[Rev. 3/13/2024 9:50:43 AM]
κ2023 Statutes of Nevada, Page 1533κ
Assembly Bill No. 184Assemblymen Watts, C.H. Miller, Yeager, Kasama; and Marzola
Joint Sponsors: Senators D. Harris and Pazina
CHAPTER 245
[Approved: June 9, 2023]
AN ACT relating to air pollution; creating the Account for Clean Trucks and Buses; creating the Clean Trucks and Buses Incentive Program; establishing various requirements for the Program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the State Environmental Commission to prescribe standards for exhaust emissions, fuel evaporative emissions and visible emissions of smoke from mobile internal combustion engines. (NRS 445B.760) Existing law also requires the Commission to establish, by regulation, a program for the regulation of smoke and other emissions by inspection of heavy-duty motor vehicles that are powered by diesel fuel or motor vehicle fuel. (NRS 445B.780) This bill establishes a voucher incentive program called the Clean Trucks and Buses Incentive Program in which the Division of Environmental Protection of the State Department of Conservation and Natural Resources will, within the limits of money available for such purposes, issue vouchers to approved contractors to redeem with the Division for offering certain price incentives to certain entities for the sale of eligible zero-emission medium-duty and heavy-duty vehicles.
Sections 2-15 of this bill define various terms related to the Clean Trucks and Buses Incentive Program.
Section 16 of this bill creates the Account for Clean Trucks and Buses, which is administered by the Division to carry out the Clean Trucks and Buses Incentive Program. Section 16 requires the Department of Transportation to enter into an agreement with the Division to: (1) enable the Division to administer 35 percent of the apportionment of federal money to this State for the federal Carbon Reduction Program, 23 U.S.C. § 175, beginning in January 2024, unless federal guidance on the federal Carbon Reduction Program determines that such federal money may not be used for the Clean Trucks and Buses Incentive Program; (2) coordinate with the Division to ensure that the use of the money is consistent with all requirements of federal law; and (3) ensure that any necessary waivers for the Clean Trucks and Buses Incentive Program are obtained from the federal government.
Section 17 of this bill creates the Clean Trucks and Buses Incentive Program and sets forth the base incentives and, unless otherwise inconsistent with federal law or guidance, incentive increases that are available to eligible entities for the purchase of a clean truck or bus. To be eligible for an incentive from the Program, section 17 requires that an entity: (1) own or operate a diesel-powered or gasoline-powered medium-duty or heavy-vehicle or a fleet of medium-duty or heavy-duty vehicles; and (2) be domiciled in this State.
Section 20.5 of this bill requires the Commission to adopt regulations to carry out the Program, which must include requirements for: (1) the Division to approve a clean truck or bus or repowered vehicle as eligible for purchase using an incentive from the Program; (2) a contractor to submit an application to be approved to sell eligible clean trucks or buses using an incentive from the Program; and (3) an eligible entity to work with an approved contractor to submit an application to receive an incentive from the Program and be awarded such an incentive from the Program.
κ2023 Statutes of Nevada, Page 1534 (CHAPTER 245, AB 184)κ
Section 21 of this bill requires the Division to review applications on a quarterly basis. Upon approval of an application, section 21 requires the Division to reserve the amount of the incentive from the Program offered to the entity in the Account for Clean Trucks and Buses and, with certain exceptions, issue the approved contractor a voucher for that amount, which is valid for 1 year and may be extended for an additional 1 year upon the request of the approved contractor. Once the clean truck or bus has been purchased, delivered and placed into operation by the entity, section 21 authorizes the contractor to redeem the voucher with the Division.
Section 22 of this bill requires an entity that receives an incentive for the purchase of a clean truck or bus from the Clean Trucks and Buses Incentive Program to submit written reports to the Division in accordance with regulations adopted by the Commission. Section 22 further requires the Division to submit an annual summary of these reports to the Director of the Legislative Counsel Bureau.
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 445B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 22, inclusive, of this act.
Sec. 2. As used in sections 2 to 22, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 15, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Clean truck or bus means a medium-duty or heavy-duty vehicle that:
1. Is powered by electricity that is stored in a battery or produced by a hydrogen fuel cell; and
2. Produces zero exhaust emissions.
Sec. 4. Clean Trucks and Buses Incentive Program or Program means the Clean Trucks and Buses Incentive Program created by section 17 of this act.
Sec. 5. Commission means the State Environmental Commission.
Sec. 6. Contractor means:
1. An original equipment manufacturer;
2. An upfit manufacturer; or
3. A vehicle dealership that sells clean trucks or buses and that has an agreement with an original equipment manufacturer or upfit manufacturer to sell eligible clean trucks or buses using incentives from the Clean Trucks and Buses Incentive Program.
Sec. 7. Division means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
Sec. 8. Eligible entity or entity means:
1. A local government, which includes, without limitation, any county, city, district, agency, regional transportation commission, school district or other political subdivision of this State;
2. A state agency that operates a medium-duty or heavy-duty vehicle or a fleet of medium-duty or heavy-duty vehicles;
3. A nonprofit organization;
4. A commercial entity that owns a medium-duty or heavy-duty vehicle or a fleet of medium-duty or heavy-duty vehicles; or
5. An independent truck operator.
κ2023 Statutes of Nevada, Page 1535 (CHAPTER 245, AB 184)κ
Sec. 9. Gross vehicle weight rating means the maximum weight specified by the manufacturer of a vehicle at which a vehicle can be operated safely.
Sec. 10. Historically underserved community has the meaning ascribed to it in NRS 445B.834.
Sec. 11. Independent truck operator means a person who is the owner or operator of a medium-duty or heavy-duty vehicle that is hired as a third-party contractor to transport goods for a commercial entity.
Sec. 12. Medium-duty or heavy-duty vehicle means any medium-duty vehicle or heavy-duty vehicle that:
1. Has a gross vehicle weight rating of more than 8,500 pounds; or
2. Is classified as having a gross vehicle weight rating class established by the United States Environmental Protection Agency of 2b or higher.
Sec. 13. Original equipment manufacturer means a company that builds or assembles the completed drivetrain and chassis of a medium-duty or heavy-duty vehicle.
Sec. 14. Repowered vehicle means a medium-duty or heavy-duty vehicle that was previously powered by diesel or gasoline which has been upfitted or retrofitted by an upfit manufacturer to be powered by a battery electric or fuel cell electric powertrain.
Sec. 15. Upfit manufacturer means a company that installs equipment on the rolling chassis of a medium-duty or heavy-duty vehicle that was purchased from an original equipment manufacturer to switch the power source of the vehicle from diesel or gasoline to a battery electric or a fuel cell electric powertrain in order to create a repowered vehicle.
Sec. 16. 1. The Account for Clean Trucks and Buses is hereby created in the State Treasury to be administered by the Division.
2. The interest and income earned on the money in the Account must, after deducting any applicable charges, be credited to the Account. All claims against the Account must be paid as other claims against the State are paid.
3. Except as otherwise provided in subsection 7, any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
4. All money that is deposited or paid into the Account must be used by the Division to carry out the Clean Trucks and Buses Incentive Program created pursuant to section 17 of this act.
5. Beginning in fiscal year 2024, and for the duration of the time in which apportionments are made to the State of Nevada by the Federal Government pursuant to the federal Carbon Reduction Program, 23 U.S.C. § 175, and available for such purposes, the Department of Transportation shall:
(a) Enter into an agreement with the Division under which:
(1) Except as otherwise provided in subparagraph 2, the Division will administer 35 percent of the federal money apportioned to this State pursuant to the federal Carbon Reduction Program, 23 U.S.C. § 175, and the Department of Transportation will make such federal money available for use by the Division to carry out the provisions of sections 2 to 22, inclusive, of this act, including, without limitation, to the extent authorized by federal law, for the costs of administering the Clean Trucks and Buses Incentive Program and staffing costs.
κ2023 Statutes of Nevada, Page 1536 (CHAPTER 245, AB 184)κ
by federal law, for the costs of administering the Clean Trucks and Buses Incentive Program and staffing costs.
(2) If federal guidance on the federal Carbon Reduction Program, 23 U.S.C. § 175, determines that federal money apportioned pursuant to the federal Carbon Reduction Program cannot be used to carry out the provisions of sections 2 to 22, inclusive, of this act, the agreement must provide for the federal money to revert to the Department of Transportation for eligible uses of such federal money.
(b) Coordinate with the Division to ensure all requirements of federal law are met in developing the Clean Trucks and Buses Incentive Program created by section 17 of this act and administering any federal money apportioned under federal law.
(c) Assist the Division to request and obtain any waivers from the Federal Highway Administration that are necessary to comply with federal law and any conditions for any federal money.
6. The Division may apply for and accept gifts, grants, donations, bequests and any other source of money available under federal law, including, without limitation, the Clean Heavy-Duty Vehicle Program, 42 U.S.C. § 7432 or the Greenhouse Gas Reduction Fund, 42 U.S.C. § 7434, and from private sources for deposit in the Account to carry out the provisions of the Clean Trucks and Buses Incentive Program created by section 17 of this act.
7. Any money deposited in the Account pursuant to the federal Carbon Reduction Program, 23 U.S.C. § 175, that is scheduled to expire in 1 year or less must revert to the Department of Transportation for other eligible uses of such federal money.
Sec. 17. 1. The Clean Trucks and Buses Incentive Program is hereby created for the purpose of awarding incentives to eligible entities for the purchase of eligible clean trucks and buses from approved contractors. Except as otherwise provided in subsection 2, the Division shall administer the Program in accordance with the provisions of sections 2 to 22, inclusive, of this act.
2. In accordance with subsection 5 of section 16 of this act, the Department of Transportation shall oversee the use of federal money for the Clean Trucks and Buses Incentive Program, ensure all requirements of federal law are met for such federal money and administer payments of federal money to the Division to carry out the Program.
3. In administering the Clean Trucks and Buses Incentive Program, the Division shall establish, in accordance with the regulations adopted by the Commission pursuant to section 20.5 of this act:
(a) The clean trucks and buses that are eligible for purchase using an incentive from the Program;
(b) The contractors that are approved to sell eligible clean trucks and buses;
(c) A process for reviewing applications submitted by an approved contractor to determine which entities will receive an incentive in accordance with the requirements set forth in this section; and
(d) A process for issuing vouchers to approved contractors who have sold an eligible clean truck or bus to an eligible entity to redeem the incentive offered to the entity.
4. To receive an incentive for the purchase of an eligible clean truck or bus, an entity must:
κ2023 Statutes of Nevada, Page 1537 (CHAPTER 245, AB 184)κ
(a) Own or operate a diesel-powered or gasoline-powered medium-duty or heavy-duty vehicle or a fleet of medium-duty or heavy-duty vehicles; and
(b) Be domiciled in this State.
5. The base incentive that is available to an eligible entity from the Program for a clean truck or bus is based on the gross vehicle weight rating class established by the United States Environmental Protection Agency as follows:
(a) For a gross vehicle weight rating class of 2b, $20,000;
(b) For a gross vehicle weight rating class of 3, $50,000;
(c) For a gross vehicle weight rating class of 4, $65,000;
(d) For a gross vehicle weight rating class of 5, $75,000;
(e) For a gross vehicle weight rating class of 6, $90,000;
(f) For a gross vehicle weight rating class of 7, $135,000; and
(g) For a gross vehicle weight rating class of 8, $175,000.
6. If an eligible entity demonstrates that the entity meets one of the following criteria, the base incentives set forth in subsection 4 may be increased if the increase is consistent with any federal law and guidance on the federal Carbon Reduction Program, 23 U.S.C. § 175, as follows:
(a) For a disadvantaged small business, including, without limitation, a disadvantaged minority-owned, veteran-owned, LGBTQ-owned or woman-owned business or disadvantaged business owned by a resident of an Indian reservation or Indian colony, a 5 percent increase to the base incentive.
(b) For a small business, a 20 percent increase to the base incentive.
(c) For an independent truck operator, a 33 percent increase to the base incentive. An independent truck operator may not also apply to receive the small business increase to the base incentive.
(d) For a regional transportation commission, a 10 percent increase to the base incentive.
(e) For a school district, charter school or university school for profoundly gifted pupils:
(1) A 10 percent increase to the base incentive; or
(2) If the school district, charter school or university school for profoundly gifted pupils is located in a historically underserved community, a 20 percent increase to the base incentive.
(f) For a tribal government, a 20 percent increase to the base incentive.
7. An eligible entity:
(a) May not receive more than 2 increases to the base incentive pursuant to subsection 6;
(b) Except as otherwise provided in paragraph (c), may not receive more than 10 incentives in one year; and
(c) That is a school district or regional transportation commission in a county whose population is 700,000 or more may not receive more than 15 incentives in a year.
8. As used in this section:
(a) LGBTQ means lesbian, gay, bisexual, transgender, queer or intersex or of any other nonheterosexual or noncisgender orientation or gender identity or expression.
(b) LGBTQ-owned business means a business that:
(1) Is owned by a natural person who identifies as LGBTQ; or
(2) Has at least 51 percent of its ownership interest held by one or more natural persons who identify as LGBTQ.
κ2023 Statutes of Nevada, Page 1538 (CHAPTER 245, AB 184)κ
(c) Minority group means:
(1) A racial or ethnic minority group; or
(2) A group of persons with disabilities.
(d) Minority-owned business means a business that:
(1) Is owned by a natural person who is a member of a minority group; or
(2) Has at least 51 percent of its ownership interest held by one or more natural persons who is a member of a minority group.
Secs. 18-20. (Deleted by amendment.)
Sec. 20.5. The Commission shall adopt regulations to carry out the Clean Trucks and Buses Incentive Program in accordance with the provisions of sections 2 to 22, inclusive of this act. Any such regulations adopted by the Commission pursuant to this section must be consistent with all applicable requirements of federal law and must include, without limitation:
1. The requirements to approve a clean truck or bus as eligible for an incentive, including, without limitation:
(a) The process by which applications must be submitted to the Division to approve a clean truck or bus as eligible to receive an incentive;
(b) The contents of an application required for approval of a clean truck or bus as eligible to receive an incentive;
(c) Any specific requirements relating to the manufacturing and final assembly of clean trucks or buses that are necessary to meet any requirements of federal law for the use of federal money;
(d) Any specific requirements for repowered vehicles;
(e) Any performance requirements for eligible vehicles to meet in order to participate in the Program; and
(f) Any other necessary requirements relating to approving a clean truck or bus, as determined by the Commission.
2. The requirements to approve a contractor to participate as an approved contractor in the Program, including, without limitation:
(a) The process by which applications must be submitted by contractors to the Division;
(b) The contents of the application required to be submitted by a contractor to participate as an approved contractor;
(c) Any activities in which an approved contractor may engage under the Program; and
(d) Any other necessary requirements relating to approving a contractor, as determined by the Commission.
3. The requirements relating to entities which are eligible to receive an incentive for the purchase of an eligible clean truck or bus, including, without limitation:
(a) The process to determine the eligibility of entities to receive an incentive;
(b) Any requirements for eligible entities;
(c) The contents of the application submitted by an entity who may be eligible for an incentive and an approved contractor for a voucher from the Program;
(d) The process by which applications for a voucher are submitted and processed by the Division;
(e) The process for awarding incentives to eligible entities; and
κ2023 Statutes of Nevada, Page 1539 (CHAPTER 245, AB 184)κ
(f) Any other necessary requirements relating to applications for and awards of incentives, as determined by the Commission.
Sec. 21. 1. The Division shall review the applications submitted in accordance with the regulations adopted pursuant to section 20.5 of this act on a rolling basis beginning on January 1, March 1, June 1 and September 1 of each year and, within the limits of money available from the Account for Clean Trucks and Buses for that quarter, grant applications for incentives. If an eligible entity meets the requirements for an incentive but does not receive an incentive after submitting an application, the entity must be waitlisted and granted priority to receive an incentive during the next application cycle.
2. Upon approving an application, the Division shall reserve the amount of the incentive in the Account for Clean Trucks and Buses and, except as otherwise provided in subsection 4, issue the approved contractor a voucher for that amount, which, except as otherwise provided in this subsection, is valid for a period of 1 year from the date of issuance. The approved contractor may redeem the voucher by submitting proof to the Division that the clean truck or bus has been purchased, delivered and placed into operation by the entity who received the incentive. The approved contractor may submit a request to the Division for an extension of the voucher for an additional period of 1 year.
3. The approved contractor must reduce the price of the clean truck or bus by the full amount of the voucher issued to the approved contractor and must not charge any additional fees for selling the clean truck or bus, including, without limitation, any fees associated with processing the voucher.
4. If the incremental cost of an eligible clean truck or bus is less than the incentive which an entity is eligible to receive, the Division shall reduce the value of the voucher to the incremental cost of purchasing the clean truck or bus instead of a comparable diesel-powered or gasoline-powered medium-duty or heavy-duty vehicle.
Sec. 22. 1. An entity that receives an incentive for the purchase of a clean truck or bus from the Clean Trucks and Buses Incentive Program must submit written reports to the Division in accordance with the regulations adopted by the Commission pursuant to subsection 2.
2. The Commission shall adopt regulations establishing reporting requirements in accordance with this section for recipients of an incentive from the Program. Such regulations:
(a) May not require a recipient to submit a report more than two times each year; and
(b) May not require a recipient to submit a report for more than 3 years, unless otherwise required to comply with federal law.
3. On or before December 31 of each year, the Division shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session to the Legislative Commission, a summary of the reports submitted to the Division pursuant to this section.
Sec. 22.5. (Deleted by amendment.)
Sec. 23. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
κ2023 Statutes of Nevada, Page 1540 (CHAPTER 245, AB 184)κ
Sec. 24. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 20.5, inclusive, 22 and 23 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
3. Section 21 of this act becomes effective on the date that the permanent regulations required to be adopted by the State Environmental Commission pursuant to section 20.5 of this act are filed with the Secretary of State pursuant to NRS 233B.070.
4. Section 22.5 of this act becomes effective on July 1, 2023.
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Assembly Bill No. 112Committee on Growth and Infrastructure
CHAPTER 246
[Approved: June 9, 2023]
AN ACT relating to wildlife; defining the term wildlife for the purposes of wildlife crossings; creating the Wildlife Crossings Account in the State General Fund; requiring the Director of the Department of Transportation to administer the Account; requiring the Department of Transportation, in consultation with the Department of Wildlife, to develop and publish an inventory and list of certain projects relating to wildlife crossings; requiring the Director of the Department of Transportation to review the standards and specifications for the design and construction of highways in this State to determine the standards and specifications necessary for incorporating wildlife crossings and related highway features into the highways of this State; requiring the Department of Transportation and the Department of Wildlife to consult with certain persons regarding locations for wildlife crossings and related highway features; authorizing the Director of the Department of Transportation to adopt regulations; making an appropriation to implement projects relating to wildlife crossings; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law establishes a wildlife-crossing safety program to provide grants of money to states for projects that seek to reduce wildlife-vehicle collisions and improve wildlife habitat connectivity. (23 U.S.C. § 171) Section 1.5 of this bill defines the term wildlife for the purposes of this bill. Section 2 of this bill creates the Wildlife Crossings Account in the State General Fund, which is administered by the Director of the Department of Transportation. Section 2 requires the Department of Transportation to consult with the Department of Wildlife to identify locations and strategies relating to wildlife crossings and prioritize certain areas to fund projects relating to wildlife crossings.
κ2023 Statutes of Nevada, Page 1541 (CHAPTER 246, AB 112)κ
Section 3 of this bill requires the Department of Transportation, in consultation with the Department of Wildlife, to develop, publish and update an inventory of connectivity needs on the state highway system where the implementation of wildlife crossings and other related highway features will improve permeability for wildlife, reduce wildlife-vehicle collisions or enhance wildlife activity.
Section 4 of this bill requires the Director of the Department of Transportation to review the standards and specifications for the design and construction of highways in this State to determine standards and specifications necessary to incorporate wildlife crossings and other related highway features into the highways in this State.
Section 4.5 of this bill requires the Department of Transportation and the Department of Wildlife to consult with holders of grazing permits and private landowners adjacent to any potential locations for wildlife crossings and related highway features.
Section 5 of this bill authorizes the Director of the Department of Transportation to adopt regulations to carry out the provisions of this bill.
Section 6 of this bill makes an appropriation to the Wildlife Crossings Account to implement projects relating to wildlife crossings and other highway features to improve permeability for wildlife.
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 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 5, inclusive, of this act:
Sec. 1.5. As used in sections 1.5 to 5, inclusive, of this act, unless the context otherwise requires, wildlife has the meaning ascribed to it in NRS 501.097.
Sec. 2. 1. The Wildlife Crossings Account is hereby created in the State General Fund. The Director shall administer the Account. The Account is a continuing account without reversion.
2. Any proceeds from the issuance of bonds or other securities for the Account must be deposited in the State Treasury for credit to the Account.
3. The Director may accept gifts, grants and bequests of money from any public or private source. The money must be deposited in the State Treasury for credit to the Account.
4. Money in the Account must be used by the Department for the design, construction, identification, restoration and protection of wildlife crossings and other related highway features to improve wildlife permeability in this State, which may include, without limitation:
(a) Matching any federal money for a project to design, construct, identify, restore or protect wildlife crossings and other related highway features;
(b) Conducting studies on wildlife crossings and other related highway features;
(c) Designing or constructing wildlife crossings and other related highway features;
(d) Planning related to wildlife crossings and other related highway features;
(e) Staffing needs related to the design, construction, identification, restoration and protection of wildlife crossings and other related highway features; and
κ2023 Statutes of Nevada, Page 1542 (CHAPTER 246, AB 112)κ
(f) Carrying out the provisions of sections 1.5 to 5, inclusive, of this act, in cooperation with the Department of Wildlife.
5. In administering the Account, the Department shall consult with the Department of Wildlife to:
(a) Identify locations where key wildlife habitat, wildlife migration corridors and highways intersect;
(b) Identify and implement strategies to avoid, minimize and mitigate wildlife-vehicle collisions; and
(c) Prioritize areas to implement projects for wildlife crossings or other related highway features to improve permeability for wildlife while maintaining highway user safety.
6. All claims against the Account must be paid as other claims against the State are paid.
Sec. 3. 1. The Department shall, in consultation with the Department of Wildlife, develop an inventory of connectivity needs on the state highway system where the implementation of wildlife crossings and other related highway features will improve permeability for wildlife, reduce wildlife-vehicle collisions or enhance wildlife connectivity. The inventory may include, without limitation, projects and needs previously identified by the Department, other state agencies, tribal governments and local governments.
2. Not later than December 1, 2023, the Department shall publish:
(a) The inventory required pursuant to subsection 1; and
(b) A list of any funded transportation projects that implemented wildlife crossings or other related highway features to improve permeability for wildlife or addressed wildlife connectivity needs.
3. The Department shall update the inventory and list required to be published pursuant to subsection 2 at least once every 2 years.
Sec. 4. The Director shall review the standards and specifications for the design and construction of highways in this State to determine the standards and specifications necessary for incorporating wildlife crossings and other related highway features to improve permeability for wildlife in the design and construction of highways in this State.
Sec. 4.5. In carrying out the provisions of sections 1.5 to 5, inclusive, of this act, the Department and the Department of Wildlife shall consult with holders of grazing permits and private landowners of land adjacent to any location identified for the possible implementation of wildlife crossings and related highway features to avoid or mitigate any impacts on livestock management or uses of private land.
Sec. 5. The Director may adopt regulations to carry out the provisions of sections 1.5 to 5, inclusive, of this act.
Sec. 6. There is hereby appropriated from the State General Fund to the Wildlife Crossings Account created pursuant to section 2 of this act the sum of $5,000,000 to implement projects to design, construct, identify, restore or protect wildlife crossings and other related highway features to improve permeability for wildlife.
Sec. 7. This act becomes effective on July 1, 2023.
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κ2023 Statutes of Nevada, Page 1543κ
Assembly Bill No. 270Assemblywoman Marzola
CHAPTER 247
[Approved: June 9, 2023]
AN ACT relating to providers of health care; providing for the licensure and regulation of anesthesiologist assistants by the Board of Medical Examiners and the State Board of Osteopathic Medicine; requiring an anesthesiologist assistant to work under the supervision of a supervising anesthesiologist or supervising osteopathic anesthesiologist, as applicable, except when rendering emergency care under certain circumstances; establishing the maximum fee the Boards may impose for the licensure of an anesthesiologist assistant and the biennial registration of such licenses; exempting an anesthesiologist assistant from civil liability under certain circumstances; requiring an anesthesiologist assistant to report instances of neglect or abuse of older persons and vulnerable persons; authorizing an anesthesiologist assistant to be simultaneously licensed by the Board of Medical Examiners and the State Board of Osteopathic Medicine; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the licensure by the Board of Medical Examiners and the State Board of Osteopathic Medicine of a physician assistant who works under the supervision of a physician or osteopathic physician, respectively. (NRS 630.273, 633.305) Sections 8, 9, 47 and 48 of this bill provide for the licensure of anesthesiologist assistants by the Board of Medical Examiners and the State Board of Osteopathic Medicine, respectively, and prescribe the qualifications necessary for licensure. Sections 12, 13, 51 and 52 of this bill require that an anesthesiologist assistant work under the supervision of a supervising anesthesiologist or supervising osteopathic anesthesiologist, except when rendering emergency care directly related to an emergency or disaster, under certain circumstances. Sections 10 and 49 of this bill require the Boards to adopt regulations establishing requirements for the licensure of anesthesiologist assistants. Sections 31 and 66 of this bill prescribe the maximum fee that the Boards may charge for the respective applications for and the issuance of a license to practice as an anesthesiologist assistant and the biennial registration of an anesthesiologist assistant. Section 24 of this bill authorizes the Board of Medical Examiners to select anesthesiologist assistants to serve as advisory members of the Board. Sections 25-30, 33, 37, 61, 64, 65, 67, 70-73 and 77-84 of this bill make conforming changes to the duties of the Boards to include anesthesiologist assistants for the purposes of licensure, investigation and discipline.
Sections 7 and 46 of this bill authorize a licensed anesthesiologist assistant to assist in the practice of medicine under the supervision of a supervising anesthesiologist or supervising osteopathic anesthesiologist, as applicable. Sections 7 and 46 list the services and duties that an anesthesiologist assistant may perform, including requirements for the possession and administration of controlled substances. Sections 7 and 46 also provide that an anesthesiologist assistant may not perform any duties that are outside the scope of the duties assigned to the anesthesiologist assistant by the supervising anesthesiologist or supervising osteopathic anesthesiologist, as applicable, or delegate to any other person any medical care task assigned to the anesthesiologist assistant by a supervising anesthesiologist or supervising osteopathic anesthesiologist, as applicable.
κ2023 Statutes of Nevada, Page 1544 (CHAPTER 247, AB 270)κ
Sections 32, 74-76 and 87-89 of this bill establish the process for the filing with the Boards of certain complaints concerning an anesthesiologist assistant. Sections 33, 62, 63 and 67 set forth procedures for the investigation of complaints and the imposition of disciplinary action by the Boards against an anesthesiologist assistant. Sections 39 and 90 of this bill provide that a person who holds himself or herself out as an anesthesiologist assistant without being licensed as such by the Board is guilty of a category C or D felony. Sections 14 and 53 of this bill require each medical facility in this State employing an anesthesiologist assistant to submit to the Boards a list of such personnel at least three times annually, as directed by the Boards. Sections 14, 53 and 97 of this bill provide that such a list is confidential. Sections 14 and 53 also require a medical facility to obtain validation from the Boards that a prospective employee is licensed pursuant to the provisions of sections 8, 9, 47 or 48 of this bill, as applicable.
Sections 1, 94, 95, 101 and 102 of this bill include anesthesiologist assistants in the definition of the term provider of health care for certain purposes. Section 40 of this bill requires an anesthesiologist assistant to report to the Executive Director of the State Board of Nursing any conduct of a licensee of that Board or holder of a certificate issued by that Board which violates provisions governing nursing. Sections 86, 92 and 93 of this bill provide that an anesthesiologist assistant is immune from civil liability for rendering medical care in certain emergency situations. Section 96 of this bill requires an anesthesiologist assistant to report instances of suspected abuse, neglect, exploitation, isolation or abandonment of older persons and vulnerable persons.
Sections 99 and 100 of this bill include anesthesiologist assistants as a medical field of study eligible for certain scholarships.
Sections 3-6 and 42-45 of this bill define certain terms pertaining to anesthesiologist assistants. Sections 11 and 50 of this bill require an anesthesiologist assistant to identify himself or herself as an anesthesiologist assistant when engaged in professional duties. Sections 19-23, 27, 34-36, 38, 41, 98, 101, 103 and 104 of this bill make conforming changes to include anesthesiologist assistants with certain other providers of health care 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. NRS 629.031 is hereby amended to read as follows:
629.031 Except as otherwise provided by a specific statute:
1. Provider of health care means:
(a) A physician licensed pursuant to chapter 630, 630A or 633 of NRS;
(b) A physician assistant;
(c) An anesthesiologist assistant;
(d) A dentist;
[(d)] (e) A licensed nurse;
[(e)] (f) A person who holds a license as an attendant or who is certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant to chapter 450B of NRS;
[(f)] (g) A dispensing optician;
[(g)] (h) An optometrist;
[(h)] (i) A speech-language pathologist;
[(i)] (j) An audiologist;
[(j)] (k) A practitioner of respiratory care;
[(k)] (l) A licensed physical therapist;
[(l)] (m) An occupational therapist;
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[(m)] (n) A podiatric physician;
[(n)] (o) A licensed psychologist;
[(o)] (p) A licensed marriage and family therapist;
[(p)] (q) A licensed clinical professional counselor;
[(q)] (r) A music therapist;
[(r)] (s) A chiropractic physician;
[(s)] (t) An athletic trainer;
[(t)] (u) A perfusionist;
[(u)] (v) A doctor of Oriental medicine in any form;
[(v)] (w) A medical laboratory director or technician;
[(w)] (x) A pharmacist;
[(x)] (y) A licensed dietitian;
[(y)] (z) An associate in social work, a social worker, a master social worker, an independent social worker or a clinical social worker licensed pursuant to chapter 641B of NRS;
[(z)] (aa) An alcohol and drug counselor or a problem gambling counselor who is certified pursuant to chapter 641C of NRS;
[(aa)] (bb) An alcohol and drug counselor or a clinical alcohol and drug counselor who is licensed pursuant to chapter 641C of NRS;
[(bb)] (cc) A behavior analyst, assistant behavior analyst or registered behavior technician; or
[(cc)] (dd) A medical facility as the employer of any person specified in this subsection.
2. For the purposes of NRS 629.400 to 629.490, inclusive, the term includes:
(a) A person who holds a license or certificate issued pursuant to chapter 631 of NRS; and
(b) A person who holds a current license or certificate to practice his or her respective discipline pursuant to the applicable provisions of law of another state or territory of the United States.
Sec. 2. Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 18, inclusive, of this act.
Sec. 3. Anesthesiologist assistant means a person who has been issued a license by the Board pursuant to section 8 or 9 of this act, as applicable, and is approved by the Board to assist in the practice of medicine under the supervision of a supervising anesthesiologist.
Sec. 4. Assist in the practice of medicine means an anesthesiologist assistant personally performs the duties assigned to the anesthesiologist assistant by and under the supervision of a supervising anesthesiologist.
Sec. 5. Certification examination means the initial certifying examination approved by the Board for the certification of anesthesiologist assistants, including, without limitation, the examination administered by the National Commission for Certification of Anesthesiologist Assistants, its successor organization or other nationally recognized organization for the certification of anesthesiologist assistants that has been reviewed and approved by the Board.
Sec. 6. Supervising anesthesiologist means an active physician who is licensed and in good standing in this State, is certified or is eligible to be certified as an anesthesiologist by the American Board of Anesthesiology or its successor organization and supervises one or more anesthesiologist assistants.
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Sec. 7. 1. An anesthesiologist assistant licensed under the provisions of this chapter may assist in the practice of medicine in accordance with the regulations adopted by the Board pursuant to section 10 of this act and under the supervision of a supervising anesthesiologist.
2. An anesthesiologist assistant may perform the following duties and responsibilities as delegated by and under the supervision of a supervising anesthesiologist, including, without limitation:
(a) Developing and implementing an anesthesia care plan for a patient;
(b) Obtaining the comprehensive health history of a patient, performing relevant elements of a physical examination of a patient and recording relevant data;
(c) Ordering and performing preoperative and postoperative anesthetic patient evaluations and consultations and maintaining patient progress notes;
(d) Subject to the limitations of NRS 453.375, possessing and administering preoperative and perioperative medications, including, without limitation, controlled substances, administering anesthetic agents, related pharmaceutical agents, fluid and blood products and adjunctive treatment, for purposes of:
(1) Maintaining and altering the levels of anesthesia and providing continuity of anesthetic care into and during the postoperative recovery period;
(2) The continuation of perioperative medications;
(3) Performing general anesthesia, including, without limitation, induction, maintenance, emergence and other procedures associated with general anesthesia;
(4) Administering vasoactive drugs and starting and titrating vasoactive infusions to treat a response of a patient to anesthesia; and
(5) Administering postoperative sedation, anxiolysis or analgesia medication to treat patient responses to anesthesia;
(e) Entering in the medical record of a patient verbal or written medication chart orders as prescribed by the supervising anesthesiologist;
(f) Changing or discontinuing an anesthesia care plan after consulting with the supervising anesthesiologist;
(g) Obtaining informed consent from a patient or the parent or guardian of the patient, as applicable, for the administration of anesthesia or related procedures;
(h) Pretesting and calibrating anesthesia delivery systems and obtaining information from such systems and from monitors;
(i) Implementing medically accepted monitoring techniques;
(j) Establishing airway interventions and performing ventilatory support, including, without limitation, endotracheal intubation, laryngeal mask insertion and other advanced airway techniques;
(k) Establishing peripheral intravenous lines, including, without limitation, the use of subcutaneous lidocaine, and performing invasive procedures, including, without limitation, the placement of arterial lines, central lines and Swan-Ganz catheters;
(l) Performing, maintaining, evaluating and managing epidural, spinal and regional anesthesia, including, without limitation, catheters;
(m) Performing monitored anesthesia care;
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(n) Conducting laboratory and other related studies, including, without limitation, taking blood samples and administering blood, blood products and supportive fluids;
(o) Performing, ordering and interpreting preoperative, point-of-care, intraoperative or postoperative diagnostic testing or procedures;
(p) Monitoring the patient while in the preoperative suite, recovery area or labor suites and making postanesthesia rounds;
(q) Participating in administrative, research and clinical teaching activities, including, without limitation, supervising student anesthesiologist assistants and students involved in anesthesia training;
(r) Initiating and managing cardiopulmonary resuscitation in response to a life-threatening situation; and
(s) Performing such other tasks that are not otherwise prohibited by law and in which the anesthesiologist assistant has been trained and is competent.
3. An anesthesiologist assistant shall not prescribe any controlled substance or any dangerous drug, as defined in NRS 454.201.
4. An anesthesiologist assistant may not perform any duties which are outside the scope of the duties assigned to the anesthesiologist assistant by the supervising anesthesiologist or delegate any medical care task assigned to the anesthesiologist assistant by the supervising anesthesiologist to any other person.
Sec. 8. 1. The Board may issue a license to practice as an anesthesiologist assistant to an applicant who:
(a) Graduated from an anesthesiologist assistant program accredited by the Commission on Accreditation of Allied Health Education Programs or its predecessor or successor organization;
(b) Has passed a certification examination administered by the National Commission for Certification of Anesthesiologist Assistants, its successor organization or other nationally recognized organization for the certification of anesthesiologist assistants that has been reviewed and approved by the Board;
(c) Is certified by the National Commission for Certification of Anesthesiologist Assistants, its successor organization or other nationally recognized organization for the certification of anesthesiologist assistances that has been reviewed and approved by the Board;
(d) Submits an application for a license as an anesthesiologist assistant in accordance with the regulations adopted by the Board pursuant to section 10 of this act;
(e) Pays the application fee for the application for and issuance of a license as an anesthesiologist assistant required by NRS 630.268; and
(f) Meets the qualifications prescribed by the regulations adopted by the Board pursuant to section 10 of this act to assist in the practice of medicine under the supervision of a supervising anesthesiologist.
2. An applicant for a license to practice as an anesthesiologist assistant submitted pursuant to this section must include, without limitation, all the information required by the Board to complete the application.
3. A license issued by the Board pursuant to subsection 1 is valid for a period of 2 years and may be renewed in a manner consistent with the regulations adopted by the Board pursuant to section 10 of this act.
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Sec. 9. 1. The Board may issue a temporary license to practice as an anesthesiologist assistant to an applicant who:
(a) Graduated from an anesthesiologist assistant program accredited by the Commission on Accreditation of Allied Health Education Programs or its predecessor or successor organization or another program for educating and training anesthesiologist assistants but who has not yet passed the certification examination required by paragraph (b) of subsection 1 of section 8 of this act;
(b) Submits an application for temporary licensure; and
(c) Pays the application fee required by NRS 630.268.
2. An applicant for a temporary license to practice as an anesthesiologist assistant submitted pursuant to this section must include all the information required by the Board to complete the application.
3. An applicant issued a temporary license to practice as an anesthesiologist assistant pursuant to subsection 1 must take the next available certification examination required by paragraph (b) of subsection 1 of section 8 of this act after receiving a temporary license.
4. A temporary license to practice as an anesthesiologist assistant issued pursuant to subsection 1 is valid for a period of 1 year and is subject to any requirements established by the regulations adopted by the Board pursuant to section 10 of this act.
Sec. 10. The Board shall adopt regulations establishing the requirements for the issuance of a license to practice as an anesthesiologist assistant pursuant to section 8 of this act and a temporary license to practice as an anesthesiologist assistant pursuant to section 9 of this act, including, without limitation:
1. The required qualifications of an applicant for such a license or temporary license;
2. The academic or educational certificates, credentials or programs of study required of an applicant for such a license or temporary license;
3. The procedures for submitting an application for such a license or temporary license;
4. The standards of review for applications submitted pursuant to sections 8 and 9 of this act and procedures for the issuance of such licenses;
5. The testing or examination of applicants by the Board;
6. The renewal, revocation, suspension and termination of licenses;
7. The regulation and discipline of anesthesiologist assistants, including, without limitation, the reporting of complaints, conducting investigations of alleged misconduct and disciplinary proceedings;
8. The requirements for the supervision of an anesthesiologist assistant by a supervising anesthesiologist; and
9. Consistent with the provisions of section 7 of this act, the duties which an anesthesiologist assistant may perform under the supervision of a supervising anesthesiologist.
Sec. 11. An anesthesiologist assistant licensed pursuant to section 8 or 9 of this act shall identify himself or herself as an anesthesiologist assistant when engaged in professional duties.
Sec. 12. 1. An anesthesiologist assistant licensed pursuant to section 8 or 9 of this act who is responding to a need for medical care created by an emergency or disaster, as declared by a governmental agency, may render emergency care that is directly related to the emergency or disaster without the supervision of a supervising anesthesiologist as required by this chapter.
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emergency or disaster without the supervision of a supervising anesthesiologist as required by this chapter. The provisions of this subsection apply only for the duration of the emergency or disaster.
2. A supervising anesthesiologist who supervises an anesthesiologist assistant who is rendering emergency care that is directly related to an emergency or disaster, as described in subsection 1, is not required to meet the requirements set forth in this chapter for such supervision.
Sec. 13. 1. A supervising anesthesiologist shall be immediately available in such proximity to an anesthesiologist assistant during the performance of his or her duties that the supervising anesthesiologist is able to effectively reestablish direct contact with the patient to meet the medical needs of the patient and intervene to address any urgent or emergent clinical problems.
2. A supervising anesthesiologist shall supervise an anesthesiologist assistant in a manner consistent with any applicable federal rule or regulation for reimbursement for anesthesia services.
Sec. 14. 1. Each medical facility in this State employing an anesthesiologist assistant shall submit to the Board a list of such personnel at least three times annually, as directed by the Board. Except as otherwise provided in NRS 239.0115, each list submitted to the Board pursuant to this subsection is confidential.
2. A medical facility shall, before hiring an anesthesiologist assistant, obtain validation from the Board that the prospective employee is licensed pursuant to the provisions of section 8 or 9 of this act, as applicable.
Sec. 15. A person applying for an anesthesiologist assistant license pursuant to the provisions of this chapter who wishes to hold a simultaneous license to practice as an anesthesiologist assistant pursuant to the provisions of chapter 633 of NRS must:
1. Indicate in the application that he or she wishes to hold a simultaneous license as an anesthesiologist assistant pursuant to the provisions of chapter 633 of NRS;
2. Apply for a license to practice as an anesthesiologist assistant to:
(a) The Board pursuant to this chapter; and
(b) The State Board of Osteopathic Medicine pursuant to chapter 633 of NRS; and
3. Pay all applicable fees, including, without limitation:
(a) The fee for application for and issuance of a simultaneous license as an anesthesiologist assistant pursuant to NRS 630.268; and
(b) The application and initial simultaneous license fee for an anesthesiologist assistant pursuant to NRS 633.501.
Sec. 16. A person applying to renew an anesthesiologist assistant license pursuant to the provisions of this chapter who wishes to hold a simultaneous anesthesiologist assistant license pursuant to the provisions of chapter 633 of NRS must:
1. Indicate in the application that he or she wishes to hold a simultaneous license as an anesthesiologist assistant pursuant to the provisions of chapter 633 of NRS;
2. Apply:
(a) To renew an anesthesiologist assistant license to the Board pursuant to this chapter; and
(b) For an anesthesiologist assistant license to the State Board of Osteopathic Medicine pursuant to chapter 633 of NRS; and
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3. Pay all applicable fees, including, without limitation:
(a) The fee for biennial simultaneous registration of an anesthesiologist assistant pursuant to NRS 630.268; and
(b) The application and initial simultaneous license fee for an anesthesiologist assistant pursuant to NRS 633.501.
Sec. 17. If a person licensed as an anesthesiologist assistant pursuant to the provisions of this chapter is not applying to renew his or her license and wishes to hold a simultaneous license as an anesthesiologist assistant pursuant to the provisions of chapter 633 of NRS, the person must:
1. Apply for an anesthesiologist assistant license to the State Board of Osteopathic Medicine pursuant to chapter 633 of NRS; and
2. Pay all applicable fees, including, without limitation:
(a) The fee for biennial simultaneous registration of an anesthesiologist assistant pursuant to NRS 630.268; and
(b) The application and initial simultaneous license fee for an anesthesiologist assistant pursuant to NRS 633.501.
Sec. 18. On or before the last day of each quarter, the Board shall provide the State Board of Osteopathic Medicine a list of all anesthesiologist assistants licensed by the Board.
Sec. 19. NRS 630.003 is hereby amended to read as follows:
630.003 1. The Legislature finds and declares that:
(a) It is among the responsibilities of State Government to ensure, as far as possible, that only competent persons practice medicine, perfusion and respiratory care within this State;
(b) For the protection and benefit of the public, the Legislature delegates to the Board of Medical Examiners the power and duty to determine the initial and continuing competence of physicians, perfusionists, physician assistants , anesthesiologist assistants and practitioners of respiratory care who are subject to the provisions of this chapter;
(c) The Board must exercise its regulatory power to ensure that the interests of the medical profession do not outweigh the interests of the public;
(d) The Board must ensure that unfit physicians, perfusionists, physician assistants , anesthesiologist assistants and practitioners of respiratory care are removed from the medical profession so that they will not cause harm to the public; and
(e) The Board must encourage and allow for public input into its regulatory activities to further improve the quality of medical practice within this State.
2. The powers conferred upon the Board by this chapter must be liberally construed to carry out these purposes for the protection and benefit of the public.
Sec. 20. NRS 630.005 is hereby amended to read as follows:
630.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 630.007 to 630.026, inclusive, and sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 21. NRS 630.021 is hereby amended to read as follows:
630.021 Practice of respiratory care includes:
1. Therapeutic and diagnostic use of medical gases, humidity and aerosols and the maintenance of associated apparatus;
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2. The administration of drugs and medications to the cardiopulmonary system;
3. The provision of ventilatory assistance and control;
4. Postural drainage and percussion, breathing exercises and other respiratory rehabilitation procedures;
5. Cardiopulmonary resuscitation and maintenance of natural airways and the insertion and maintenance of artificial airways;
6. Carrying out the written orders of a physician, physician assistant, anesthesiologist assistant, certified registered nurse anesthetist or an advanced practice registered nurse relating to respiratory care;
7. Techniques for testing to assist in diagnosis, monitoring, treatment and research related to respiratory care, including the measurement of ventilatory volumes, pressures and flows, collection of blood and other specimens, testing of pulmonary functions and hemodynamic and other related physiological monitoring of the cardiopulmonary system; and
8. Training relating to the practice of respiratory care.
Sec. 22. NRS 630.045 is hereby amended to read as follows:
630.045 1. The purpose of licensing physicians, perfusionists, physician assistants , anesthesiologist assistants and practitioners of respiratory care is to protect the public health and safety and the general welfare of the people of this State.
2. Any license issued pursuant to this chapter is a revocable privilege.
Sec. 23. NRS 630.047 is hereby amended to read as follows:
630.047 1. This chapter does not apply to:
(a) A medical officer or perfusionist or practitioner of respiratory care of the Armed Forces or a medical officer or perfusionist or practitioner of respiratory care of any division or department of the United States in the discharge of his or her official duties, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455;
(b) Physicians who are called into this State, other than on a regular basis, for consultation with or assistance to a physician licensed in this State, and who are legally qualified to practice in the state where they reside;
(c) Physicians who are legally qualified to practice in the state where they reside and come into this State on an irregular basis to:
(1) Obtain medical training approved by the Board from a physician who is licensed in this State; or
(2) Provide medical instruction or training approved by the Board to physicians licensed in this State;
(d) Physicians who are temporarily exempt from licensure pursuant to NRS 630.2665 and are practicing medicine within the scope of the exemption;
(e) Any person permitted to practice any other healing art under this title who does so within the scope of that authority, or healing by faith or Christian Science;
(f) The practice of respiratory care by a student as part of a program of study in respiratory care that is approved by the Board, or is recognized by a national organization which is approved by the Board to review such programs, if the student is enrolled in the program and provides respiratory care only under the supervision of a practitioner of respiratory care;
(g) The practice of respiratory care by a student who:
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(1) Is enrolled in a clinical program of study in respiratory care which has been approved by the Board;
(2) Is employed by a medical facility, as defined in NRS 449.0151; and
(3) Provides respiratory care to patients who are not in a critical medical condition or, in an emergency, to patients who are in a critical medical condition and a practitioner of respiratory care is not immediately available to provide that care and the student is directed by a physician to provide respiratory care under the supervision of the physician until a practitioner of respiratory care is available;
(h) The practice of respiratory care by a person on himself or herself or gratuitous respiratory care provided to a friend or a member of a persons family if the provider of the care does not represent himself or herself as a practitioner of respiratory care;
(i) A person who is employed by a physician and provides respiratory care or services as a perfusionist under the supervision of that physician;
(j) The maintenance of medical equipment for perfusion or respiratory care that is not attached to a patient;
(k) A person who installs medical equipment for respiratory care that is used in the home and gives instructions regarding the use of that equipment if the person is trained to provide such services and is supervised by a provider of health care who is acting within the authorized scope of his or her practice;
(l) The performance of medical services by a student enrolled in an educational program for a physician assistant which is accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc., or its successor organization, as part of such a program; and
(m) A physician assistant of any division or department of the United States in the discharge of his or her official duties unless licensure by a state is required by the division or department of the United States.
2. This chapter does not repeal or affect any statute of Nevada regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services outside of a medical school or medical facility by a person who is not a physician, perfusionist, physician assistant , anesthesiologist assistant or practitioner of respiratory care in cases of emergency.
(b) The domestic administration of family remedies.
Sec. 24. NRS 630.075 is hereby amended to read as follows:
630.075 The Board may, by majority vote, select physicians , anesthesiologist assistants and members of the public, who must meet the same qualifications as required for members of the Board, to serve as advisory members of the Board. One or more advisory members may be designated by the Board to assist a committee of its members in an investigation as provided in NRS 630.311 but may not vote on any matter before the committee. Advisory members may also serve as members of the panel selected to hear charges as provided in NRS 630.339 and may vote on any recommendation made by the panel to the Board.
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Sec. 25. NRS 630.120 is hereby amended to read as follows:
630.120 1. The Board shall procure a seal.
2. All licenses issued to physicians, perfusionists, physician assistants , anesthesiologist assistants and practitioners of respiratory care must bear the seal of the Board and the signatures of its President and Secretary-Treasurer.
Sec. 26. NRS 630.137 is hereby amended to read as follows:
630.137 1. Notwithstanding any other provision of law and except as otherwise provided in this section, the Board shall not adopt any regulations that prohibit or have the effect of prohibiting a physician, perfusionist, physician assistant , anesthesiologist assistant or practitioner of respiratory care from collaborating or consulting with another provider of health care.
2. The provisions of this section do not prevent the Board from adopting regulations that prohibit a physician, perfusionist, physician assistant , anesthesiologist assistant or practitioner of respiratory care from aiding or abetting another person in the unlicensed practice of medicine or the unlicensed practice of perfusion or respiratory care.
3. As used in this section, provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 27. NRS 630.167 is hereby amended to read as follows:
630.167 1. In addition to any other requirements set forth in this chapter, each applicant for a license to practice medicine, including, without limitation, an expedited license pursuant to NRS 630.1606 or 630.1607 or chapter 629A of NRS, and each applicant for a license to practice as a perfusionist, to practice as a physician assistant , to practice as an anesthesiologist assistant or to practice respiratory care shall submit to the Board a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. Any fees or costs charged by the Board for this service pursuant to NRS 630.268 are not refundable.
2. Any communication between the Board and the Interstate Medical Licensure Compact Commission created by NRS 629A.100 relating to verification of a physicians eligibility for expedited licensure pursuant to that section must not include any information received in a report from the Federal Bureau of Investigation relating to a state and federal criminal records check performed for the purposes of an application for an expedited license issued pursuant to NRS 629A.100.
Sec. 28. NRS 630.197 is hereby amended to read as follows:
630.197 1. In addition to any other requirements set forth in this chapter:
(a) An applicant for the issuance of a license to practice medicine, to practice as a perfusionist, to practice as a physician assistant , to practice as an anesthesiologist assistant or to practice as a practitioner of respiratory care shall include the social security number of the applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of a license to practice medicine, to practice as a perfusionist, to practice as a physician assistant , to practice as an anesthesiologist assistant or to practice as a practitioner of respiratory care shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
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2. The Board shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license to practice medicine, to practice as a perfusionist, to practice as a physician assistant , to practice as an anesthesiologist assistant or to practice as a practitioner of respiratory care may not be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 29. NRS 630.198 is hereby amended to read as follows:
630.198 1. The Board shall not issue or renew a license to practice as a physician, physician assistant , anesthesiologist assistant or perfusionist unless the applicant for issuance or renewal of the license attests to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.
2. In addition to the attestation provided pursuant to subsection 1, a physician shall attest that any person:
(a) Who is under the control and supervision of the physician;
(b) Who is not licensed pursuant to this chapter; and
(c) Whose duties involve injection practices,
Κ has knowledge of and is in compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.
Sec. 30. NRS 630.253 is hereby amended to read as follows:
630.253 1. The Board shall, as a prerequisite for the:
(a) Renewal of a license as a physician assistant; [or]
(b) Renewal of a license as an anesthesiologist assistant; or
(c) Biennial registration of the holder of a license to practice medicine,
Κ require each holder to submit evidence of compliance with the requirements for continuing education as set forth in regulations adopted by the Board.
2. These requirements:
(a) May provide for the completion of one or more courses of instruction relating to risk management in the performance of medical services.
(b) Must provide for the completion of a course of instruction, within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.
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terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:
(1) An overview of acts of terrorism and weapons of mass destruction;
(2) Personal protective equipment required for acts of terrorism;
(3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;
(4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and
(5) An overview of the information available on, and the use of, the Health Alert Network.
(c) Must provide for the completion by a holder of a license to practice medicine of a course of instruction within 2 years after initial licensure that provides at least 2 hours of instruction on evidence-based suicide prevention and awareness as described in subsection 6.
(d) Must provide for the completion of at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder within 2 years after initial licensure.
(e) Must provide for the biennial completion by each psychiatrist and each physician assistant practicing under the supervision of a psychiatrist of one or more courses of instruction that provide at least 2 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:
(1) May include the training provided pursuant to NRS 449.103, where applicable.
(2) Must be based upon a range of research from diverse sources.
(3) Must address persons of different cultural backgrounds, including, without limitation:
(I) Persons from various gender, racial and ethnic backgrounds;
(II) Persons from various religious backgrounds;
(III) Lesbian, gay, bisexual, transgender and questioning persons;
(IV) Children and senior citizens;
(V) Veterans;
(VI) Persons with a mental illness;
(VII) Persons with an intellectual disability, developmental disability or physical disability; and
(VIII) Persons who are part of any other population that a psychiatrist or a physician assistant practicing under the supervision of a psychiatrist may need to better understand, as determined by the Board.
(f) Must allow the holder of a license to receive credit toward the total amount of continuing education required by the Board for the completion of a course of instruction relating to genetic counseling and genetic testing.
3. The Board may determine whether to include in a program of continuing education courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction in addition to the course of instruction required by paragraph (b) of subsection 2.
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4. The Board shall encourage each holder of a license who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:
(a) The skills and knowledge that the licensee needs to address aging issues;
(b) Approaches to providing health care to older persons, including both didactic and clinical approaches;
(c) The biological, behavioral, social and emotional aspects of the aging process; and
(d) The importance of maintenance of function and independence for older persons.
5. The Board shall encourage each holder of a license to practice medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.
6. The Board shall require each holder of a license to practice medicine to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness, which may include, without limitation, instruction concerning:
(a) The skills and knowledge that the licensee needs to detect behaviors that may lead to suicide, including, without limitation, post-traumatic stress disorder;
(b) Approaches to engaging other professionals in suicide intervention; and
(c) The detection of suicidal thoughts and ideations and the prevention of suicide.
7. The Board shall encourage each holder of a license to practice medicine or as a physician assistant to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:
(a) Recognizing the symptoms of pediatric cancer; and
(b) Interpreting family history to determine whether such symptoms indicate a normal childhood illness or a condition that requires additional examination.
8. A holder of a license to practice medicine may not substitute the continuing education credits relating to suicide prevention and awareness required by this section for the purposes of satisfying an equivalent requirement for continuing education in ethics.
9. Except as otherwise provided in NRS 630.2535, a holder of a license to practice medicine may substitute not more than 2 hours of continuing education credits in pain management, care for persons with an addictive disorder or the screening, brief intervention and referral to treatment approach to substance use disorder for the purposes of satisfying an equivalent requirement for continuing education in ethics.
10. As used in this section:
(a) Act of terrorism has the meaning ascribed to it in NRS 202.4415.
(b) Biological agent has the meaning ascribed to it in NRS 202.442.
(c) Chemical agent has the meaning ascribed to it in NRS 202.4425.
(d) Radioactive agent has the meaning ascribed to it in NRS 202.4437.
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(e) Weapon of mass destruction has the meaning ascribed to it in NRS 202.4445.
Sec. 31. NRS 630.268 is hereby amended to read as follows:
630.268 1. The Board shall charge and collect not more than the following fees:
For application for and issuance of a license to practice as a physician, including a license by endorsement $600
For application for and issuance of a temporary, locum tenens, limited, restricted, authorized facility, special, special purpose or special event license......................................... 400
For renewal of a limited, restricted, authorized facility or special license 400
For application for and issuance of a license as a physician assistant, including a license by endorsement 400
For application for and issuance of a simultaneous license as a physician assistant 200
For biennial registration of a physician assistant................................ 800
For biennial simultaneous registration of a physician assistant....... 400
For biennial registration of a physician................................................ 800
For application for and issuance of a license as a perfusionist or practitioner of respiratory care 400
For biennial renewal of a license as a perfusionist............................. 600
For application for and issuance of a license or temporary license to practice as an anesthesiologist assistant............................................................................................................... 400
For application for and initial issuance of a simultaneous license as an anesthesiologist assistant 200
For biennial registration of an anesthesiologist assistant.............. 800
For biennial simultaneous registration of an anesthesiologist assistant 400
For biennial registration of a practitioner of respiratory care........... 600
For biennial registration for a physician who is on inactive status.. 400
For written verification of licensure........................................................ 50
For a duplicate identification card........................................................... 25
For a duplicate license............................................................................... 50
For computer printouts or labels............................................................ 500
For verification of a listing of physicians, per hour.............................. 20
For furnishing a list of new physicians................................................. 100
2. Except as otherwise provided in subsections 4 and 5, in addition to the fees prescribed in subsection 1, the Board shall charge and collect necessary and reasonable fees for the expedited processing of a request or for any other incidental service the Board provides.
3. The cost of any special meeting called at the request of a licensee, an institution, an organization, a state agency or an applicant for licensure must be paid for by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting it has paid a cash deposit with the Board sufficient to defray all expenses of the meeting.
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special meeting must not be called until the person or entity requesting it has paid a cash deposit with the Board sufficient to defray all expenses of the meeting.
4. If an applicant submits an application for a license by endorsement pursuant to:
(a) NRS 630.1607, and the applicant is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license. As used in this paragraph, veteran has the meaning ascribed to it in NRS 417.005.
(b) NRS 630.2752, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license.
5. If an applicant submits an application for a license by endorsement pursuant to NRS 630.1606 or 630.2751, as applicable, the Board shall charge and collect not more than the fee specified in subsection 1 for the application for and initial issuance of a license.
Sec. 32. NRS 630.307 is hereby amended to read as follows:
630.307 1. Except as otherwise provided in subsection 2, any person may file with the Board a complaint against a physician, perfusionist, physician assistant , anesthesiologist assistant or practitioner of respiratory care on a form provided by the Board. The form may be submitted in writing or electronically. If a complaint is submitted anonymously, the Board may accept the complaint but may refuse to consider the complaint if the lack of the identity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.
2. Any licensee, medical school or medical facility that becomes aware that a person practicing medicine, perfusion or respiratory care in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the Board within 30 days after becoming aware of the conduct.
3. Except as otherwise provided in subsection 4, any hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board any change in the privileges of a physician, perfusionist, physician assistant , anesthesiologist assistant or practitioner of respiratory care to practice while the physician, perfusionist, physician assistant , anesthesiologist assistant or practitioner of respiratory care is under investigation and the outcome of any disciplinary action taken by that facility or society against the physician, perfusionist, physician assistant , anesthesiologist assistant or practitioner of respiratory care concerning the care of a patient or the competency of the physician, perfusionist, physician assistant , anesthesiologist assistant or practitioner of respiratory care within 30 days after the change in privileges is made or disciplinary action is taken.
4. A hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board within 5 days after a change in the privileges of a physician, perfusionist, physician assistant , anesthesiologist assistant or practitioner of respiratory care to practice that is based on:
(a) An investigation of the mental, medical or psychological competency of the physician, perfusionist, physician assistant , anesthesiologist assistant or practitioner of respiratory care; or
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(b) Suspected or alleged substance abuse in any form by the physician, perfusionist, physician assistant , anesthesiologist assistant or practitioner of respiratory care.
5. The Board shall report any failure to comply with subsection 3 or 4 by a hospital, clinic or other medical facility licensed in this State to the Division of Public and Behavioral Health of the Department of Health and Human Services. If, after a hearing, the Division of Public and Behavioral Health determines that any such facility or society failed to comply with the requirements of subsection 3 or 4, the Division may impose an administrative fine of not more than $10,000 against the facility or society for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.
6. The clerk of every court shall report to the Board any finding, judgment or other determination of the court that a physician, perfusionist, physician assistant , anesthesiologist assistant or practitioner of respiratory care:
(a) Is mentally ill;
(b) Is mentally incompetent;
(c) Has been convicted of a felony or any law governing controlled substances or dangerous drugs;
(d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or
(e) Is liable for damages for malpractice or negligence,
Κ within 45 days after such a finding, judgment or determination is made.
7. The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.
Sec. 33. NRS 630.309 is hereby amended to read as follows:
630.309 To institute a disciplinary action against a perfusionist, physician assistant , anesthesiologist assistant or practitioner of respiratory care, a written complaint, specifying the charges, must be filed with the Board by:
1. The Board or a committee designated by the Board to investigate a complaint;
2. Any member of the Board; or
3. Any other person who is aware of any act or circumstance constituting a ground for disciplinary action set forth in the regulations adopted by the Board.
Sec. 34. NRS 630.326 is hereby amended to read as follows:
630.326 1. If an investigation by the Board regarding a physician, perfusionist, physician assistant , anesthesiologist assistant or practitioner of respiratory care reasonably determines that the health, safety or welfare of the public or any patient served by the licensee is at risk of imminent or continued harm, the Board may summarily suspend the license of the licensee pending the conclusion of a hearing to consider a formal complaint against the licensee. The order of summary suspension may be issued only by the Board or an investigative committee of the Board.
2. If the Board or an investigative committee of the Board issues an order summarily suspending the license of a physician, perfusionist, physician assistant , anesthesiologist assistant or practitioner of respiratory care pursuant to subsection 1, the Board shall hold a hearing not later than 60 days after the date on which the order is issued, unless the Board and the licensee mutually agree to a longer period, to determine whether a reasonable basis exists to continue the suspension of the license pending the conclusion of a hearing to consider a formal complaint against the licensee.
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days after the date on which the order is issued, unless the Board and the licensee mutually agree to a longer period, to determine whether a reasonable basis exists to continue the suspension of the license pending the conclusion of a hearing to consider a formal complaint against the licensee. If no formal complaint against the licensee is pending before the Board on the date on which a hearing is held pursuant to this section, the Board shall reinstate the license of the licensee.
3. If the Board or an investigative committee of the Board issues an order summarily suspending the license of a licensee pursuant to subsection 1 and the Board requires the licensee to submit to a mental or physical examination or an examination testing his or her competence to practice, the examination must be conducted and the results obtained not later than 30 days after the order is issued.
Sec. 35. NRS 630.329 is hereby amended to read as follows:
630.329 If the Board issues an order suspending the license of a physician, perfusionist, physician assistant , anesthesiologist assistant or practitioner of respiratory care pending proceedings for disciplinary action, including, without limitation, a summary suspension pursuant to NRS 233B.127, the court shall not stay that order.
Sec. 36. NRS 630.336 is hereby amended to read as follows:
630.336 1. Any deliberations conducted or vote taken by the Board or any investigative committee of the Board regarding its ordering of a physician, perfusionist, physician assistant , anesthesiologist assistant or practitioner of respiratory care to undergo a physical or mental examination or any other examination designated to assist the Board or committee in determining the fitness of a physician, perfusionist, physician assistant , anesthesiologist assistant or practitioner of respiratory care are not subject to the requirements of NRS 241.020.
2. Except as otherwise provided in subsection 3 or 4, all applications for a license to practice medicine, perfusion or respiratory care, any charges filed by the Board, financial records of the Board, formal hearings on any charges heard by the Board or a panel selected by the Board, records of such hearings and any order or decision of the Board or panel must be open to the public.
3. Except as otherwise provided in NRS 239.0115, the following may be kept confidential:
(a) Any statement, evidence, credential or other proof submitted in support of or to verify the contents of an application;
(b) Any report concerning the fitness of any person to receive or hold a license to practice medicine, perfusion or respiratory care; and
(c) Any communication between:
(1) The Board and any of its committees or panels; and
(2) The Board or its staff, investigators, experts, committees, panels, hearing officers, advisory members or consultants and counsel for the Board.
4. Except as otherwise provided in subsection 5 and NRS 239.0115, a complaint filed with the Board pursuant to NRS 630.307, 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 are confidential.
5. The formal complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.
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6. The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or agency or any agency which is investigating a person, including a law enforcement agency. Such cooperation may include, without limitation, providing the board or agency with minutes of a closed meeting, transcripts of oral examinations and the results of oral examinations.
Sec. 37. NRS 630.366 is hereby amended to read as follows:
630.366 1. If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice medicine, to practice as a perfusionist, to practice as a physician assistant , to practice as an anesthesiologist assistant or to practice as a practitioner of respiratory care, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Board shall reinstate a license to practice medicine, to practice as a perfusionist, to practice as a physician assistant , to practice as an anesthesiologist assistant or to practice as a practitioner of respiratory care that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 38. NRS 630.388 is hereby amended to read as follows:
630.388 1. In addition to any other remedy provided by law, the Board, through its President or Secretary-Treasurer or the Attorney General, may apply to any court of competent jurisdiction:
(a) To enjoin any prohibited act or other conduct of a licensee which is harmful to the public;
(b) To enjoin any person who is not licensed under this chapter from practicing medicine, perfusion or respiratory care;
(c) To limit the practice of a physician, perfusionist, physician assistant , anesthesiologist assistant or practitioner of respiratory care, or suspend his or her license to practice;
(d) To enjoin the use of the title P.A., P.A.-C, C.A.A., R.C.P. or any other word, combination of letters or other designation intended to imply or designate a person as a physician assistant , anesthesiologist assistant or practitioner of respiratory care, when not licensed by the Board pursuant to this chapter, unless the use is otherwise authorized by a specific statute; or
(e) To enjoin the use of the title L.P., T.L.P., licensed perfusionist, temporarily licensed perfusionist or any other word, combination of letters or other designation intended to imply or designate a person as a perfusionist, when not licensed by the Board pursuant to this chapter, unless the use is otherwise authorized by a specific statute.
2. The court in a proper case may issue a temporary restraining order or a preliminary injunction for the purposes set forth in subsection 1:
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(a) Without proof of actual damage sustained by any person;
(b) Without relieving any person from criminal prosecution for engaging in the practice of medicine, perfusion or respiratory care without a license; and
(c) Pending proceedings for disciplinary action by the Board.
Sec. 39. NRS 630.400 is hereby amended to read as follows:
630.400 1. It is unlawful for any person to:
(a) Present to the Board as his or her own the diploma, license or credentials of another;
(b) Give either false or forged evidence of any kind to the Board;
(c) Practice medicine, perfusion or respiratory care under a false or assumed name or falsely personate another licensee;
(d) Except as otherwise provided by a specific statute, practice medicine, perfusion or respiratory care without being licensed under this chapter;
(e) Hold himself or herself out as a perfusionist or use any other term indicating or implying that he or she is a perfusionist without being licensed by the Board;
(f) Hold himself or herself out as a physician assistant or use any other term indicating or implying that he or she is a physician assistant without being licensed by the Board; [or]
(g) Hold himself or herself out as an anesthesiologist assistant or use any other term indicating or implying that he or she is an anesthesiologist assistant without being licensed by the Board; or
(h) Hold himself or herself out as a practitioner of respiratory care or use any other term indicating or implying that he or she is a practitioner of respiratory care without being licensed by the Board.
2. Unless a greater penalty is provided pursuant to NRS 200.830 or 200.840, a person who violates any provision of subsection 1:
(a) If no substantial bodily harm results, is guilty of a category D felony; or
(b) If substantial bodily harm results, is guilty of a category C felony,
Κ and shall be punished as provided in NRS 193.130.
3. In addition to any other penalty prescribed by law, if the Board determines that a person has committed any act described in subsection 1, the Board may:
(a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.
(b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.
(c) Assess against the person an administrative fine of not more than $5,000.
(d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).
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Sec. 40. NRS 632.472 is hereby amended to read as follows:
632.472 1. The following persons shall report in writing to the Executive Director of the Board any conduct of a licensee or holder of a certificate which constitutes a violation of the provisions of this chapter:
(a) Any physician, dentist, dental hygienist, chiropractic physician, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, nursing assistant, medication aide - certified, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, anesthesiologist assistant, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, alcohol or drug counselor, peer recovery support specialist, peer recovery support specialist supervisor, music therapist, holder of a license or limited license issued pursuant to chapter 653 of NRS, driver of an ambulance, paramedic or other person providing medical services licensed or certified to practice in this State.
(b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.
(c) A coroner.
(d) Any person who maintains or is employed by an agency to provide personal care services in the home.
(e) Any person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.
(f) Any person who maintains or is employed by an agency to provide nursing in the home.
(g) Any employee of the Department of Health and Human Services.
(h) Any employee of a law enforcement agency or a countys office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.
(k) Any social worker.
(l) Any person who operates or is employed by a community health worker pool or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.
2. Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant or medication aide - certified has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility. The superintendent, manager or other person in charge shall make a report as required in subsection 1.
3. A report may be filed by any other person.
4. Any person who in good faith reports any violation of the provisions of this chapter to the Executive Director of the Board pursuant to this section is immune from civil liability for reporting the violation.
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5. As used in this section:
(a) Agency to provide personal care services in the home has the meaning ascribed to it in NRS 449.0021.
(b) Community health worker pool has the meaning ascribed to it in NRS 449.0028.
(c) Peer recovery support specialist has the meaning ascribed to it in NRS 433.627.
(d) Peer recovery support specialist supervisor has the meaning ascribed to it in NRS 433.629.
Sec. 41. Chapter 633 of NRS is hereby amended by adding thereto the provisions set forth as sections 42 to 57, inclusive, of this act.
Sec. 42. Anesthesiologist assistant means a person who has been issued a license by the Board pursuant to section 47 or 48 of this act, as applicable, and is approved by the Board to assist in the practice of medicine under the supervision of a supervising osteopathic anesthesiologist.
Sec. 43. Assist in the practice of medicine means an anesthesiologist assistant personally performs the duties assigned to the anesthesiologist assistant by and under the supervision of a supervising osteopathic anesthesiologist.
Sec. 44. Certification examination means the initial certifying examination approved by the Board for the certification of anesthesiologist assistants, including, without limitation, the examination administered by the National Commission for Certification of Anesthesiologist Assistants, its successor organization or other nationally recognized organization for the certification of anesthesiologist assistants that has been reviewed and approved by the Board.
Sec. 45. Supervising osteopathic anesthesiologist means an active osteopathic physician who is licensed and in good standing in this State, is certified or eligible to be certified as an anesthesiologist by the American Board of Anesthesiology or its successor organization and supervises one or more anesthesiologist assistants.
Sec. 46. 1. An anesthesiologist assistant licensed under the provisions of this chapter may assist in the practice of medicine in accordance with the regulations adopted by the Board pursuant to section 49 of this act and under the supervision of a supervising osteopathic anesthesiologist.
2. An anesthesiologist assistant may perform the following duties and responsibilities as delegated by and under the supervision of a supervising osteopathic anesthesiologist, including, without limitation:
(a) Developing and implementing an anesthesia care plan for a patient;
(b) Obtaining the comprehensive health history of a patient, performing relevant elements of a physical examination of a patient and recording relevant data;
(c) Ordering and performing preoperative and postoperative anesthetic patient evaluations and consultations and maintaining progress notes;
(d) Subject to the limitations for NRS 453.375, possessing and administering preoperative and perioperative medications, including, without limitation, controlled substances, administering anesthetic agents, related pharmaceutical agents, fluid and blood products and adjunctive treatment, for purposes of:
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(1) Maintaining and altering the levels of anesthesia and providing continuity of anesthetic care into and during the postoperative recovery period;
(2) The continuation of perioperative medications;
(3) Performing general anesthesia, including, without limitation, induction, maintenance, emergence and other procedures associated with general anesthesia;
(4) Administering vasoactive drugs and starting and titrating vasoactive infusions to treat a response of a patient to anesthesia; and
(5) Administering postoperative sedation, anxiolysis or analgesia medication to treat patient responses to anesthesia;
(e) Entering in the medical record of a patient verbal or written medication chart orders prescribed by the supervising osteopathic anesthesiologist;
(f) Changing or discontinuing an anesthesia care plan after consulting with the supervising osteopathic anesthesiologist;
(g) Obtaining informed consent from a patient or the parent or guardian of the patient, as applicable, for the administration of anesthesia or related procedures;
(h) Pretesting and calibrating anesthesia delivery systems and obtaining information from such systems and from monitors;
(i) Implementing medically accepted monitoring techniques;
(j) Establishing airway interventions and performing ventilatory support, including, without limitation, endotracheal intubation, laryngeal mask insertion and other advanced airway techniques;
(k) Establishing peripheral intravenous lines, including, without limitation, the use of subcutaneous lidocaine, and performing invasive procedures, including, without limitation, the placement of arterial lines, central lines and Swan-Ganz catheters;
(l) Performing, maintaining, evaluating and managing epidural, spinal and regional anesthesia including, without limitation, catheters;
(m) Performing monitored anesthesia care;
(n) Conducting laboratory and other related studies, including, without limitation, taking blood samples and administering blood, blood products and supportive fluids;
(o) Performing, ordering and interpreting preoperative, point-of-care, intraoperative or postoperative diagnostic testing or procedures;
(p) Monitoring the patient while in the preoperative suite, recovery area or labor suites and making postanesthesia rounds;
(q) Participating in administrative, research and clinical teaching activities, including, without limitation, supervising student anesthesiologist assistants and students involved in anesthesia training;
(r) Initiating and managing cardiopulmonary resuscitation in response to a life-threatening situation; and
(s) Performing such other tasks that are not otherwise prohibited by law and in which the anesthesiologist assistant has been trained and is competent.
3. An anesthesiologist assistant shall not prescribe any controlled substance or any dangerous drug, as defined in NRS 454.201.
4. An anesthesiologist assistant may not perform any duties which are outside the scope of the duties assigned to the anesthesiologist assistant by the supervising osteopathic anesthesiologist or delegate any medical care task assigned to the anesthesiologist assistant by the supervising osteopathic anesthesiologist to any other person.
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task assigned to the anesthesiologist assistant by the supervising osteopathic anesthesiologist to any other person.
Sec. 47. 1. The Board may issue a license to practice as an anesthesiologist assistant to an applicant who:
(a) Graduated from an anesthesiologist assistant program accredited by the Commission Accreditation of Allied Health Education Programs or its predecessor or successor organization;
(b) Has passed a certification examination administered by the National Commission for Certification of Anesthesiologist Assistants, its successor organization or other nationally recognized for the certification of anesthesiologist assistants that has been reviewed and approved by the Board;
(c) Is certified by the National Commission for Certification of Anesthesiologist Assistants, its successor organization or other nationally recognized organization for the certification of anesthesiologist assistant that has been reviewed and approved by the Board;
(d) Submits an application for a license as an anesthesiologist assistant in accordance with the regulations adopted by the Board pursuant to section 49 of this act;
(e) Pays the application fee for the application for and issuance of a license as an anesthesiologist assistant required by NRS 633.501; and
(f) Meets the qualifications prescribed by the regulations adopted by the Board pursuant to section 49 of this act to assist in the practice of medicine under the supervision of a supervising osteopathic anesthesiologist.
2. An applicant for a license to practice as an anesthesiologist assistant submitted pursuant to this section must include, without limitation, all the information required by the Board to complete the application.
3. A license issued by the Board pursuant to subsection 1 is valid for a period of 2 years and may be renewed in a manner consistent with the regulations adopted by the Board pursuant to section 49 of this act.
Sec. 48. 1. The Board may issue a temporary license to practice as an anesthesiologist assistant to an applicant who:
(a) Graduated from an anesthesiologist assistant program accredited by the Commission on Accreditation of Allied Health Education Programs or its predecessor or successor organization or another program for educating and training anesthesiologist assistants but who has not yet passed the certification examination required by paragraph (b) of subsection 1 of section 47 of this act;
(b) Submits an application for temporary licensure; and
(c) Pays the application fee required by NRS 633.501.
2. An applicant for a temporary license to practice as an anesthesiologist assistant submitted pursuant to this section must include all the information required by the Board to complete the application.
3. An applicant issued a temporary license to practice as an anesthesiologist assistant pursuant to subsection 1 must take the next available certification examination required by paragraph (b) of subsection 1 of section 47 of this act after receiving a temporary license.
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4. A temporary license to practice as an anesthesiologist assistant issued pursuant to subsection 1 is valid for a period of 1 year and is subject to any requirements established by the Board pursuant to section 47 of this act.
Sec. 49. The Board shall adopt regulations establishing the requirements for the issuance of a license to practice as an anesthesiologist assistant pursuant to section 47 of this act and a temporary license to practice as an anesthesiologist assistant pursuant to section 48 of this act, including, without limitation:
1. The required qualifications of an applicant for such a license or temporary license;
2. The academic or educational certificates, credentials or programs of study required of an applicant for such a license or temporary licenses;
3. The procedures for submitting an application for a license or temporary license;
4. The standards of review for applicants submitted pursuant to sections 47 and 48 of this act and procedures for the issuance of such licenses;
5. The testing or examination of applicants by the Board;
6. The renewal, revocation, suspension and termination of licenses;
7. The regulation and discipline of anesthesiologist assistants, including, without limitation, the reporting of complaints, conducting investigations of alleged misconduct and disciplinary proceedings;
8. The requirements for the supervision of an anesthesiologist assistant by a supervising osteopathic anesthesiologist; and
9. Consistent with the provisions of section 46 of this act, the duties which an anesthesiologist assistant may perform under the supervision of a supervising osteopathic anesthesiologist.
Sec. 50. An anesthesiologist assistant licensed pursuant to section 47 or 48 of this act shall identify himself or herself as an anesthesiologist assistant when engaged in professional duties.
Sec. 51. 1. An anesthesiologist assistant licensed pursuant to section 47 or 48 of this act who is responding to a need for medical care created by an emergency or disaster, as declared by a governmental agency, may render emergency care that is directly related to the emergency or disaster without the supervision of a supervising osteopathic anesthesiologist as required by this chapter. The provisions of this subsection apply only for the duration of the emergency or disaster.
2. A supervising osteopathic anesthesiologist who supervises an anesthesiologist assistant who is rendering emergency care that is directly related to an emergency or disaster, as described in subsection 1, is not required to meet the requirements set forth in this chapter for such supervision.
Sec. 52. 1. A supervising osteopathic anesthesiologist shall be immediately available in such proximity to an anesthesiologist assistant during the performance of his or her duties that the supervising osteopathic anesthesiologist is able to effectively reestablish direct contact with the patient to meet the medical needs of the patient and intervene to address any urgent or emergent clinical problems.
2. A supervising osteopathic anesthesiologist shall supervise an anesthesiologist assistant in a manner consistent with any applicable federal rule or regulation for reimbursement for anesthesia services.
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Sec. 53. 1. Each medical facility in this State employing an anesthesiologist assistant shall submit to the Board a list of such personnel at least three times annually, as directed by the Board. Except as otherwise provided in NRS 239.0115, each list submitted to the Board pursuant to this subsection is confidential.
2. A medical facility shall, before hiring an anesthesiologist assistant, obtain validation from the Board that the prospective employee is licensed pursuant to the provisions of section 47 or 48 of this act, as applicable.
Sec. 54. A person applying for a license to practice as an anesthesiologist assistant pursuant to the provisions of this chapter who wishes to hold a simultaneous license to practice as an anesthesiologist assistant pursuant to the provisions of chapter 630 of NRS must:
1. Indicate in the application that he or she wishes to hold a simultaneous license as an anesthesiologist assistant pursuant to the provisions of chapter 630 of NRS;
2. Apply for a license to practice as an anesthesiologist assistant to:
(a) The Board pursuant to this chapter; and
(b) The State Board of Medical Examiners pursuant to chapter 630 of NRS; and
3. Pay all applicable fees, including, without limitation:
(a) The application and initial simultaneous license fee for an anesthesiologist assistant pursuant to NRS 633.501; and
(b) The fee for application for and issuance of a simultaneous license as an anesthesiologist assistant pursuant to NRS 630.268.
Sec. 55. A person applying to renew an anesthesiologist assistant license pursuant to the provisions of this chapter who wishes to hold a simultaneous anesthesiologist assistant license pursuant to the provisions of chapter 630 of NRS must:
1. Indicate in the application that he or she wishes to hold a simultaneous license as an anesthesiologist assistant pursuant to the provisions of chapter 630 of NRS;
2. Apply:
(a) To renew an anesthesiologist assistant license to the Board pursuant to this chapter; and
(b) For an anesthesiologist assistant license to the Board of Medical Examiners pursuant to chapter 630 of NRS; and
3. Pay all applicable fees, including, without limitation:
(a) The fee for initial simultaneous license as an anesthesiologist assistant pursuant to NRS 633.501; and
(b) The application and initial simultaneous license fee for an anesthesiologist assistant pursuant to NRS 630.268.
Sec. 56. If a person licensed as an anesthesiologist assistant pursuant to the provisions of this chapter is not applying to renew his or her license and wishes to hold a simultaneous license as an anesthesiologist assistant pursuant to the provisions of chapter 630 of NRS, the person must:
1. Apply for an anesthesiologist assistant license to the Board of Medical Examiners pursuant to chapter 630 of NRS; and
2. Pay all applicable fees, including, without limitation:
(a) The fee for biennial simultaneous registration of an anesthesiologist assistant pursuant to NRS 633.501; and
(b) The application and initial simultaneous license fee for an anesthesiologist assistant pursuant to NRS 630.268.
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Sec. 57. On or before the last day of each quarter, the Board shall provide the Board of Medical Examiners a list of all anesthesiologist assistants licensed by the Board.
Sec. 58. NRS 633.011 is hereby amended to read as follows:
633.011 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 633.021 to 633.131, inclusive, and sections 42 to 45, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 59. NRS 633.071 is hereby amended to read as follows:
633.071 Malpractice means failure on the part of an osteopathic physician , [or] physician assistant or anesthesiologist assistant to exercise the degree of care, diligence and skill ordinarily exercised by osteopathic physicians , [or] physician assistants or anesthesiologist assistants in good standing in the community in which he or she practices.
Sec. 60. NRS 633.131 is hereby amended to read as follows:
633.131 1. Unprofessional conduct includes:
(a) Knowingly or willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice osteopathic medicine , [or] to practice as a physician assistant or to practice as an anesthesiologist assistant, or in applying for the renewal of a license to practice osteopathic medicine , [or] to practice as a physician assistant or to practice as an anesthesiologist assistant.
(b) Failure of a person who is licensed to practice osteopathic medicine to identify himself or herself professionally by using the term D.O., osteopathic physician, doctor of osteopathy or a similar term.
(c) Directly or indirectly giving to or receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with an osteopathic physician in his or her professional capacity or for any professional services not actually and personally rendered, except as otherwise provided in subsection 2.
(d) Employing, directly or indirectly, any suspended or unlicensed person in the practice of osteopathic medicine or in practice as a physician assistant or anesthesiologist assistant, or the aiding or abetting of any unlicensed person to practice osteopathic medicine or to practice as a physician assistant or anesthesiologist assistant.
(e) Advertising the practice of osteopathic medicine in a manner which does not conform to the guidelines established by regulations of the Board.
(f) Engaging in any:
(1) Professional conduct which is intended to deceive or which the Board by regulation has determined is unethical; or
(2) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.
(g) Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, otherwise than in the course of legitimate professional practice or as authorized by law.
(h) An alcohol or other substance use disorder.
(i) Performing, assisting in or advising an unlawful abortion or the injection of any liquid silicone substance into the human body, other than the use of silicone oil to repair a retinal detachment.
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(j) Knowingly or willfully disclosing a communication privileged pursuant to a statute or court order.
(k) Knowingly or willfully disobeying regulations of the State Board of Health, the State Board of Pharmacy or the State Board of Osteopathic Medicine.
(l) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any prohibition made in this chapter.
(m) Failure of a licensee to maintain timely, legible, accurate and complete medical records relating to the diagnosis, treatment and care of a patient.
(n) Making alterations to the medical records of a patient that the licensee knows to be false.
(o) Making or filing a report which the licensee knows to be false.
(p) Failure of a licensee to file a record or report as required by law, or knowingly or willfully obstructing or inducing any person to obstruct such filing.
(q) Failure of a licensee to make medical records of a patient available for inspection and copying as provided by NRS 629.061, if the licensee is the custodian of health care records with respect to those records.
(r) Providing false, misleading or deceptive information to the Board in connection with an investigation conducted by the Board.
2. It is not unprofessional conduct:
(a) For persons holding valid licenses to practice osteopathic medicine issued pursuant to this chapter to practice osteopathic medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or to pool, share, divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association;
(b) For two or more persons holding valid licenses to practice osteopathic medicine issued pursuant to this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee if the patient has full knowledge of this division and if the division is made in proportion to the services performed and the responsibility assumed by each person; or
(c) For a person licensed to practice osteopathic medicine pursuant to the provisions of this chapter to form an association or other business relationship with an optometrist pursuant to the provisions of NRS 636.373.
3. As used in this section, custodian of health care records has the meaning ascribed to it in NRS 629.016.
Sec. 61. NRS 633.151 is hereby amended to read as follows:
633.151 The purpose of licensing osteopathic physicians , [and] physician assistants and anesthesiologist assistants is to protect the public health and safety and the general welfare of the people of this State. Any license issued pursuant to this chapter is a revocable privilege, and a holder of such a license does not acquire thereby any vested right.
Sec. 62. NRS 633.286 is hereby amended to read as follows:
633.286 1. On or before February 15 of each odd-numbered year, the Board shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling:
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(a) Disciplinary action taken by the Board during the previous biennium against osteopathic physicians , [and] physician assistants and anesthesiologist assistants for malpractice or negligence;
(b) Information reported to the Board during the previous biennium pursuant to NRS 633.526, 633.527, subsections 3 and 6 of NRS 633.533 and NRS 690B.250; and
(c) Information reported to the Board during the previous biennium pursuant to NRS 633.524, including, without limitation, the number and types of surgeries performed by each holder of a license to practice osteopathic medicine and the occurrence of sentinel events arising from such surgeries, if any.
2. The report must include only aggregate information for statistical purposes and exclude any identifying information related to a particular person.
Sec. 63. NRS 633.301 is hereby amended to read as follows:
633.301 1. The Board shall keep a record of its proceedings relating to licensing and disciplinary actions. Except as otherwise provided in this section, the record must be open to public inspection at all reasonable times and contain the name, known place of business and residence, and the date and number of the license of every osteopathic physician , [and every] physician assistant and anesthesiologist assistant licensed under this chapter.
2. 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.
3. The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.
4. 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. 64. NRS 633.3619 is hereby amended to read as follows:
633.3619 The Board shall not issue or renew a license to practice osteopathic medicine or as a physician assistant or anesthesiologist assistant unless the applicant for issuance or renewal of the license attests to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.
Sec. 65. NRS 633.471 is hereby amended to read as follows:
633.471 1. Except as otherwise provided in subsection 14 and NRS 633.491, every holder of a license, except a physician assistant or an anesthesiologist assistant, issued under this chapter, except a temporary or a special license, may renew the license on or before January 1 of each calendar year after its issuance by:
(a) Applying for renewal on forms provided by the Board;
(b) Paying the annual license renewal fee specified in this chapter;
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(c) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against the holder during the previous year;
(d) Subject to subsection 13, submitting evidence to the Board that in the year preceding the application for renewal the holder has attended courses or programs of continuing education approved by the Board in accordance with regulations adopted by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association; and
(e) Submitting all information required to complete the renewal.
2. The Secretary of the Board shall notify each licensee of the requirements for renewal not less than 30 days before the date of renewal.
3. The Board shall request submission of verified evidence of completion of the required number of hours of continuing medical education annually from no fewer than one-third of the applicants for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant [.] or anesthesiologist assistant. Subject to subsection 13, upon a request from the Board, an applicant for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant or anesthesiologist assistant shall submit verified evidence satisfactory to the Board that in the year preceding the application for renewal the applicant attended courses or programs of continuing medical education approved by the Board totaling the number of hours established by the Board.
4. The Board shall require each holder of a license to practice osteopathic medicine to complete a course of instruction within 2 years after initial licensure that provides at least 2 hours of instruction on evidence-based suicide prevention and awareness as described in subsection 9.
5. The Board shall encourage each holder of a license to practice osteopathic medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.
6. The Board shall encourage each holder of a license to practice osteopathic medicine or as a physician assistant to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:
(a) Recognizing the symptoms of pediatric cancer; and
(b) Interpreting family history to determine whether such symptoms indicate a normal childhood illness or a condition that requires additional examination.
7. The Board shall require, as part of the continuing education requirements approved by the Board, the biennial completion by a holder of a license to practice osteopathic medicine of at least 2 hours of continuing education credits in ethics, pain management, care of persons with addictive disorders or the screening, brief intervention and referral to treatment approach to substance use disorder.
8. The continuing education requirements approved by the Board must allow the holder of a license as an osteopathic physician , [or] physician assistant or anesthesiologist assistant to receive credit toward the total amount of continuing education required by the Board for the completion of a course of instruction relating to genetic counseling and genetic testing.
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amount of continuing education required by the Board for the completion of a course of instruction relating to genetic counseling and genetic testing.
9. The Board shall require each holder of a license to practice osteopathic medicine to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness which may include, without limitation, instruction concerning:
(a) The skills and knowledge that the licensee needs to detect behaviors that may lead to suicide, including, without limitation, post-traumatic stress disorder;
(b) Approaches to engaging other professionals in suicide intervention; and
(c) The detection of suicidal thoughts and ideations and the prevention of suicide.
10. A holder of a license to practice osteopathic medicine may not substitute the continuing education credits relating to suicide prevention and awareness required by this section for the purposes of satisfying an equivalent requirement for continuing education in ethics.
11. The Board shall require each holder of a license to practice osteopathic medicine to complete at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder within 2 years after initial licensure.
12. The Board shall require each psychiatrist or a physician assistant practicing under the supervision of a psychiatrist to biennially complete one or more courses of instruction that provide at least 2 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:
(a) May include the training provided pursuant to NRS 449.103, where applicable.
(b) Must be based upon a range of research from diverse sources.
(c) Must address persons of different cultural backgrounds, including, without limitation:
(1) Persons from various gender, racial and ethnic backgrounds;
(2) Persons from various religious backgrounds;
(3) Lesbian, gay, bisexual, transgender and questioning persons;
(4) Children and senior citizens;
(5) Veterans;
(6) Persons with a mental illness;
(7) Persons with an intellectual disability, developmental disability or physical disability; and
(8) Persons who are part of any other population that a psychiatrist or physician assistant practicing under the supervision of a psychiatrist may need to better understand, as determined by the Board.
13. The Board shall not require a physician assistant to receive or maintain certification by the National Commission on Certification of Physician Assistants, or its successor organization, or by any other nationally recognized organization for the accreditation of physician assistants to satisfy any continuing education requirement pursuant to paragraph (d) of subsection 1 and subsection 3.
14. Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.
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Sec. 66. NRS 633.501 is hereby amended to read as follows:
633.501 1. Except as otherwise provided in subsection 2, the Board shall charge and collect fees not to exceed the following amounts:
(a) Application and initial license fee for an osteopathic physician... $800
(b) Annual license renewal fee for an osteopathic physician................. 500
(c) Temporary license fee............................................................................. 500
(d) Special or authorized facility license fee............................................. 200
(e) Special event license fee......................................................................... 200
(f) Special or authorized facility license renewal fee.............................. 200
(g) Reexamination fee................................................................................... 200
(h) Late payment fee..................................................................................... 300
(i) Application and initial license fee for a physician assistant............. 400
(j) Application and initial simultaneous license fee for a physician assistant 200
(k) Annual registration fee for a physician assistant............................... 400
(l) Annual simultaneous registration fee for a physician assistant........ 200
(m) Inactive license fee................................................................................. 200
(n) Application and initial license fee for an anesthesiologist assistant 400
(o) Application and initial simultaneous license fee for an anesthesiologist assistant 200
2. The Board may prorate the initial license fee for a new license issued pursuant to paragraph (a) or (i) of subsection 1 which expires less than 6 months after the date of issuance.
3. The cost of any special meeting called at the request of a licensee, an institution, an organization, a state agency or an applicant for licensure must be paid by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting the meeting has paid a cash deposit with the Board sufficient to defray all expenses of the meeting.
4. If an applicant submits an application for a license by endorsement pursuant to:
(a) NRS 633.399 or 633.400 and is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license. As used in this paragraph, veteran has the meaning ascribed to it in NRS 417.005.
(b) NRS 633.4336, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license.
Sec. 67. NRS 633.511 is hereby amended to read as follows:
633.511 1. The grounds for initiating disciplinary action pursuant to this chapter are:
(a) Unprofessional conduct.
(b) Conviction of:
(1) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
(2) A felony relating to the practice of osteopathic medicine or practice as a physician assistant or anesthesiologist assistant;
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(3) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
(4) Murder, voluntary manslaughter or mayhem;
(5) Any felony involving the use of a firearm or other deadly weapon;
(6) Assault with intent to kill or to commit sexual assault or mayhem;
(7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;
(8) Abuse or neglect of a child or contributory delinquency; or
(9) Any offense involving moral turpitude.
(c) The suspension of a license to practice osteopathic medicine or to practice as a physician assistant or anesthesiologist assistant by any other jurisdiction.
(d) Malpractice or gross malpractice, which may be evidenced by a claim of malpractice settled against a licensee.
(e) Professional incompetence.
(f) Failure to comply with the requirements of NRS 633.527.
(g) Failure to comply with the requirements of subsection 3 of NRS 633.471.
(h) Failure to comply with the provisions of NRS 633.694.
(i) Operation of a medical facility, as defined in NRS 449.0151, at any time during which:
(1) The license of the facility is suspended or revoked; or
(2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
Κ This paragraph applies to an owner or other principal responsible for the operation of the facility.
(j) Failure to comply with the provisions of subsection 2 of NRS 633.322.
(k) Signing a blank prescription form.
(l) Knowingly or willfully procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:
(1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;
(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
(3) Is cannabis being used for medical purposes in accordance with chapter 678C of NRS; or
(4) Is an investigational drug or biological product prescribed to a patient pursuant to NRS 630.3735 or 633.6945.
(m) Attempting, directly or indirectly, by intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.
(n) Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient.
(o) In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the licensee knows to be false, failing to file a record or report that is required by law or knowingly or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.
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(p) Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter, except for a violation of NRS 633.4717, or the regulations of the Board within 30 days after the date the licensee knows or has reason to know of the violation.
(q) Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.
(r) Engaging in any act that is unsafe in accordance with regulations adopted by the Board.
(s) Failure to comply with the provisions of NRS 629.515.
(t) Failure to supervise adequately a medical assistant pursuant to the regulations of the Board.
(u) Failure to obtain any training required by the Board pursuant to NRS 633.473.
(v) Failure to comply with the provisions of NRS 633.6955.
(w) Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.23535 and 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto.
(x) Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.
(y) Failure to comply with the provisions of NRS 454.217 or 629.086.
(z) Failure to comply with the provisions of NRS 441A.315 or any regulations adopted pursuant thereto.
(aa) Performing or supervising the performance of a pelvic examination in violation of NRS 629.085.
2. As used in this section, investigational drug or biological product has the meaning ascribed to it in NRS 454.351.
Sec. 68. NRS 633.512 is hereby amended to read as follows:
633.512 Any member or agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices osteopathic medicine or as a physician assistant or anesthesiologist assistant and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation:
1. An inspection to determine whether any person at the premises is practicing osteopathic medicine or as a physician assistant or anesthesiologist assistant without the appropriate license issued pursuant to the provisions of this chapter; or
2. An inspection to determine whether any osteopathic physician is allowing a person to perform or participate in any activity under the supervision of the osteopathic physician for the purpose of receiving credit toward a degree of doctor of medicine, osteopathy or osteopathic medicine in violation of NRS 633.6955.
Sec. 69. NRS 633.526 is hereby amended to read as follows:
633.526 1. The insurer of an osteopathic physician , [or] physician assistant or anesthesiologist assistant licensed under this chapter shall report to the Board:
(a) Any action for malpractice against the osteopathic physician , [or] physician assistant or anesthesiologist assistant not later than 45 days after the osteopathic physician , [or] physician assistant or anesthesiologist assistant receives service of a summons and complaint for the action;
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the osteopathic physician , [or] physician assistant or anesthesiologist assistant receives service of a summons and complaint for the action;
(b) Any claim for malpractice against the osteopathic physician , [or] physician assistant or anesthesiologist assistant that is submitted to arbitration or mediation not later than 45 days after the claim is submitted to arbitration or mediation; and
(c) Any settlement, award, judgment or other disposition of any action or claim described in paragraph (a) or (b) not later than 45 days after the settlement, award, judgment or other disposition.
2. The Board shall report any failure to comply with subsection 1 by an insurer licensed in this State to the Division of Insurance of the Department of Business and Industry. If, after a hearing, the Division of Insurance determines that any such insurer failed to comply with the requirements of subsection 1, the Division may impose an administrative fine of not more than $10,000 against the insurer for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.
Sec. 70. NRS 633.527 is hereby amended to read as follows:
633.527 1. An osteopathic physician , [or] physician assistant or anesthesiologist assistant shall report to the Board:
(a) Any action for malpractice against the osteopathic physician , [or] physician assistant or anesthesiologist assistant not later than 45 days after the osteopathic physician , [or] physician assistant or anesthesiologist assistant receives service of a summons and complaint for the action;
(b) Any claim for malpractice against the osteopathic physician , [or] physician assistant or anesthesiologist assistant that is submitted to arbitration or mediation not later than 45 days after the claim is submitted to arbitration or mediation;
(c) Any settlement, award, judgment or other disposition of any action or claim described in paragraph (a) or (b) not later than 45 days after the settlement, award, judgment or other disposition; and
(d) Any sanctions imposed against the osteopathic physician , [or] physician assistant or anesthesiologist assistant that are reportable to the National Practitioner Data Bank not later than 45 days after the sanctions are imposed.
2. If the Board finds that an osteopathic physician , [or] physician assistant or anesthesiologist assistant has violated any provision of this section, the Board may impose a fine of not more than $5,000 against the osteopathic physician , [or] physician assistant or anesthesiologist assistant for each violation, in addition to any other fines or penalties permitted by law.
3. All reports made by an osteopathic physician , [or] physician assistant or anesthesiologist assistant pursuant to this section are public records.
Sec. 71. NRS 633.528 is hereby amended to read as follows:
633.528 If the Board receives a report pursuant to the provisions of NRS 633.526, 633.527 or 690B.250 indicating that a judgment has been rendered or an award has been made against an osteopathic physician , [or] physician assistant or anesthesiologist assistant regarding an action or claim for malpractice or that such an action or claim against the osteopathic physician , [or] physician assistant or anesthesiologist assistant has been resolved by settlement, the Board shall conduct an investigation to determine whether to discipline the osteopathic physician , [or] physician assistant or anesthesiologist assistant regarding the action or claim, unless the Board has already commenced or completed such an investigation regarding the action or claim before it receives the report.
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whether to discipline the osteopathic physician , [or] physician assistant or anesthesiologist assistant regarding the action or claim, unless the Board has already commenced or completed such an investigation regarding the action or claim before it receives the report.
Sec. 72. NRS 633.529 is hereby amended to read as follows:
633.529 1. Notwithstanding the provisions of chapter 622A of NRS, if the Board or an investigative committee of the Board receives a report pursuant to the provisions of NRS 633.526, 633.527 or 690B.250 indicating that a judgment has been rendered or an award has been made against an osteopathic physician , [or] physician assistant or anesthesiologist assistant regarding an action or claim for malpractice, or that such an action or claim against the osteopathic physician , [or] physician assistant or anesthesiologist assistant has been resolved by settlement, the Board or committee may order the osteopathic physician , [or] physician assistant or anesthesiologist assistant to undergo a mental or physical examination or any other examination designated by the Board to test his or her competence to practice osteopathic medicine or to practice as a physician assistant [,] or an anesthesiologist assistant as applicable. An examination conducted pursuant to this subsection must be conducted by a person designated by the Board.
2. For the purposes of this section:
(a) An osteopathic physician , [or] physician assistant or anesthesiologist assistant who applies for a license or who holds a license under this chapter is deemed to have given consent to submit to a mental or physical examination or an examination testing his or her competence to practice osteopathic medicine or to practice as a physician assistant [,] or anesthesiologist assistant, as applicable, pursuant to a written order by the Board.
(b) The testimony or reports of a person who conducts an examination of an osteopathic physician , [or] physician assistant or anesthesiologist assistant on behalf of the Board pursuant to this section are not privileged communications.
Sec. 73. NRS 633.531 is hereby amended to read as follows:
633.531 1. The Board or any of its members, or a medical review panel of a hospital or medical society, which becomes aware of any conduct by an osteopathic physician , [or] physician assistant or anesthesiologist assistant that may constitute grounds for initiating disciplinary action shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board.
2. The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.
Sec. 74. NRS 633.533 is hereby amended to read as follows:
633.533 1. Except as otherwise provided in subsection 2, any person may file with the Board a complaint against an osteopathic physician , [or] physician assistant or anesthesiologist assistant on a form provided by the Board. The form may be submitted in writing or electronically. If a complaint is submitted anonymously, the Board may accept the complaint but may refuse to consider the complaint if the lack of the identity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.
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2. Any licensee, medical school or medical facility that becomes aware that a person practicing osteopathic medicine or practicing as a physician assistant or anesthesiologist assistant in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the Board within 30 days after becoming aware of the conduct.
3. Except as otherwise provided in subsection 4, any hospital, clinic or other medical facility licensed in this State, or medical society, shall file a written report with the Board of any change in the privileges of an osteopathic physician , [or] physician assistant or anesthesiologist assistant to practice while the osteopathic physician , [or] physician assistant or anesthesiologist assistant is under investigation, and the outcome of any disciplinary action taken by the facility or society against the osteopathic physician , [or] physician assistant or anesthesiologist assistant concerning the care of a patient or the competency of the osteopathic physician , [or] physician assistant [,] or anesthesiologist assistant, within 30 days after the change in privileges is made or disciplinary action is taken.
4. A hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board within 5 days after a change in the privileges of an osteopathic physician , [or] physician assistant or anesthesiologist assistant that is based on:
(a) An investigation of the mental, medical or psychological competency of the osteopathic physician , [or] physician assistant [;] or anesthesiologist assistant; or
(b) A suspected or alleged substance use disorder in any form by the osteopathic physician , [or] physician assistant or anesthesiologist assistant.
5. The Board shall report any failure to comply with subsection 3 or 4 by a hospital, clinic or other medical facility licensed in this State to the Division of Public and Behavioral Health of the Department of Health and Human Services. If, after a hearing, the Division determines that any such facility or society failed to comply with the requirements of subsection 3 or 4, the Division may impose an administrative fine of not more than $10,000 against the facility or society for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.
6. The clerk of every court shall report to the Board any finding, judgment or other determination of the court that an osteopathic physician , [or] physician assistant or anesthesiologist assistant:
(a) Is mentally ill;
(b) Is mentally incompetent;
(c) Has been convicted of a felony or any law governing controlled substances or dangerous drugs;
(d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or
(e) Is liable for damages for malpractice or negligence,
Κ within 45 days after the finding, judgment or determination.
Sec. 75. NRS 633.542 is hereby amended to read as follows:
633.542 Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice osteopathic medicine or as a physician assistant or anesthesiologist assistant without the appropriate license issued pursuant to the provisions of this chapter.
κ2023 Statutes of Nevada, Page 1580 (CHAPTER 247, AB 270)κ
practices or offers to practice osteopathic medicine or as a physician assistant or anesthesiologist assistant without the appropriate license issued pursuant to the provisions of this chapter.
Sec. 76. NRS 633.561 is hereby amended to read as follows:
633.561 1. Notwithstanding the provisions of chapter 622A of NRS, if the Board or a member of the Board designated to review a complaint pursuant to NRS 633.541 has reason to believe that the conduct of an osteopathic physician , [or] physician assistant or anesthesiologist assistant has raised a reasonable question as to his or her competence to practice osteopathic medicine or to practice as a physician assistant or anesthesiologist assistant, as applicable, with reasonable skill and safety to patients, the Board or the member designated by the Board may require the osteopathic physician , [or] physician assistant or anesthesiologist assistant to submit to a mental or physical examination conducted by physicians designated by the Board. If the osteopathic physician , [or] physician assistant or anesthesiologist assistant participates in a diversion program, the diversion program may exchange with any authorized member of the staff of the Board any information concerning the recovery and participation of the osteopathic physician , [or] physician assistant or anesthesiologist assistant in the diversion program. As used in this subsection, diversion program means a program approved by the Board for an alcohol or other substance use disorder or any other impairment of an osteopathic physician , [or] physician assistant or anesthesiologist assistant.
2. For the purposes of this section:
(a) An osteopathic physician , [or] physician assistant or anesthesiologist assistant who is licensed under this chapter and who accepts the privilege of practicing osteopathic medicine or practicing as a physician assistant or anesthesiologist assistant in this State is deemed to have given consent to submit to a mental or physical examination pursuant to a written order by the Board.
(b) The testimony or examination reports of the examining physicians are not privileged communications.
3. Except in extraordinary circumstances, as determined by the Board, the failure of an osteopathic physician , [or] physician assistant or anesthesiologist assistant who is licensed under this chapter to submit to an examination pursuant to this section constitutes an admission of the charges against the osteopathic physician , [or] physician assistant or anesthesiologist assistant.
Sec. 77. NRS 633.571 is hereby amended to read as follows:
633.571 Notwithstanding the provisions of chapter 622A of NRS, if the Board has reason to believe that the conduct of any osteopathic physician , [or] physician assistant or anesthesiologist assistant has raised a reasonable question as to his or her competence to practice osteopathic medicine or to practice as a physician assistant or anesthesiologist assistant, as applicable, with reasonable skill and safety to patients, the Board may require the osteopathic physician , [or] physician assistant or anesthesiologist assistant to submit to an examination for the purposes of determining his or her competence to practice osteopathic medicine or to practice as a physician assistant or anesthesiologist assistant, as applicable, with reasonable skill and safety to patients.
κ2023 Statutes of Nevada, Page 1581 (CHAPTER 247, AB 270)κ
Sec. 78. NRS 633.581 is hereby amended to read as follows:
633.581 1. If an investigation by the Board of an osteopathic physician , [or] physician assistant or anesthesiologist assistant reasonably determines that the health, safety or welfare of the public or any patient served by the osteopathic physician , [or] physician assistant or anesthesiologist assistant is at risk of imminent or continued harm, the Board may summarily suspend the license of the licensee pending the conclusion of a hearing to consider a formal complaint against the licensee. The order of summary suspension may be issued only by the Board or an investigative committee of the Board.
2. If the Board or an investigative committee of the Board issues an order summarily suspending the license of a licensee pursuant to subsection 1, the Board shall hold a hearing not later than 60 days after the date on which the order is issued, unless the Board and the licensee mutually agree to a longer period, to determine whether a reasonable basis exists to continue the suspension of the license pending the conclusion of a hearing to consider a formal complaint against the licensee. If no formal complaint against the licensee is pending before the Board on the date on which a hearing is held pursuant to this section, the Board shall reinstate the license of the licensee.
3. Notwithstanding the provisions of chapter 622A of NRS, if the Board or an investigative committee of the Board issues an order summarily suspending the license of an osteopathic physician , [or] physician assistant or anesthesiologist assistant pursuant to subsection 1 and the Board requires the licensee to submit to a mental or physical examination or a medical competency examination, the examination must be conducted and the results must be obtained not later than 30 days after the order is issued.
Sec. 79. NRS 633.591 is hereby amended to read as follows:
633.591 Notwithstanding the provisions of chapter 622A of NRS, if the Board issues an order summarily suspending the license of an osteopathic physician , [or] physician assistant or anesthesiologist assistant pending proceedings for disciplinary action, including, without limitation, a summary suspension pursuant to NRS 233B.127, the court shall not stay that order unless the Board fails to institute and determine such proceedings as promptly as the requirements for investigation of the case reasonably allow.
Sec. 80. NRS 633.601 is hereby amended to read as follows:
633.601 1. In addition to any other remedy provided by law, the Board, through an officer of the Board or the Attorney General, may apply to any court of competent jurisdiction to enjoin any unprofessional conduct of an osteopathic physician , [or] physician assistant or anesthesiologist assistant which is harmful to the public or to limit the practice of the osteopathic physician , [or] physician assistant or anesthesiologist assistant or suspend his or her license to practice osteopathic medicine or to practice as a physician assistant or anesthesiologist assistant, as applicable, as provided in this section.
2. The court in a proper case may issue a temporary restraining order or a preliminary injunction for such purposes:
(a) Without proof of actual damage sustained by any person, this provision being a preventive as well as punitive measure; and
(b) Pending proceedings for disciplinary action by the Board. Notwithstanding the provisions of chapter 622A of NRS, such proceedings shall be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.
κ2023 Statutes of Nevada, Page 1582 (CHAPTER 247, AB 270)κ
Sec. 81. NRS 633.631 is hereby amended to read as follows:
633.631 Except as otherwise provided in subsection 2 and chapter 622A of NRS:
1. Service of process made under this chapter must be either personal or by registered or certified mail with return receipt requested, addressed to the osteopathic physician , [or] physician assistant or anesthesiologist assistant at his or her last known address, as indicated in the records of the Board. If personal service cannot be made and if mail notice is returned undelivered, the President or Secretary-Treasurer of the Board shall cause a notice of hearing to be published once a week for 4 consecutive weeks in a newspaper published in the county of the last known address of the osteopathic physician , [or] physician assistant or anesthesiologist assistant or, if no newspaper is published in that county, in a newspaper widely distributed in that county.
2. In lieu of the methods of service of process set forth in subsection 1, if the Board obtains written consent from the osteopathic physician , [or] physician assistant or anesthesiologist assistant, service of process under this chapter may be made by electronic mail on the licensee at an electronic mail address designated by the licensee in the written consent.
3. Proof of service of process or publication of notice made under this chapter must be filed with the Secretary-Treasurer of the Board and may be recorded in the minutes of the Board.
Sec. 82. NRS 633.641 is hereby amended to read as follows:
633.641 Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary proceeding before the Board, a hearing officer or a panel:
1. Proof of actual injury need not be established where the formal complaint charges deceptive or unethical professional conduct or medical practice harmful to the public.
2. A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license to practice osteopathic medicine or to practice as a physician assistant or anesthesiologist assistant is conclusive evidence of its occurrence.
Sec. 83. NRS 633.651 is hereby amended to read as follows:
633.651 1. If the Board finds a person guilty in a disciplinary proceeding, it shall by order take one or more of the following actions:
(a) Place the person on probation for a specified period or until further order of the Board.
(b) Administer to the person a public reprimand.
(c) Limit the practice of the person to, or by the exclusion of, one or more specified branches of osteopathic medicine.
(d) Suspend the license of the person to practice osteopathic medicine or to practice as a physician assistant or anesthesiologist assistant for a specified period or until further order of the Board.
(e) Revoke the license of the person to practice osteopathic medicine or to practice as a physician assistant or anesthesiologist assistant.
(f) Impose a fine not to exceed $5,000 for each violation.
(g) Require supervision of the practice of the person.
(h) Require the person to perform community service without compensation.
(i) Require the person to complete any training or educational requirements specified by the Board.
κ2023 Statutes of Nevada, Page 1583 (CHAPTER 247, AB 270)κ
(j) Require the person to participate in a program for an alcohol or other substance use disorder or any other impairment.
Κ The order of the Board may contain any other terms, provisions or conditions as the Board deems proper and which are not inconsistent with law.
2. The Board shall not administer a private reprimand.
3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
Sec. 84. NRS 633.671 is hereby amended to read as follows:
633.671 1. Any person who has been placed on probation or whose license has been limited, suspended or revoked by the Board is entitled to judicial review of the Boards order as provided by law.
2. Every order of the Board which limits the practice of osteopathic medicine or the practice of a physician assistant or anesthesiologist assistant or suspends or revokes a license is effective from the date on which the order is issued by the Board until the date the order is modified or reversed by a final judgment of the court.
3. The district court shall give a petition for judicial review of the Boards order priority over other civil matters which are not expressly given priority by law.
Sec. 85. NRS 633.681 is hereby amended to read as follows:
633.681 1. Any person:
(a) Whose practice of osteopathic medicine or practice as a physician assistant or anesthesiologist assistant has been limited; or
(b) Whose license to practice osteopathic medicine or to practice as a physician assistant or anesthesiologist assistant has been:
(1) Suspended until further order; or
(2) Revoked,
Κ may apply to the Board after a reasonable period for removal of the limitation or suspension or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license.
2. In hearing the application, the Board:
(a) May require the person to submit to a mental or physical examination by physicians whom it designates and submit such other evidence of changed conditions and of fitness as it deems proper;
(b) Shall determine whether under all the circumstances the time of the application is reasonable; and
(c) May deny the application or modify or rescind its order as it deems the evidence and the public safety warrants.
Sec. 86. NRS 633.691 is hereby amended to read as follows:
633.691 1. In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Board, a medical review panel of a hospital, a hearing officer, a panel of the Board, an employee or volunteer of a diversion program specified in NRS 633.561, or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of an osteopathic physician , [or] physician assistant or anesthesiologist assistant for gross malpractice, malpractice, professional incompetence or unprofessional conduct is immune from any civil action for such initiation or assistance or any consequential damages, if the person or organization acted in good faith.
κ2023 Statutes of Nevada, Page 1584 (CHAPTER 247, AB 270)κ
2. Except as otherwise provided in subsection 3, the Board shall not commence an investigation, impose any disciplinary action or take any other adverse action against an osteopathic physician , [or] physician assistant or anesthesiologist assistant for:
(a) Disclosing to a governmental entity a violation of a law, rule or regulation by an applicant for a license to practice osteopathic medicine or to practice as a physician assistant or anesthesiologist assistant, or by an osteopathic physician , [or] physician assistant or anesthesiologist assistant; or
(b) Cooperating with a governmental entity that is conducting an investigation, hearing or inquiry into such a violation, including, without limitation, providing testimony concerning the violation.
3. An osteopathic physician , [or] physician assistant or anesthesiologist assistant who discloses information to or cooperates with a governmental entity pursuant to subsection 2 with respect to the violation of any law, rule or regulation by the osteopathic physician , [or] physician assistant or anesthesiologist assistant is subject to investigation and any other administrative or disciplinary action by the Board under the provisions of this chapter for such violation.
4. As used in this section, governmental entity includes, without limitation:
(a) A federal, state or local officer, employee, agency, department, division, bureau, board, commission, council, authority or other subdivision or entity of a public employer;
(b) A federal, state or local employee, committee, member or commission of the Legislative Branch of Government;
(c) A federal, state or local representative, member or employee of a legislative body or a county, town, village or any other political subdivision or civil division of the State;
(d) A federal, state or local law enforcement agency or prosecutorial office, or any member or employee thereof, or police or peace officer; and
(e) A federal, state or local judiciary, or any member or employee thereof, or grand or petit jury.
Sec. 87. NRS 633.701 is hereby amended to read as follows:
633.701 The filing and review of a complaint and any subsequent disposition by the Board, the member designated by the Board to review a complaint pursuant to NRS 633.541 or any reviewing court do not preclude:
1. Any measure by a hospital or other institution to limit or terminate the privileges of an osteopathic physician , [or] physician assistant or anesthesiologist assistant according to its rules or the custom of the profession. No civil liability attaches to any such action taken without malice even if the ultimate disposition of the complaint is in favor of the osteopathic physician , [or] physician assistant or anesthesiologist assistant.
2. Any appropriate criminal prosecution by the Attorney General or a district attorney based upon the same or other facts.
Sec. 88. NRS 633.711 is hereby amended to read as follows:
633.711 1. The Board, through an officer of the Board or the Attorney General, may maintain in any court of competent jurisdiction a suit for an injunction against any person:
κ2023 Statutes of Nevada, Page 1585 (CHAPTER 247, AB 270)κ
(a) Practicing osteopathic medicine or practicing as a physician assistant or anesthesiologist assistant without a valid license to practice osteopathic medicine or to practice as a physician assistant or anesthesiologist assistant [;] , as applicable; or
(b) Providing services through telehealth, as defined in NRS 629.515, without a valid license.
2. An injunction issued pursuant to subsection 1:
(a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.
(b) Must not relieve such person from criminal prosecution for practicing without such a license.
Sec. 89. NRS 633.721 is hereby amended to read as follows:
633.721 In a criminal complaint charging any person with practicing osteopathic medicine or practicing as a physician assistant or anesthesiologist assistant without a valid license issued by the Board, it is sufficient to charge that the person did, upon a certain day, and in a certain county of this State, engage in such practice without having a valid license to do so, without averring any further or more particular facts concerning the violation.
Sec. 90. NRS 633.741 is hereby amended to read as follows:
633.741 1. It is unlawful for any person to:
(a) Except as otherwise provided in NRS 629.091, practice:
(1) Osteopathic medicine without a valid license to practice osteopathic medicine under this chapter;
(2) As a physician assistant or anesthesiologist assistant without a valid license under this chapter; or
(3) Beyond the limitations ordered upon his or her practice by the Board or the court;
(b) Present as his or her own the diploma, license or credentials of another;
(c) Give either false or forged evidence of any kind to the Board or any of its members in connection with an application for a license;
(d) File for record the license issued to another, falsely claiming himself or herself to be the person named in the license, or falsely claiming himself or herself to be the person entitled to the license;
(e) Practice osteopathic medicine or practice as a physician assistant or anesthesiologist assistant under a false or assumed name or falsely personate another licensee of a like or different name;
(f) Hold himself or herself out as a physician assistant or anesthesiologist assistant or use any other term indicating or implying that he or she is a physician assistant [,] or anesthesiologist assistant, as applicable, unless the person has been licensed by the Board as provided in this chapter; or
(g) Supervise a person as a physician assistant or anesthesiologist assistant before such person is licensed as provided in this chapter.
2. A person who violates any provision of subsection 1:
(a) If no substantial bodily harm results, is guilty of a category D felony; or
(b) If substantial bodily harm results, is guilty of a category C felony,
Κ and shall be punished as provided in NRS 193.130, unless a greater penalty is provided pursuant to NRS 200.830 or 200.840.
κ2023 Statutes of Nevada, Page 1586 (CHAPTER 247, AB 270)κ
3. In addition to any other penalty prescribed by law, if the Board determines that a person has committed any act described in subsection 1, the Board may:
(a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.
(b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.
(c) Assess against the person an administrative fine of not more than $5,000.
(d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).
Sec. 91. NRS 652.210 is hereby amended to read as follows:
652.210 1. Except as otherwise provided in subsection 2 and NRS 126.121 and 652.186, no person other than a licensed physician, a licensed optometrist, a licensed practical nurse, a registered nurse, a perfusionist, a physician assistant licensed pursuant to chapter 630 or 633 of NRS, a certified advanced emergency medical technician, a certified paramedic, a practitioner of respiratory care licensed pursuant to chapter 630 of NRS, a licensed anesthesiologist assistant, a licensed dentist or a registered pharmacist may manipulate a person for the collection of specimens. The persons described in this subsection may perform any laboratory test which is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations without obtaining certification as an assistant in a medical laboratory pursuant to NRS 652.127.
2. The technical personnel of a laboratory may collect blood, remove stomach contents, perform certain diagnostic skin tests or field blood tests or collect material for smears and cultures.
Sec. 92. NRS 41.504 is hereby amended to read as follows:
41.504 1. Any physician, physician assistant , anesthesiologist assistant or registered nurse who in good faith gives instruction or provides supervision to an emergency medical attendant, physician assistant , anesthesiologist assistant or registered nurse, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in giving that instruction or providing that supervision.
2. An emergency medical attendant, physician assistant, anesthesiologist assistant, registered nurse or licensed practical nurse who obeys an instruction given by a physician, physician assistant, anesthesiologist assistant, registered nurse or licensed practical nurse and thereby renders emergency care, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in rendering that emergency care.
κ2023 Statutes of Nevada, Page 1587 (CHAPTER 247, AB 270)κ
3. As used in this section, emergency medical attendant means a person licensed as an attendant or certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant to chapter 450B of NRS.
Sec. 93. NRS 41.505 is hereby amended to read as follows:
41.505 1. Any person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state, who renders emergency care or assistance, including, without limitation, emergency obstetrical care or assistance, in an emergency, gratuitously and in good faith, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering the emergency care or assistance or as a result of any failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person. This section does not excuse a physician, physician assistant , anesthesiologist assistant or nurse from liability for damages resulting from that persons acts or omissions which occur in a licensed medical facility relative to any person with whom there is a preexisting relationship as a patient.
2. Any person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state who:
(a) Is retired or otherwise does not practice on a full-time basis; and
(b) Gratuitously and in good faith, renders medical care within the scope of that persons license to an indigent person,
Κ is not liable for any civil damages as a result of any act or omission by that person, not amounting to gross negligence or reckless, willful or wanton conduct, in rendering that care.
3. Any person licensed to practice medicine under the provisions of chapter 630 or 633 of NRS or licensed to practice dentistry under the provisions of chapter 631 of NRS who renders care or assistance to a patient for a governmental entity or a nonprofit organization is not liable for any civil damages as a result of any act or omission by that person in rendering that care or assistance if the care or assistance is rendered gratuitously, in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct.
4. As used in this section, gratuitously has the meaning ascribed to it in NRS 41.500.
Sec. 94. NRS 41A.017 is hereby amended to read as follows:
41A.017 Provider of health care means a physician licensed pursuant to chapter 630 or 633 of NRS, physician assistant, anesthesiologist assistant, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractic physician, doctor of Oriental medicine, holder of a license or a limited license issued under the provisions of chapter 653 of NRS, medical laboratory director or technician, licensed dietitian or a licensed hospital, clinic, surgery center, physicians professional corporation or group practice that employs any such person and its employees.
Sec. 95. NRS 200.471 is hereby amended to read as follows:
200.471 1. As used in this section:
(a) Assault means:
(1) Unlawfully attempting to use physical force against another person; or
κ2023 Statutes of Nevada, Page 1588 (CHAPTER 247, AB 270)κ
(2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.
(b) Fire-fighting agency has the meaning ascribed to it in NRS 239B.020.
(c) Officer means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard or other correctional officer of a city or county jail;
(5) A prosecuting attorney of an agency or political subdivision of the United States or of this State;
(6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph;
(7) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;
(8) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to law enforcement; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;
(9) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to fire fighting or fire prevention; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or
(10) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to code enforcement; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.
(d) Provider of health care means a physician, a medical student, a perfusionist , an anesthesiologist assistant or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant or anesthesiologist assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractic physician, a chiropractic assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a dentist, a dental student, a dental hygienist, a dental hygienist student, a pharmacist, a pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a licensed dietitian, the holder of a license or a limited license issued under the provisions of chapter 653 of NRS, an emergency medical technician, an advanced emergency medical technician and a paramedic.
κ2023 Statutes of Nevada, Page 1589 (CHAPTER 247, AB 270)κ
dentist, a dental student, a dental hygienist, a dental hygienist student, a pharmacist, a pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a licensed dietitian, the holder of a license or a limited license issued under the provisions of chapter 653 of NRS, an emergency medical technician, an advanced emergency medical technician and a paramedic.
(e) School employee means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.
(f) Sporting event has the meaning ascribed to it in NRS 41.630.
(g) Sports official has the meaning ascribed to it in NRS 41.630.
(h) Taxicab has the meaning ascribed to it in NRS 706.8816.
(i) Taxicab driver means a person who operates a taxicab.
(j) Transit operator means a person who operates a bus or other vehicle as part of a public mass transportation system.
2. A person convicted of an assault shall be punished:
(a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.
(b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
κ2023 Statutes of Nevada, Page 1590 (CHAPTER 247, AB 270)κ
Sec. 96. NRS 200.5093 is hereby amended to read as follows:
200.5093 1. Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned shall:
(a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to:
(1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;
(2) A police department or sheriffs office; or
(3) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned.
2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.
3. Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.
4. A report must be made pursuant to subsection 1 by the following persons:
(a) Every physician, dentist, dental hygienist, chiropractic physician, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, anesthesiologist assistant, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug counselor, alcohol and drug counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian, holder of a license or a limited license issued under the provisions of chapter 653 of NRS, behavior analyst, assistant behavior analyst, registered behavior technician, peer recovery support specialist, as defined in NRS 433.627, peer recovery support specialist supervisor, as defined in NRS 433.629, or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person or vulnerable person who appears to have been abused, neglected, exploited, isolated or abandoned.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person by a member of the staff of the hospital.
κ2023 Statutes of Nevada, Page 1591 (CHAPTER 247, AB 270)κ
(c) A coroner.
(d) Every person who maintains or is employed by an agency to provide personal care services in the home.
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.
(g) Any employee of the Department of Health and Human Services, except the State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125 and any of his or her advocates or volunteers where prohibited from making such a report pursuant to 45 C.F.R. § 1321.11.
(h) Any employee of a law enforcement agency or a countys office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons or vulnerable persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person and refers them to persons and agencies where their requests and needs can be met.
(k) Every social worker.
(l) Any person who owns or is employed by a funeral home or mortuary.
(m) Every person who operates or is employed by a community health worker pool, as defined in NRS 449.0028, or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.
(n) Every person who is enrolled with the Division of Health Care Financing and Policy of the Department of Health and Human Services to provide doula services to recipients of Medicaid pursuant to NRS 422.27177.
5. A report may be made by any other person.
6. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person or vulnerable person has died as a result of abuse, neglect, isolation or abandonment, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person or vulnerable person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
7. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:
(a) Aging and Disability Services Division;
(b) Repository for Information Concerning Crimes Against Older Persons or Vulnerable Persons created by NRS 179A.450; and
(c) Unit for the Investigation and Prosecution of Crimes.
κ2023 Statutes of Nevada, Page 1592 (CHAPTER 247, AB 270)κ
8. If the investigation of a report results in the belief that an older person or vulnerable person is abused, neglected, exploited, isolated or abandoned, the Aging and Disability Services Division of the Department of Health and Human Services or the countys office for protective services may provide protective services to the older person or vulnerable person if the older person or vulnerable person is able and willing to accept them.
9. A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.
10. As used in this section, Unit for the Investigation and Prosecution of Crimes means the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons in the Office of the Attorney General created pursuant to NRS 228.265.
Sec. 97. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.
κ2023 Statutes of Nevada, Page 1593 (CHAPTER 247, AB 270)κ
432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and sections 14 and 53 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
κ2023 Statutes of Nevada, Page 1594 (CHAPTER 247, AB 270)κ
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 98. NRS 244.1605 is hereby amended to read as follows:
244.1605 The boards of county commissioners may:
1. Establish, equip and maintain limited medical facilities in the outlying areas of their respective counties to provide outpatient care and emergency treatment to the residents of and those falling sick or being injured or maimed in those areas.
2. Provide a full-time or part-time staff for the facilities which may include a physician, a physician assistant licensed pursuant to chapter 630 or 633 of NRS, an anesthesiologist assistant, a registered nurse or a licensed practical nurse, a certified emergency medical technician, advanced emergency medical technician or paramedic, and such other personnel as the board deems necessary or appropriate to ensure adequate staffing commensurate with the needs of the area in which the facility is located.
3. Fix the charges for the medical and nursing care and medicine furnished by the facility to those who are able to pay for them, and to provide that care and medicine free of charge to those persons who qualify as medical indigents under the countys criteria of eligibility for medical care.
4. Purchase, equip and maintain, either in connection with a limited medical facility as authorized in this section or independent therefrom, ambulances and ambulance services for the benefit of the residents of and those falling sick or being injured or maimed in the outlying areas.
κ2023 Statutes of Nevada, Page 1595 (CHAPTER 247, AB 270)κ
Sec. 99. NRS 244.382 is hereby amended to read as follows:
244.382 The Legislature finds that:
1. Many of the less populous counties of the State have experienced shortages of physicians, surgeons, anesthetists, dentists, other medical professionals , [and] physician assistants and anesthesiologist assistants.
2. Some of the more populous counties of the State have also experienced shortages of physicians, surgeons, anesthetists, dentists, other medical professionals , [and] physician assistants and anesthesiologist assistants in their rural communities.
3. By granting county scholarships to students in such medical professions who will agree to return to the less populous counties or the rural communities of the more populous counties for residence and practice, these counties can alleviate the shortages to a degree and thereby provide their people with needed health services.
Sec. 100. NRS 244.3821 is hereby amended to read as follows:
244.3821 1. In addition to the powers elsewhere conferred upon all counties, except as otherwise provided in subsection 2, any county may establish a medical scholarship program to induce students in the medical professions to return to the county for practice.
2. Any county whose population is 100,000 or more may only establish a medical scholarship program to induce students in the medical professions to return to the less populous rural communities of the county for practice.
3. Students in the medical professions for the purposes of NRS 244.382 to 244.3823, inclusive, include persons studying to be physician assistants licensed pursuant to chapter 630 or 633 of NRS [.] or anesthesiologist assistants licensed pursuant to chapters 630 and 633 of NRS.
4. The board of county commissioners of a county that has established a medical scholarship program may appropriate money from the general fund of the county for medical scholarship funds and may accept private contributions to augment the scholarship funds.
Sec. 101. NRS 441A.110 is hereby amended to read as follows:
441A.110 Provider of health care means a physician, nurse , anesthesiologist assistant or veterinarian licensed in accordance with state law, a physician assistant licensed pursuant to chapter 630 or 633 of NRS or a pharmacist registered pursuant to chapter 639 of NRS.
Sec. 102. NRS 441A.334 is hereby amended to read as follows:
441A.334 As used in this section and NRS 441A.335 and 441A.336, provider of health care means a physician, nurse , [or] physician assistant or anesthesiologist assistant licensed in accordance with state law.
Sec. 103. NRS 453.038 is hereby amended to read as follows:
453.038 Chart order means an order entered on the chart of a patient:
1. In a hospital, facility for intermediate care or facility for skilled nursing which is licensed as such by the Division of Public and Behavioral Health of the Department; or
2. Under emergency treatment in a hospital by a physician, advanced practice registered nurse, dentist or podiatric physician, or on the written or oral order of a physician, physician assistant or anesthesiologist assistant licensed pursuant to chapter 630 or 633 of NRS, advanced practice registered nurse, dentist or podiatric physician authorizing the administration of a drug to the patient.
κ2023 Statutes of Nevada, Page 1596 (CHAPTER 247, AB 270)κ
Sec. 104. NRS 453.375 is hereby amended to read as follows:
453.375 1. A controlled substance may be possessed and administered by the following persons:
(a) A practitioner.
(b) A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, physician assistant, dentist, podiatric physician or advanced practice registered nurse, or pursuant to a chart order, for administration to a patient at another location.
(c) A paramedic:
(1) As authorized by regulation of:
(I) The State Board of Health in a county whose population is less than 100,000; or
(II) A county or district board of health in a county whose population is 100,000 or more; and
(2) In accordance with any applicable regulations of:
(I) The State Board of Health in a county whose population is less than 100,000;
(II) A county board of health in a county whose population is 100,000 or more; or
(III) A district board of health created pursuant to NRS 439.362 or 439.370 in any county.
(d) A respiratory therapist, at the direction of a physician or physician assistant.
(e) An anesthesiologist assistant, at the direction of a supervising anesthesiologist or supervising osteopathic anesthesiologist.
(f) A medical student, student in training to become a physician assistant or anesthesiologist assistant, student nurse in the course of his or her studies at an accredited college of medicine or approved school of professional or practical nursing, at the direction of a physician or physician assistant and:
(1) In the presence of a physician, physician assistant or a registered nurse; or
(2) Under the supervision of a physician, physician assistant or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician, physician assistant or nurse.
Κ A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.
[(f)] (g) An ultimate user or any person whom the ultimate user designates pursuant to a written agreement.
[(g)] (h) Any person designated by the head of a correctional institution.
[(h)] (i) A veterinary technician at the direction of his or her supervising veterinarian.
[(i)] (j) In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.
[(j)] (k) In accordance with applicable regulations of the State Board of Pharmacy, an animal control officer, a wildlife biologist or an employee designated by a federal, state or local governmental agency whose duties include the control of domestic, wild and predatory animals.
κ2023 Statutes of Nevada, Page 1597 (CHAPTER 247, AB 270)κ
[(k)] (l) A person who is enrolled in a training program to become a paramedic, respiratory therapist or veterinary technician if the person possesses and administers the controlled substance in the same manner and under the same conditions that apply, respectively, to a paramedic, respiratory therapist or veterinary technician who may possess and administer the controlled substance, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.
[(l)] (m) A registered pharmacist pursuant to written guidelines and protocols developed pursuant to NRS 639.2629 or a collaborative practice agreement, as defined in NRS 639.0052.
2. As used in this section [, accredited] :
(a) Accredited college of medicine means:
[(a)] (1) A medical school that is accredited by the Liaison Committee on Medical Education of the American Medical Association and the Association of American Medical Colleges or their successor organizations; or
[(b)] (2) A school of osteopathic medicine, as defined in NRS 633.121.
(b) Anesthesiologist assistant means a person who holds a license issued pursuant to section 8 or 47 of this act or a temporary license issued pursuant to section 9 or 48 of this act.
Sec. 105. NRS 454.213 is hereby amended to read as follows:
454.213 1. Except as otherwise provided in NRS 454.217, a drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:
(a) A practitioner.
(b) A physician assistant licensed pursuant to chapter 630 or 633 of NRS [,] or an anesthesiologist assistant, at the direction of his or her supervising physician or supervising anesthesiologist or supervising osteopathic anesthesiologist, as applicable, or a licensed dental hygienist acting in the office of and under the supervision of a dentist.
(c) Except as otherwise provided in paragraph (d), a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician or advanced practice registered nurse, or pursuant to a chart order, for administration to a patient at another location.
(d) In accordance with applicable regulations of the Board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:
(1) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and
(2) Acting under the direction of the medical director of that agency or facility who works in this State.
(e) A medication aide - certified at a designated facility under the supervision of an advanced practice registered nurse or registered nurse and in accordance with standard protocols developed by the State Board of Nursing. As used in this paragraph, designated facility has the meaning ascribed to it in NRS 632.0145.
κ2023 Statutes of Nevada, Page 1598 (CHAPTER 247, AB 270)κ
(f) Except as otherwise provided in paragraph (g), an advanced emergency medical technician or a paramedic, as authorized by regulation of the State Board of Pharmacy and in accordance with any applicable regulations of:
(1) The State Board of Health in a county whose population is less than 100,000;
(2) A county board of health in a county whose population is 100,000 or more; or
(3) A district board of health created pursuant to NRS 439.362 or 439.370 in any county.
(g) An advanced emergency medical technician or a paramedic who holds an endorsement issued pursuant to NRS 450B.1975, under the direct supervision of a local health officer or a designee of the local health officer pursuant to that section.
(h) A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.
(i) A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.
(j) A medical student or student nurse in the course of his or her studies at an accredited college of medicine or approved school of professional or practical nursing, at the direction of a physician and:
(1) In the presence of a physician or a registered nurse; or
(2) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.
Κ A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.
(k) Any person designated by the head of a correctional institution.
(l) An ultimate user or any person designated by the ultimate user pursuant to a written agreement.
(m) A holder of a license to engage in radiation therapy and radiologic imaging issued pursuant to chapter 653 of NRS, at the direction of a physician and in accordance with any conditions established by regulation of the Board.
(n) A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.
(o) A physical therapist, but only if the drug or medicine is a topical drug which is:
(1) Used for cooling and stretching external tissue during therapeutic treatments; and
(2) Prescribed by a licensed physician for:
(I) Iontophoresis; or
(II) The transmission of drugs through the skin using ultrasound.
(p) In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.
κ2023 Statutes of Nevada, Page 1599 (CHAPTER 247, AB 270)κ
(q) A veterinary technician or a veterinary assistant at the direction of his or her supervising veterinarian.
(r) In accordance with applicable regulations of the Board, a registered pharmacist who:
(1) Is trained in and certified to carry out standards and practices for immunization programs;
(2) Is authorized to administer immunizations pursuant to written protocols from a physician; and
(3) Administers immunizations in compliance with the Standards for Immunization Practices recommended and approved by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.
(s) A registered pharmacist pursuant to written guidelines and protocols developed pursuant to NRS 639.2629 or a collaborative practice agreement, as defined in NRS 639.0052.
(t) A person who is enrolled in a training program to become a physician assistant or anesthesiologist assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, advanced emergency medical technician, paramedic, respiratory therapist, dialysis technician, physical therapist or veterinary technician or to obtain a license to engage in radiation therapy and radiologic imaging pursuant to chapter 653 of NRS if the person possesses and administers the drug or medicine in the same manner and under the same conditions that apply, respectively, to a physician assistant or anesthesiologist assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, advanced emergency medical technician, paramedic, respiratory therapist, dialysis technician, physical therapist, veterinary technician or person licensed to engage in radiation therapy and radiologic imaging who may possess and administer the drug or medicine, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.
(u) A medical assistant, in accordance with applicable regulations of the:
(1) Board of Medical Examiners, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.
(2) State Board of Osteopathic Medicine, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.
2. As used in this section, accredited college of medicine has the meaning ascribed to it in NRS 453.375.
Sec. 106. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 105, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
________
κ2023 Statutes of Nevada, Page 1600κ
Assembly Bill No. 51Committee on Judiciary
CHAPTER 248
[Approved: June 9, 2023]
AN ACT relating to public safety; revising the period for the mandatory arrest of a person suspected of committing certain crimes against certain persons; revising provisions relating to the privilege for communication between a victim of certain crimes and a victims advocate; revising the penalties for the commission of certain crimes in violation of certain orders for protection; prohibiting a court from granting probation to or suspending the sentence of a person convicted of a battery which constitutes domestic violence under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
With certain exceptions, existing law requires a peace officer to arrest a person when the peace officer has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery which constitutes domestic violence. (NRS 171.137) Existing law also requires a peace officer investigating an act of domestic violence to provide a person suspected of being the victim of an act of domestic violence with a written statement setting forth the circumstances under which the peace officer is required to arrest the person suspected of committing the act of domestic violence. (NRS 171.1225) Section 2 of this bill requires a peace officer to arrest a person suspected of committing a battery which constitutes domestic violence: (1) if the peace officer had a face-to-face encounter with the person that was of sufficient duration to determine whether probable cause existed while responding to the initial incident or call for service, within 24 hours after the alleged battery; or (2) if the peace officer did not have a face-to-face encounter with the person that was of sufficient duration to determine whether probable cause existed while responding to the initial incident or call for service, within 7 days after the alleged battery. Section 1 of this bill makes a conforming change to the written statement a peace officer must provide to a suspected victim of domestic violence.
Existing law authorizes a peace officer, whether or not a warrant has been issued, to arrest a person when the peace officer has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon a person with whom he or she is actually residing or upon a sibling or cousin, if the person is not the custodian or guardian of the sibling or cousin. (NRS 171.1375) Section 3 of this bill revises the period for such a discretionary arrest to be: (1) if the peace officer had a face-to-face encounter with the person that was of sufficient duration to determine whether probable cause existed while responding to the initial incident or call for service, within 24 hours after the alleged battery; or (2) if the peace officer did not have a face-to-face encounter with the person to be arrested that was of sufficient duration to determine whether probable cause existed while responding to the initial incident or call for service, within 7 days after the alleged battery.
Existing law establishes a privilege for confidential communication between a victim of certain crimes and a victims advocate. (NRS 49.2541-49.2549) To be a victims advocate, as defined in existing law, a person must have certain work experience and have received at least 20 hours of relevant training. (NRS 49.2545) Section 13.3 of this bill requires that such training must include instruction in certain topics. Section 13.7 of this bill also provides that a person who works for a domestic violence, sexual assault or human trafficking services organization or a nonprofit organization which provides assistance to victims may be a victims advocate for purposes of the privilege. Section 13.9 of this bill makes a conforming change that is necessary as a result of the change relating to the changes made in section 13.7.
κ2023 Statutes of Nevada, Page 1601 (CHAPTER 248, AB 51)κ
necessary as a result of the change relating to the changes made in section 13.7. Section 13.5 of this bill makes a conforming change to indicate the proper placement of section 13.3 in the Nevada Revised Statutes.
Section 21 of this bill provides that, notwithstanding the amendatory provisions of sections 13.3-13.9 until January 1, 2024, the privilege established for confidential communication between a victim and a victims advocate shall be deemed to apply to a communication between a victim and a victims advocate, regardless of whether the victims advocate has completed the required relevant training, as defined in section 13.3, before October 1, 2023, if the victims advocate was serving as a victims advocate before October 1, 2023.
Existing law provides that a person who commits a crime that is punishable as a felony in violation of certain orders for protection must, in addition to the term of imprisonment for the underlying crime, be punished by imprisonment for a minimum term of not less than 1 year and a maximum term of not more than 20 years. However, if the underlying crime is punishable as a category A or B felony, the person must be additionally punished by imprisonment for a minimum term of not less than 1 year and a maximum term of not more than 5 years. (NRS 193.166) Section 14 of this bill provides instead that if the underlying crime is punishable as a category A or B felony, the additional period of imprisonment must be for a maximum term of not more than 20 years, but if the underlying crime is not punishable as a category A or B felony, the additional period of imprisonment must be for a maximum term of not more than 5 years.
Existing law provides that a court may not grant probation to or suspend the sentence of a person who is charged with committing a battery which constitutes domestic violence that is punishable as a misdemeanor, except that: (1) a justice court or municipal court may suspend the sentence of such a person under certain circumstances; and (2) a court may suspend the sentence of such a person to assign the person to a program for the treatment of veterans and members of the military. Existing law does not expressly prohibit a court from granting probation to or suspending the sentence of a person who is charged with committing a battery which constitutes domestic violence that is punishable as a gross misdemeanor or felony. (NRS 200.485) Section 16 of this bill prohibits a court from granting probation to or suspending the sentence of a person convicted of a battery which constitutes domestic violence that is punishable as a felony.
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 171.1225 is hereby amended to read as follows:
171.1225 1. When investigating an act of domestic violence, a peace officer shall:
(a) Make a good faith effort to explain the provisions of NRS 171.137 pertaining to domestic violence and advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community.
(b) Provide a person suspected of being the victim of an act of domestic violence with a written copy of the following statements:
(1) My name is Officer ......................... (naming the investigating officer). Nevada law requires me to inform you of the following information.
(2) If I have probable cause to believe that a battery has been committed against you, your minor child or the minor child of the person believed to have committed the battery in the last 24 hours by your spouse, your former spouse, any other person to whom you are related by blood or marriage, a person with whom you have had or are having a dating relationship or a person with whom you have a child in common, and if I had a face-to-face encounter with the person suspected of committing the battery that was of sufficient duration to determine whether probable cause existed while responding to the initial incident or call for service, I am required, unless mitigating circumstances exist, to arrest the person suspected of committing the battery.
κ2023 Statutes of Nevada, Page 1602 (CHAPTER 248, AB 51)κ
relationship or a person with whom you have a child in common, and if I had a face-to-face encounter with the person suspected of committing the battery that was of sufficient duration to determine whether probable cause existed while responding to the initial incident or call for service, I am required, unless mitigating circumstances exist, to arrest the person suspected of committing the battery.
(3) If I have probable cause to believe that a battery has been committed against you, your minor child or the minor child of the person believed to have committed the battery in the last 7 days by your spouse, your former spouse, any other person to whom you are related by blood or marriage, a person with whom you have had or are having a dating relationship or a person with whom you have a child in common, and if I did not have a face-to-face encounter with the person suspected of committing the battery that was of sufficient duration to determine whether probable cause existed while responding to the initial incident or call for service, I am required, unless mitigating circumstances exist, to arrest the person suspected of committing the battery.
(4) If I am unable to arrest the person suspected of committing the battery, you have the right to request that the prosecutor file a criminal complaint against the person. I can provide you with information on this procedure. If convicted, the person who committed the battery may be placed on probation, ordered to see a counselor, put in jail or fined.
[(4)] (5) The law provides that you may seek a court order for the protection of you, your minor children or any animal that is owned or kept by you, by the person who committed or threatened the act of domestic violence or by the minor child of either such person against further threats or acts of domestic violence. You do not need to hire a lawyer to obtain such an order for protection.
[(5)] (6) An order for protection may require the person who committed or threatened the act of domestic violence against you to:
(I) Stop threatening, harassing or injuring you or your children;
(II) Move out of your residence;
(III) Stay away from your place of employment;
(IV) Stay away from the school attended by your children;
(V) Stay away from any place you or your children regularly go;
(VI) Avoid or limit all communication with you or your children;
(VII) Stop physically injuring, threatening to injure or taking possession of any animal that is owned or kept by you or your children, either directly or through an agent; and
(VIII) Stop physically injuring or threatening to injure any animal that is owned or kept by the person who committed or threatened the act or his or her children, either directly or through an agent.
[(6)] (7) A court may make future orders for protection which award you custody of your children and require the person who committed or threatened the act of domestic violence against you to:
(I) Pay the rent or mortgage due on the place in which you live;
(II) Pay the amount of money necessary for the support of your children;
(III) Pay part or all of the costs incurred by you in obtaining the order for protection; and
(IV) Comply with the arrangements specified for the possession and care of any animal owned or kept by you or your children or by the person who committed or threatened the act or his or her children.
κ2023 Statutes of Nevada, Page 1603 (CHAPTER 248, AB 51)κ
[(7)] (8) To get an order for protection, go to room number ....... (state the room number of the office at the court) at the court, which is located at ......................... (state the address of the court). Ask the clerk of the court to provide you with the forms for an order of protection.
[(8)] (9) If the person who committed or threatened the act of domestic violence against you violates the terms of an order for protection, the person may be arrested and, if:
(I) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;
(II) The person has previously violated a temporary or extended order for protection; or
(III) At the time of the violation or within 2 hours after the violation, the person has a concentration of alcohol of 0.08 or more in the persons blood or breath or an amount of a prohibited substance in the persons blood or urine, as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110,
Κ the person will not be admitted to bail sooner than 12 hours after arrest.
[(9)] (10) You may obtain emergency assistance or shelter by contacting your local program against domestic violence at ......................... (state name, address and telephone number of local program) or you may call, without charge to you, the Statewide Program Against Domestic Violence at ........................ (state toll-free telephone number of Statewide Program).
2. The failure of a peace officer to carry out the requirements set forth in subsection 1 is not a defense in a criminal prosecution for the commission of an act of domestic violence, nor may such an omission be considered as negligence or as causation in any civil action against the peace officer or the officers employer.
3. As used in this section:
(a) Act of domestic violence means any of the following acts committed by a person against his or her spouse, former spouse, any other person to whom he or she is related by blood or marriage, a person with whom he or she has had or is having a dating relationship, a person with whom he or she has a child in common, the minor child of any of those persons or his or her minor child:
(1) A battery.
(2) An assault.
(3) Compelling the other by force or threat of force to perform an act from which he or she has the right to refrain or to refrain from an act which he or she has the right to perform.
(4) A sexual assault.
(5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:
(I) Stalking.
(II) Arson.
(III) Trespassing.
(IV) Larceny.
(V) Destruction of private property.
(VI) Carrying a concealed weapon without a permit.
(VII) Injuring or killing an animal.
(6) False imprisonment.
(7) Unlawful entry of the others residence, or forcible entry against the others will if there is a reasonably foreseeable risk of harm to the other from the entry.
κ2023 Statutes of Nevada, Page 1604 (CHAPTER 248, AB 51)κ
(b) Dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.
Sec. 2. NRS 171.137 is hereby amended to read as follows:
171.137 1. Except as otherwise provided in subsection 2, whether or not a warrant has been issued, a peace officer shall, unless mitigating circumstances exist, arrest a person when the peace officer has probable cause to believe that the person to be arrested has [, within the preceding 24 hours,] committed a battery upon his or her spouse, former spouse, any other person to whom he or she is related by blood or marriage, a person with whom he or she has had or is having a dating relationship, a person with whom he or she has a child in common, the minor child of any of those persons, his or her minor child or a person who is the custodian or guardian of his or her minor child [.] :
(a) If the peace officer had a face-to-face encounter with the person to be arrested that was of sufficient duration to determine whether probable cause existed while responding to the initial incident or call for service, within the preceding 24 hours.
(b) If the peace officer did not have a face-to-face encounter with the person to be arrested that was of sufficient duration to determine whether probable cause existed while responding to the initial incident or call for service, within the preceding 7 days.
2. If the peace officer has probable cause to believe that a battery described in subsection 1 was a mutual battery, the peace officer shall attempt to determine which person was the primary physical aggressor. If the peace officer determines that one of the persons who allegedly committed a battery was the primary physical aggressor involved in the incident, the peace officer is not required to arrest any other person believed to have committed a battery during the incident. In determining whether a person is a primary physical aggressor for the purposes of this subsection, the peace officer shall consider:
(a) Prior domestic violence involving either person;
(b) The relative severity of the injuries inflicted upon the persons involved;
(c) The potential for future injury;
(d) Whether one of the alleged batteries was committed in self-defense; and
(e) Any other factor that may help the peace officer decide which person was the primary physical aggressor.
3. A peace officer shall not base a decision regarding whether to arrest a person pursuant to this section on the peace officers perception of the willingness of a victim or a witness to the incident to testify or otherwise participate in related judicial proceedings.
4. Nothing in this section shall be construed to impose liability upon a peace officer or his or her employer for a determination made in good faith by the peace officer not to arrest a person pursuant to this section.
5. The provisions of this section do not apply to:
(a) Siblings, except those siblings who are in a custodial or guardianship relationship with each other; or
(b) Cousins, except those cousins who are in a custodial or guardianship relationship with each other.
κ2023 Statutes of Nevada, Page 1605 (CHAPTER 248, AB 51)κ
6. As used in this section, dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.
Sec. 3. NRS 171.1375 is hereby amended to read as follows:
171.1375 1. Whether or not a warrant has been issued, a peace officer may arrest a person [when the] if the peace officer [has] :
(a) Has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon:
[(a)] (1) A person with whom he or she is actually residing;
[(b)] (2) A sibling, if the person is not the custodian or guardian of the sibling; or
[(c)] (3) A cousin, if the person is not the custodian or guardian of the cousin [.] ; and
(b) Had a face-to-face encounter with the person to be arrested that was of sufficient duration to determine whether probable cause existed while responding to the initial incident or call for service.
2. Whether or not a warrant has been issued, a peace officer may arrest a person if the peace officer:
(a) Has probable cause to believe that the person to be arrested has, within the immediately preceding 7 days, committed a battery upon:
(1) A person with whom he or she is actually residing;
(2) A sibling, if the person is not the custodian or guardian of the sibling; or
(3) A cousin, if the person is not the custodian or guardian of the cousin; and
(b) Did not have a face-to-face encounter with the person to be arrested that was of sufficient duration to determine whether probable cause existed while responding to the initial incident or call for service.
3. Nothing in this section shall be construed to impose liability upon a peace officer or his or her employer for a determination made in good faith by the peace officer not to arrest a person pursuant to this section.
Secs. 4-13. (Deleted by amendment.)
Sec. 13.3. Chapter 49 of NRS is hereby amended by adding thereto a new section to read as follows:
Relevant training means at least 20 cumulative hours of instruction in:
1. Ethics;
2. Civil and criminal laws relating to domestic violence, sexual assault or human trafficking;
3. Relevant laws relating to confidentiality of communication, as defined in NRS 49.2546, and privileges pursuant to this chapter;
4. Trauma-informed care; and
5. Any other relevant topics necessary to meet the needs of victims of domestic violence, sexual assault or human trafficking.
Sec. 13.5. NRS 49.2541 is hereby amended to read as follows:
49.2541 As used in NRS 49.2541 to 49.2549, inclusive, and section 13.3 of this act, the words and terms defined in NRS 49.2542 to 49.2545, inclusive, and section 13.3 of this act have the meanings ascribed to them in those sections.
Sec. 13.7. NRS 49.2545 is hereby amended to read as follows:
49.2545 Victims advocate means a person who has completed relevant training and who [works] , with or without compensation:
κ2023 Statutes of Nevada, Page 1606 (CHAPTER 248, AB 51)κ
1. Works for [a nonprofit program, a] :
(a) A program of a university, state college or community college within the Nevada System of Higher Education [or a] which provides assistance to victims;
(b) A program of a tribal organization which provides assistance to victims [who] ;
(c) An organization which provides services to victims of domestic violence, sexual assault or human trafficking; or
(d) A nonprofit organization which provides assistance to victims; or
2. Provides services to a victim of an alleged incident of sexual misconduct pursuant to NRS 396.125 to 396.1595, inclusive . [, with or without compensation and who has received at least 20 hours of relevant training.]
Sec. 13.9. NRS 49.2546 is hereby amended to read as follows:
49.2546 1. A communication shall be deemed to be confidential if the communication is between a victim and a victims advocate and is not intended to be disclosed to third persons other than:
(a) A person who is present to further the interest of the victim;
(b) A person reasonably necessary for the transmission of the communication; or
(c) A person who is participating in the advice, counseling or assistance of the victim, including, without limitation, a member of the victims family.
2. As used in this section, communication includes, without limitation, all records concerning the victim and the services provided to the victim which are within the possession of:
(a) The victims advocate; or
(b) [The nonprofit] A program [, the program of a university, state college or community college within the Nevada System of Higher Education] or [the program of a tribal] organization described in paragraphs (a) to (d), inclusive, of subsection 1 of NRS 49.2545 for whom the victims advocate works.
Sec. 14. NRS 193.166 is hereby amended to read as follows:
193.166 1. Except as otherwise provided in NRS 193.169, a person who commits a crime that is punishable as a felony, other than a crime that is punishable as a felony pursuant to subsection 6 of NRS 33.400, subsection 5 of NRS 200.378 or subsection 5 of NRS 200.591, in violation of:
(a) A temporary or extended order for protection against domestic violence issued pursuant to NRS 33.020;
(b) An order for protection against harassment in the workplace issued pursuant to NRS 33.270;
(c) A temporary or extended order for the protection of a child issued pursuant to NRS 33.400;
(d) An emergency or extended order for protection against high-risk behavior issued pursuant to NRS 33.570 or 33.580;
(e) An order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS;
(f) A temporary or extended order issued pursuant to NRS 200.378; or
(g) A temporary or extended order issued pursuant to NRS 200.591,
Κ shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison, except as otherwise provided in this subsection, for a minimum term of not less than 1 year and a maximum term of not more than [20] 5 years. If the crime committed by the person is punishable as a category A felony or category B felony, in addition to the term of imprisonment prescribed by statute for that crime, the person shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than [5] 20 years.
κ2023 Statutes of Nevada, Page 1607 (CHAPTER 248, AB 51)κ
person is punishable as a category A felony or category B felony, in addition to the term of imprisonment prescribed by statute for that crime, the person shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than [5] 20 years.
2. In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:
(a) The facts and circumstances of the crime;
(b) The criminal history of the person;
(c) The impact of the crime on any victim;
(d) Any mitigating factors presented by the person; and
(e) Any other relevant information.
Κ The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.
3. The sentence prescribed by this section:
(a) Must not exceed the sentence imposed for the crime; and
(b) Runs concurrently or consecutively with the sentence prescribed by statute for the crime, as ordered by the court.
4. The court shall not grant probation to or suspend the sentence of any person convicted of attempted murder, battery which involves the use of a deadly weapon, battery which results in substantial bodily harm or battery which is committed by strangulation as described in NRS 200.481 or 200.485 if an additional term of imprisonment may be imposed for that primary offense pursuant to this section.
5. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
Sec. 15. (Deleted by amendment.)
Sec. 16. NRS 200.485 is hereby amended to read as follows:
200.485 1. Unless a greater penalty is provided pursuant to subsections 2 to 5, inclusive, or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:
(a) For the first offense within 7 years, is guilty of a misdemeanor and shall be punished by:
(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) Performing not less than 48 hours, but not more than 120 hours, of community service.
Κ 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 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be punished by:
(1) Imprisonment in the city or county jail or detention facility for not less than 20 days, but not more than 6 months; and
(2) Performing not less than 100 hours, but not more than 200 hours, of community service.
Κ The person shall be further punished by a fine of not less than $500, 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 not be less than 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
κ2023 Statutes of Nevada, Page 1608 (CHAPTER 248, AB 51)κ
may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must not be less than 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
(c) For the third offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
2. Unless a greater penalty is provided pursuant to subsection 3 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed by strangulation as described in NRS 200.481, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. Unless a greater penalty is provided pursuant to NRS 200.481, a person who has been previously convicted of:
(a) A felony that constitutes domestic violence pursuant to NRS 33.018;
(b) A battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed with the use of a deadly weapon as described in NRS 200.481; or
(c) A violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in paragraph (a) or (b),
Κ and who commits a battery which constitutes domestic violence pursuant to NRS 33.018 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000, but not more than $5,000.
4. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed against a victim who was pregnant at the time of the battery and the person knew or should have known that the victim was pregnant:
(a) For the first offense, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not less than 20 days and may be further punished by a fine of not less than $500, but not more than $1,000.
(b) For the second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison of a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
5. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery causes substantial bodily harm, is guilty of a category B felony and shall be punished by imprisonment in the state prison of a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
6. In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:
(a) For the first offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
κ2023 Statutes of Nevada, Page 1609 (CHAPTER 248, AB 51)κ
than 6 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
(b) For the second offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
Κ If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
7. Except as otherwise provided in this subsection, an offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section:
(a) When evidenced by a conviction; or
(b) If the offense is conditionally dismissed or the judgment of conviction is set aside pursuant to NRS 176A.240, 176A.260 or 176A.290 or dismissed in connection with successful completion of a diversionary program or specialty court program,
Κ without regard to the sequence of the offenses and convictions. An offense which is listed in paragraph (a), (b) or (c) of subsection 3 that occurred on any date preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
8. In addition to any other penalty, the court may require such a person to participate, at his or her expense, in a program of treatment for an alcohol or other substance use disorder that has been certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.
9. If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of the convicted persons ability to pay.
10. If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018 that is punishable as a misdemeanor and may prohibit the person from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360, the person is entitled to a trial by jury pursuant to subsection 1 of NRS 175.011, regardless of whether the person was previously prohibited from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360.
11. A court [:
κ2023 Statutes of Nevada, Page 1610 (CHAPTER 248, AB 51)κ
(a) Except as otherwise provided in paragraph (b),] shall not grant probation to or suspend the sentence of a person [described in subsection 10.
(b) May grant probation to or suspend the sentence of a person described in subsection 10:
(1) As set forth in NRS 4.373 and 5.055; or
(2) To assign the person to a program for the treatment of veterans and members of the military pursuant to NRS 176A.290 if the charge is for a first offense punishable as a misdemeanor.] convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 that is punishable as a felony.
12. In every judgment of conviction or admonishment of rights issued pursuant to this section, the court shall:
(a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her custody or control any firearm pursuant to NRS 202.360; and
(b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in NRS 202.361.
13. A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
14. As used in this section:
(a) Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
(b) Battery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(c) Offense includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.
Secs. 17-20. (Deleted by amendment.)
Sec. 21. Notwithstanding the amendatory provisions of sections 13.3 to 13.9, inclusive, of this act, until January 1, 2024, the privilege established in NRS 49.2546, as that section existed before October 1, 2023, shall be deemed to apply to a communication between a victim and a victims advocate, as provided in NRS 49.2541 to 49.2549, inclusive, regardless of whether or not the victims advocate has completed the required relevant training, as defined in section 13.3 of this act, before October 1, 2023, if the victims advocate was serving as a victims advocate before October 1, 2023.
________
κ2023 Statutes of Nevada, Page 1611κ
Assembly Bill No. 49Committee on Judiciary
CHAPTER 249
[Approved: June 9, 2023]
AN ACT relating to criminal procedure; authorizing certain persons to file and serve certain documents by electronic means; prescribing separate forms for certain postconviction petitions for a writ of habeas corpus; revising various provisions relating to postconviction petitions for a writ of habeas corpus; eliminating the requirement that the respondent to a postconviction petition for a writ of habeas corpus file a return with the court; revising provisions relating to a petition for a hearing to establish the factual innocence of a person; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes an offender who is convicted of a crime and under a sentence of death or imprisonment to file a postconviction petition for a writ of habeas corpus to challenge: (1) the validity of a judgment of conviction; or (2) the computation of time that the person has served pursuant to a judgment of conviction. (NRS 34.724) Existing law also authorizes a person who has been convicted of a felony to file a petition for a hearing to establish the factual innocence of the person based on newly discovered evidence. (NRS 34.960) Section 2 of this bill defines the term prosecuting agency for the purpose of clarifying certain requirements relating to such petitions. Sections 5, 10, 11, 13 and 20-24 of this bill make conforming changes to substitute the defined term where appropriate.
Sections 3 and 11 of this bill prescribe separate and distinct forms for a petition for a writ of habeas corpus that challenges the computation of time that a person has served pursuant to a judgment of conviction and a petition for a writ of habeas corpus that challenges the validity of a judgment of conviction, respectively. Section 10 of this bill makes a conforming change by requiring each type of petition to be: (1) appropriately titled; and (2) in substantially the form prescribed by sections 3 and 11. Section 2.5 of this bill authorizes a petitioner, under certain circumstances, to file and serve upon certain persons each type of petition by electronic means. Under section 2.5, the following may be filed or served by electronic means: (1) a response or answer filed by a prosecuting agency; (2) a copy of any decision or order served by the clerk of the court upon the petitioner or petitioners attorney; and (3) a notice of a decision or order delivered to the petitioner or petitioners attorney. Sections 6, 7 and 17 of this bill make conforming changes to indicate the proper placement of sections 2.5 and 3 in the Nevada Revised Statutes.
Section 8 of this bill makes a nonsubstantive change to clarify that a person may file a postconviction petition for a writ of habeas corpus without paying a filing fee. Sections 9, 10, 12-14, 16, 18, 19, 24.1-24.3, 24.5 and 24.6 of this bill make certain other nonsubstantive changes in statutes concerning postconviction petitions.
Existing law requires the respondent on a postconviction petition for a writ of habeas corpus to file with the court: (1) a return, which includes certain information relating to the basis on which the respondent has the petitioner in his or her custody or power; and (2) an answer responding to the allegations of the petition. (NRS 34.430, 34.745) Section 26 of this bill repeals the requirement that the respondent file a return with the court. Section 15 of this bill requires instead that the response or answer filed by the respondent include the information contained in a return under existing law. Sections 13, 14 and 16 make conforming changes relating to the elimination of the requirement that a respondent file a return with the court.
κ2023 Statutes of Nevada, Page 1612 (CHAPTER 249, AB 49)κ
Existing law provides that: (1) certain written motions, written notices, designations of record on appeal and similar papers must be served upon each of the parties in a criminal proceeding and filed with the court; and (2) with certain exceptions, any papers required to be served must be filed with the court in the manner provided in civil actions. (NRS 178.582, 178.584, 178.588) Section 24.4 of this bill authorizes a person, under certain circumstances, to file and send or receive service of a motion, notice or other legal document through electronic means.
Section 25 of this bill makes the amendatory provisions of this bill applicable to a postconviction petition for a writ of habeas corpus filed on or after July 1, 2023.
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 34 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 2.5 and 3 of this act.
Sec. 2. As used in this chapter, prosecuting agency means:
1. The district attorney of the county in which the judgment of conviction or sentence being challenged in a petition for a writ of habeas corpus was obtained, if the district attorney or a deputy district attorney prosecuted the petitioner in the original proceeding which led to the judgment of conviction or sentence; or
2. The Attorney General, if the Attorney General or a deputy attorney general prosecuted the petitioner in the original proceeding which led to the judgment of conviction or sentence being challenged in a petition for a writ of habeas corpus.
Sec. 2.5. 1. A petition that challenges the computation of time that the petitioner has served pursuant to a judgment of conviction or that challenges the validity of a judgment of conviction may be served by electronic means upon the officer or other person by whom the petitioner is confined or restrained. A copy of the petition may also be served by electronic means upon the Attorney General or any other prosecuting agency.
2. A petition filed with the clerk of the district court for the county in which the conviction occurred pursuant to NRS 34.738 may be filed electronically.
3. A response or answer to a petition filed by a prosecuting agency pursuant to NRS 34.745 may be filed electronically.
4. A decision or order prepared by the court pursuant to NRS 34.830 may be filed electronically. A copy of the decision or order may be served by electronic means upon the petitioner and the petitioners counsel. A notice of a decision or order may be electronically delivered to the petitioner by the clerk of the court.
5. The clerk of the court may accept a petition and a response or answer to the petition that is filed electronically. A petition, response or answer that is filed electronically may be converted into a printed document and served upon a respondent or petitioner, as applicable, in the same manner as a petition, response or answer that is not filed electronically.
6. A petition, response, answer, order or decision that is filed electronically shall be deemed to be filed on the date that it is filed electronically if it is filed not later than 11:59 p.m. on that date.
Sec. 3. A petition for a writ of habeas corpus that challenges the computation of time that the petitioner has served pursuant to a judgment of conviction must be in substantially the following form, with appropriate modifications if the petition is filed in the Court of Appeals or the Supreme Court:
κ2023 Statutes of Nevada, Page 1613 (CHAPTER 249, AB 49)κ
conviction must be in substantially the following form, with appropriate modifications if the petition is filed in the Court of Appeals or the Supreme Court:
Case No. ..................................
Dept. No. ..................................
IN THE .................. JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF..................
Petitioner,
v. PETITION FOR WRIT
OF HABEAS CORPUS
(COMPUTATION OF TIME)
Respondent.
INSTRUCTIONS:
(1) Use this form if you are currently serving a sentence pursuant to a judgment of conviction and are challenging the postconviction computation of your time served, the revocation of your parole or the forfeiture of your credits. Do not use this form if you are requesting relief from a judgment of conviction.
(2) This petition must be legibly handwritten or typewritten, signed by the petitioner and verified.
(3) You must include facts which support your grounds for relief. You do not need to cite law or authorities. You may submit additional pages if necessary with this form.
(4) If you want an attorney appointed, you must complete an Affidavit in Support of Request to Proceed in Forma Pauperis. An authorized officer at the prison must complete the certificate as to the amount of money and securities on deposit to your credit in any account in the institution.
(5) You must name as respondent the person by whom you are confined or restrained. If you are in a specific institution of the Department of Corrections, name the warden or head of the institution. If you are not in a specific institution of the Department but:
(a) Within its custody, name the Director of the Department of Corrections.
(b) Under the supervision of the Division of Parole and Probation of the Department of Public Safety, name the probation officer or parole officer assigned to you at this time.
(6) You must include all grounds for relief which you may have regarding the computation of time served on your sentence. Failure to raise all grounds in this petition may preclude you from filing future petitions challenging the same computation of time issue.
(7) You must allege specific facts supporting the claims in this petition. Failure to allege specific facts rather than just conclusions may cause your petition to be dismissed.
κ2023 Statutes of Nevada, Page 1614 (CHAPTER 249, AB 49)κ
(8) When the petition is fully completed, the original and one copy must be filed with the clerk of the state district court for the county in which you are incarcerated, or, if you are incarcerated outside this State, the First Judicial District Court in and for Carson City. One copy must be mailed or electronically delivered to the respondent and one copy must be mailed or electronically delivered to the Attorney Generals Office. Copies must conform in all particulars to the original submitted for filing.
PETITION
1. Name of institution and county in which you are presently imprisoned or where and how you are presently restrained of your liberty: .................................................................................................
2. Name and location of court that sentenced you: ........................
3. Case number: ....................................................................................
4. Date of judgment of conviction: ....................................................
5. (a) Nature of the underlying offense involved in the sentence being challenged in this petition:
(b) Date on which the underlying offense involved in the sentence being challenged in this petition was committed:
6. Length of sentence being challenged in this petition:................
7. Are you presently serving a sentence other than the sentence being challenged in this petition? Yes ........ No ........
If yes, list each crime, case number and sentence being served at this time:
8. Have your sentences been aggregated? Yes ........ No ........
If yes, list each case number and sentence, the terms of which have been aggregated:
9. Do you have any future sentences to serve after you complete the sentence being challenged in this petition (whether in the same judgment or a different judgment)? Yes ........ No ........
If yes, specify where and when it is to be served, if you know: ..........
10. Have you had a parole hearing relating to the sentence you are challenging in this petition? Yes ........ No ........
If yes, give the following information:
(a) Date of most recent parole hearing: ..............................................
(b) Outcome of most recent parole hearing: ......................................
(c) Date on which the rehearing is to be held, if you know: ...........
11. Are you challenging a decision of the State Board of Parole Commissioners to revoke your parole? Yes ........ No ........
If yes, give the following information:
(a) Date of revocation hearing: ............................................................
(b) Date on which your next parole hearing is scheduled, if you know:
κ2023 Statutes of Nevada, Page 1615 (CHAPTER 249, AB 49)κ
(c) Did you forfeit any credit as a result of the revocation of parole? Yes ........ No ........
(d) If you forfeited any credit as a result of the revocation of parole, has any of the credit forfeited been restored? Yes ........ No ........
12. Are you challenging a disciplinary sanction? Yes ........ No ........
If yes, give the following information:
(a) Date on which you were served with a notice of the disciplinary offense charged:
(b) Date on which the disciplinary hearing involving the charged offense was conducted:
(c) Did you forfeit any credit as a result of the disciplinary hearing? Yes ........ No ........
(d) If you forfeited any credit as a result of the disciplinary hearing, has any of the credit forfeited been restored? Yes ........ No ........
13. Have you previously filed any petitions, applications or motions with respect to the challenge raised in this petition in any court, state or federal? Yes ........ No ........
14. If your answer to No. 13 was yes, give the following information:
(a) (1) Name of court: ............................................................................
(2) Nature of proceeding: ...............................................................
(3) Grounds raised: ..........................................................................
(4) Did you receive an evidentiary hearing on your petition, application or motion? Yes ........ No ........
(5) Result: ..........................................................................................
(6) Date of result: .............................................................................
(7) If known, citations of any written opinion or date of orders entered pursuant to such result:
(b) As to any second or subsequent additional petitions, applications or motions, give the same information as above, list them on a separate sheet and attach.
(c) Did you appeal to the highest state or federal court having jurisdiction, the result or action taken on any petition, application or motion?
(1) First petition, application or motion? Yes ........ No ........
Citation or date of decision: ......................................................
(2) Second or subsequent petitions, applications or motions? Yes ........ No ........
Citation or date of decision: ......................................................
(d) If you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did not. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)
κ2023 Statutes of Nevada, Page 1616 (CHAPTER 249, AB 49)κ
15. Do you have any petition or appeal now pending in any court, state or federal, regarding the computation of time you are challenging in this petition? Yes ........ No ........
If yes, give the following information:
(a) Name of court: ..................................................................................
(b) Case number: ....................................................................................
16. Have you filed a grievance raising the same computation of time issue as you are raising in this petition? Yes ........ No ........
17. If your answer to No. 16 was yes, answer the following:
(a) Number assigned to your grievance: ............................................
(b) Result of grievance: .........................................................................
(c) Did you complete all levels of the grievance procedure? Yes ........ No ........
(d) If you did not complete all levels of the grievance procedure, explain briefly why you did not:
18. If any of the grounds being raised in this petition have been submitted for review and resolution by way of the grievance process, explain why you are again raising these grounds. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.) .....................................
19. State concisely every ground on which you claim that the computation of time you have served has been improperly computed. Summarize briefly the facts supporting each ground. If necessary you may attach pages stating additional grounds and facts supporting the same.
(a) Ground one: ......................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):
(b) Ground two: .......................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):
(c) Ground three: ....................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):
(d) Ground four: .....................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):
κ2023 Statutes of Nevada, Page 1617 (CHAPTER 249, AB 49)κ
WHEREFORE, petitioner prays that the court grant petitioner relief to which petitioner may be entitled in this proceeding.
EXECUTED at ................... on the ....... day of the month of ....... of the year .......
Signature of petitioner
Address
Signature of attorney (if any)
Attorney for petitioner
Address
VERIFICATION
Under penalty of perjury, the undersigned declares that the undersigned is the petitioner named in the foregoing petition and knows the contents thereof; that the pleading is true of the undersigneds own knowledge, except as to those matters stated on information and belief, and as to such matters the undersigned believes them to be true.
Petitioner
Attorney for petitioner
CERTIFICATE OF SERVICE
(PLEASE SIGN THE APPROPRIATE METHOD YOU WISH TO USE)
CERTIFICATE OF SERVICE BY MAIL
I, ................................, hereby certify, pursuant to N.R.C.P. 5(b), that on this ........ day of the month of ........ of the year ........, I mailed a true and correct copy of the foregoing PETITION FOR WRIT OF HABEAS CORPUS (COMPUTATION OF TIME) addressed to:
.........................................................................................................
Respondent prison or jail official
.........................................................................................................
Address
.........................................................................................................
Attorney General
100 North Carson Street
Carson City, Nevada 89701
Signature of Petitioner
κ2023 Statutes of Nevada, Page 1618 (CHAPTER 249, AB 49)κ
CERTIFICATE OF SERVICE BY ELECTRONIC MEANS
I, ................................, hereby certify that on this ........ day of the month of ........ of the year ........, I electronically delivered a true and correct copy of the foregoing PETITION FOR WRIT OF HABEAS CORPUS (COMPUTATION OF TIME) addressed to:
.........................................................................................................
Respondent prison or jail official
.........................................................................................................
Electronic mail address or other
electronic means for service
.........................................................................................................
Attorney General
100 North Carson Street
Carson City, Nevada 89701
Signature of Petitioner
Sec. 4. NRS 34.370 is hereby amended to read as follows:
34.370 1. A petition for a writ of habeas corpus must be verified by the petitioner or the petitioners counsel. If the petition is verified by counsel, counsel shall also verify that the petitioner personally authorized counsel to commence the action.
2. A verified petition for issuance of a writ of habeas corpus must specify that the petitioner is imprisoned or restrained of the petitioners liberty, the officer or other person by whom the petitioner is confined or restrained, and the place where the petitioner is confined, naming all the parties if they are known, or describing them if they are not known.
3. If the petitioner claims that the imprisonment is illegal, the petitioner must state facts which show that the restraint or detention is illegal.
4. If the petition requests relief from a judgment of conviction or sentence in a criminal case, the petition must identify the proceedings in which the petitioner was convicted, give the date of entry of the final judgment and set forth which constitutional rights of the petitioner were violated and the acts constituting violations of those rights. Affidavits, records or other evidence supporting the allegations in the petition must be attached unless the petition recites the cause for failure to attach these materials. The petition must identify any previous proceeding in state or federal court initiated by the petitioner to secure relief from the petitioners judgment of conviction or sentence. Argument, citations and other supporting documents are unnecessary.
Sec. 5. NRS 34.700 is hereby amended to read as follows:
34.700 1. Except as provided in subsection 3, a pretrial petition for a writ of habeas corpus based on alleged lack of probable cause or otherwise challenging the courts right or jurisdiction to proceed to the trial of a criminal charge may not be considered unless:
(a) The petition and all supporting documents are filed within 21 days after the first appearance of the accused in the district court; and
(b) The petition contains a statement that the accused:
κ2023 Statutes of Nevada, Page 1619 (CHAPTER 249, AB 49)κ
(1) Waives the 60-day limitation for bringing an accused to trial; or
(2) If the petition is not decided within 15 days before the date set for trial, consents that the court may, without notice or hearing, continue the trial indefinitely or to a date designated by the court.
2. The arraignment and entry of a plea by the accused must not be continued to avoid the requirement that a pretrial petition be filed within the period specified in subsection 1.
3. The court may extend, for good cause, the time to file a petition. Good cause shall be deemed to exist if the transcript of the preliminary hearing or of the proceedings before the grand jury is not available within 14 days after the accuseds initial appearance and the court shall grant an ex parte application to extend the time for filing a petition. All other applications may be made only after appropriate notice has been given to the prosecuting [attorney.] agency.
Sec. 6. NRS 34.720 is hereby amended to read as follows:
34.720 The provisions of NRS 34.720 to 34.830, inclusive, and sections 2.5 and 3 of this act apply only to petitions for writs of habeas corpus in which the petitioner:
1. Requests relief from a judgment of conviction or sentence in a criminal case; or
2. Challenges the computation of time that the petitioner has served pursuant to a judgment of conviction.
Sec. 7. NRS 34.722 is hereby amended to read as follows:
34.722 As used in NRS 34.720 to 34.830, inclusive, and sections 2.5 and 3 of this act, unless the context otherwise requires, petition means a [postconviction] petition [for habeas corpus] to obtain relief from a judgment of conviction or sentence or to challenge the computation of time a person has served filed pursuant to NRS 34.724.
Sec. 8. NRS 34.724 is hereby amended to read as follows:
34.724 1. Any person convicted of a crime and under sentence of death or imprisonment who claims that the conviction was obtained, or that the sentence was imposed, in violation of the Constitution of the United States or the Constitution or laws of this State, or who, after exhausting all available administrative remedies, claims that the time the person has served pursuant to the judgment of conviction has been improperly computed [,] may [, without paying a filing fee,] file a [postconviction] petition [for a writ of habeas corpus] to obtain relief from the judgment of conviction or sentence or to challenge the computation of time that the person has served. A person must not be required to pay a filing fee to file such a petition.
2. Such a petition:
(a) Is not a substitute for and does not affect any remedies which are incident to the proceedings in the trial court or the remedy of direct review of the sentence or conviction.
(b) Comprehends and takes the place of all other common-law, statutory or other remedies which have been available for challenging the validity of the judgment of conviction or sentence, and must be used exclusively in place of them.
(c) Is the only remedy available to an incarcerated person to challenge the computation of time that the person has served pursuant to a judgment of conviction, after all available administrative remedies have been exhausted.
κ2023 Statutes of Nevada, Page 1620 (CHAPTER 249, AB 49)κ
3. For the purposes of this section, a motion to withdraw a plea of guilty, guilty but mentally ill or nolo contendere pursuant to NRS 176.165 that is made after sentence is imposed or imposition of sentence is suspended is a remedy which is incident to the proceedings in the trial court if:
(a) The person has not filed a prior motion to withdraw the plea and has not filed a prior [postconviction] petition ; [for a writ of habeas corpus;]
(b) The motion is filed within 1 year after the date on which the person was convicted, unless the person pleads specific facts demonstrating that some impediment external to the defense precluded bringing the motion earlier;
(c) At the time the person files the motion to withdraw the plea, the person is not incarcerated for the charge for which the person entered the plea; and
(d) The motion is not barred by the doctrine of laches. A motion filed more than 5 years after the date on which the person was convicted creates a rebuttable presumption of prejudice to the State on the basis of laches.
4. The court shall not appoint counsel to represent a person for the purpose of subsection 3.
Sec. 9. NRS 34.726 is hereby amended to read as follows:
34.726 1. Unless there is good cause shown for delay, a petition that challenges the validity of a judgment of conviction or sentence must be filed within 1 year after entry of the judgment of conviction or, if an appeal has been taken from the judgment, within 1 year after the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution issues its remittitur. For the purposes of this subsection, good cause for delay exists if the petitioner demonstrates to the satisfaction of the court:
(a) That the delay is not the fault of the petitioner; and
(b) That dismissal of the petition as untimely will unduly prejudice the petitioner.
2. The execution of a sentence must not be stayed for the period provided in subsection 1 solely because a petition may be filed within that period. A stay of sentence must not be granted unless:
(a) A petition is actually filed; and
(b) The petitioner establishes a compelling basis for the stay.
Sec. 10. NRS 34.730 is hereby amended to read as follows:
34.730 1. A petition must be verified by the petitioner or the petitioners counsel. If the petition is verified by counsel, counsel shall also verify that the petitioner personally authorized counsel to commence the action.
2. A petition that challenges:
(a) The computation of time that the petitioner has served pursuant to a judgment of conviction must be titled Petition for Writ of Habeas Corpus (Computation of Time) and be in substantially the form set forth in section 3 of this act.
(b) The [petition] validity of a judgment of conviction or sentence must be titled Petition for Writ of Habeas Corpus [(Postconviction)] (Validity of Judgment of Conviction or Sentence) and be in substantially the form set forth in NRS 34.735. [The]
3. A petition must name as respondent and be served by mail or electronic means upon the officer or other person by whom the petitioner is confined or restrained. A copy of the petition must be served by mail or electronic means upon [:
κ2023 Statutes of Nevada, Page 1621 (CHAPTER 249, AB 49)κ
(a) The] the Attorney General [;] and
[(b) In the case of a petition challenging the validity of a judgment of conviction or sentence, the district attorney in the county in which the petitioner was convicted.] , if applicable, any other prosecuting agency.
[3.] 4. Except as otherwise provided in this subsection, the clerk of the district court shall file a petition as a new action separate and distinct from any original proceeding in which a conviction has been had. If a petition challenges the validity of a judgment of conviction or sentence, it must be:
(a) Filed with the record of the original proceeding to which it relates; and
(b) Whenever possible, assigned to the original judge or court.
[4.] 5. No hearing upon the petition may be set until the requirements of NRS 34.740 to 34.770, inclusive, are satisfied.
Sec. 11. NRS 34.735 is hereby amended to read as follows:
34.735 A petition that challenges the validity of a judgment of conviction or sentence must be in substantially the following form, with appropriate modifications if the petition is filed in the Court of Appeals or the Supreme Court:
Case No. ..................................
Dept. No. ..................................
IN THE .................. JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR THE COUNTY OF..................
Petitioner,
v. PETITION FOR WRIT
OF HABEAS CORPUS
[(POSTCONVICTION)]
(VALIDITY OF
JUDGMENT OF
CONVICTION
OR SENTENCE)
Respondent.
INSTRUCTIONS:
(1) Use this form if you are currently serving a sentence pursuant to a judgment of conviction and are seeking relief from your judgment of conviction or sentence. Do not use this form if you are challenging the postconviction computation of your time served.
(2) This petition must be legibly handwritten or typewritten, signed by the petitioner and verified.
[(2)] (3) Additional pages are not permitted except where noted or with respect to the facts [which you rely upon to] that support your grounds for relief. [No citation of authorities need be furnished.] You are not required to cite to law or authorities. If you submit briefs or arguments , [are submitted,] they [should be submitted in the form of] must be in a separate memorandum.
[(3)] (4) If you want an attorney appointed, you must complete [the] an Affidavit in Support of Request to Proceed in Forma Pauperis. [You must have an] An authorized officer at the prison must complete the certificate as to the amount of money and securities on deposit to your credit in any account in the institution.
κ2023 Statutes of Nevada, Page 1622 (CHAPTER 249, AB 49)κ
the certificate as to the amount of money and securities on deposit to your credit in any account in the institution.
[(4)] (5) You must name as respondent the person by whom you are confined or restrained. If you are in a specific institution of the Department of Corrections, name the warden or head of the institution. If you are not in a specific institution of the Department but within its custody, name the Director of the Department of Corrections.
[(5)] (6) You must include all grounds [or claims] for relief which you may have regarding your judgment of conviction or sentence. Failure to raise all grounds in this petition may preclude you from filing future petitions challenging your judgment of conviction and sentence.
[(6)] (7) You must allege specific facts supporting the claims in [the] this petition . [you file seeking relief from any conviction or sentence.] Failure to allege specific facts rather than just conclusions may cause your petition to be dismissed. If your petition contains a claim of ineffective assistance of counsel, that claim will operate to waive the attorney-client privilege for the proceeding in which you claim your counsel was ineffective.
[(7)] (8) When the petition is fully completed, the original and one copy must be filed with the clerk of the state district court for the county in which you were convicted. One copy must be mailed or electronically delivered to the respondent, one copy to the Attorney Generals Office, and one copy to the [district attorney of the county in which you were convicted or to the original prosecutor if you are challenging your original conviction or sentence.] prosecuting agency. Copies must conform in all particulars to the original submitted for filing.
PETITION
1. Name of institution and county in which you are presently imprisoned or where and how you are presently restrained of your liberty: ......................................................................................................
2. Name and location of court which entered the judgment of conviction [under attack:] being challenged:
3. Date of judgment of conviction: .....................................................
4. Case number: .....................................................................................
5. (a) Length of sentence: ....................................................................
(b) If sentence is death, state any date upon which execution is scheduled:
6. Are you presently serving a sentence for a judgment of conviction other than the judgment of conviction [under attack] you are challenging in this [motion?] petition? Yes ........ No ........
If yes, list each crime, case number and sentence being served at this time:
7. Nature of offense involved in the judgment of conviction being challenged:
κ2023 Statutes of Nevada, Page 1623 (CHAPTER 249, AB 49)κ
8. What was your plea? (check one)
(a) Not guilty ........
(b) Guilty ........
(c) Guilty but mentally ill ........
(d) Nolo contendere ........
9. If you entered a plea of guilty or guilty but mentally ill to one count of an indictment or information, and a plea of not guilty to another count of an indictment or information, or if a plea of guilty or guilty but mentally ill was negotiated, give details:
10. If you were found guilty or guilty but mentally ill after a plea of not guilty, was the finding made by: (check one)
(a) Jury ........
(b) Judge without a jury ........
11. Did you testify at the trial? Yes ........ No ........
12. Did you appeal from the judgment of conviction? Yes ........ No ........
13. If you did appeal, answer the following:
(a) Name of court: ...................................................................................
(b) Case number or citation: ..................................................................
(c) Result: .................................................................................................
(d) Date of result: ....................................................................................
(Attach copy of order or decision, if available.)
14. If you did not appeal, explain briefly why you did not: ............
15. Other than a direct appeal from the judgment of conviction , [and sentence,] have you previously filed any petitions, applications or motions with respect to this judgment in any court, state or federal? Yes ........ No ........
16. If your answer to No. 15 was yes, give the following information:
(a) (1) Name of court: .............................................................................
(2) Nature of proceeding: .................................................................
(3) Grounds raised: ...........................................................................
(4) Did you receive an evidentiary hearing on your petition, application or motion? Yes ........ No ........
(5) Result: ...........................................................................................
(6) Date of result: ..............................................................................
(7) If known, citations of any written opinion or date of orders entered pursuant to such result:
(b) As to any second petition, application or motion, give the same information:
(1) Name of court: .............................................................................
(2) Nature of proceeding: .................................................................
(3) Grounds raised: ...........................................................................
(4) Did you receive an evidentiary hearing on your petition, application or motion? Yes ........ No ........
κ2023 Statutes of Nevada, Page 1624 (CHAPTER 249, AB 49)κ
(5) Result: ...........................................................................................
(6) Date of result: ..............................................................................
(7) If known, citations of any written opinion or date of orders entered pursuant to such result:
(c) As to any third or subsequent additional applications or motions, give the same information as above, list them on a separate sheet and attach.
(d) Did you appeal to the highest state or federal court having jurisdiction, the result or action taken on any petition, application or motion?
(1) First petition, application or motion? Yes ........ No ........
Citation or date of decision: .......................................................
(2) Second petition, application or motion? Yes ........ No .........
Citation or date of decision: .......................................................
(3) Third or subsequent petitions, applications or motions? Yes ........ No ........
Citation or date of decision: .......................................................
(e) If you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did not. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)
17. Has any ground being raised in this petition been previously presented to this or any other court by way of petition for habeas corpus, motion, application or any other postconviction proceeding? If so, identify:
(a) Which of the grounds is the same: ..................................................
(b) The proceedings in which these grounds were raised: .................
(c) Briefly explain why you are again raising these grounds. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.) ...............................................
18. If any of the grounds listed in Nos. 23(a), (b), (c) and (d), or listed on any additional pages you have attached, were not previously presented in any other court, state or federal, list briefly what grounds were not so presented, and give your reasons for not presenting them. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)
19. Are you filing this petition more than 1 year following the filing of the judgment of conviction or the filing of a decision on direct appeal? If so, state briefly the reasons for the delay. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition.
κ2023 Statutes of Nevada, Page 1625 (CHAPTER 249, AB 49)κ
included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.) ..........................................................................
20. Do you have any petition or appeal now pending in any court, either state or federal, as to the judgment [under attack?] of conviction you are challenging in this petition? Yes ........ No ........
If yes, state what court and the case number: ..............................................
21. Give the name of each attorney who represented you in the proceeding resulting in your judgment of conviction and on direct appeal: ...................................................................................................
22. Do you have any future sentences to serve after you complete the sentence imposed by the judgment [under attack?] of conviction you are challenging in this petition? Yes ........ No ........
If yes, specify where and when it is to be served, if you know: ...............
23. State concisely every ground on which you claim that you are being held unlawfully. Summarize briefly the facts supporting each ground. If necessary you may attach pages stating additional grounds and facts supporting the same.
(a) Ground one: ........................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):
(b) Ground two: .......................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):
(c) Ground three: .....................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):
(d) Ground four: ......................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):
κ2023 Statutes of Nevada, Page 1626 (CHAPTER 249, AB 49)κ
WHEREFORE, petitioner prays that the court grant petitioner relief to which petitioner may be entitled in this proceeding.
EXECUTED at ................... on the ....... day of the month of ....... of the year .......
Signature of petitioner
Address
Signature of attorney (if any)
Attorney for petitioner
Address
VERIFICATION
Under penalty of perjury, the undersigned declares that the undersigned is the petitioner named in the foregoing petition and knows the contents thereof; that the pleading is true of the undersigneds own knowledge, except as to those matters stated on information and belief, and as to such matters the undersigned believes them to be true.
Petitioner
Attorney for petitioner
CERTIFICATE OF SERVICE
(PLEASE SIGN THE APPROPRIATE METHOD OF SERVICE YOU WISH TO USE)
CERTIFICATE OF SERVICE BY MAIL
I, ................................, hereby certify, pursuant to N.R.C.P. 5(b), that on this ........ day of the month of ........ of the year ........, I mailed a true and correct copy of the foregoing PETITION FOR WRIT OF HABEAS CORPUS (VALIDITY OF JUDGMENT OF CONVICTION OR SENTENCE) addressed to:
.........................................................................................................
Respondent prison or jail official
.........................................................................................................
Address
.........................................................................................................
Attorney General
[Heroes Memorial Building]
κ2023 Statutes of Nevada, Page 1627 (CHAPTER 249, AB 49)κ
[Capitol Complex] 100 North Carson Street
Carson City, Nevada [89710] 89701
.........................................................................................................
District Attorney of County of Conviction
.........................................................................................................
Address
Signature of Petitioner
CERTIFICATE OF SERVICE BY ELECTRONIC MEANS
I, ................................, hereby certify that on this ........ day of the month of ........ of the year ........, I electronically delivered a true and correct copy of the foregoing PETITION FOR WRIT OF HABEAS CORPUS (VALIDITY OF JUDGMENT OF CONVICTION OR SENTENCE) addressed to:
.........................................................................................................
Respondent prison or jail official
.........................................................................................................
Electronic mail address or other
electronic means for service
.........................................................................................................
Attorney General
100 North Carson Street
Carson City, Nevada 89701
.........................................................................................................
District Attorney of County of Conviction
.........................................................................................................
Address
Signature of Petitioner
Sec. 12. NRS 34.738 is hereby amended to read as follows:
34.738 1. A petition that challenges the validity of a judgment of conviction or sentence must be filed with the clerk of the district court for the county in which the conviction occurred. Any other petition must be filed with the clerk of:
(a) The district court for the county in which the petitioner is incarcerated; or
(b) The First Judicial District Court in and for Carson City, if the petitioner is incarcerated outside this State while serving a term of imprisonment imposed by a court of this State.
2. A petition that is not filed in the district court for the appropriate county:
(a) Shall be deemed to be filed on the date it is received by the clerk of the district court in which the petition is initially lodged; and
(b) Must be transferred by the clerk of that court to the clerk of the district court for the appropriate county.
κ2023 Statutes of Nevada, Page 1628 (CHAPTER 249, AB 49)κ
3. A petition must not challenge both the validity of a judgment of conviction or sentence and the computation of time that the petitioner has served pursuant to [that] a judgment [.] of conviction. If a petition improperly challenges both the validity of a judgment of conviction or sentence and the computation of time that the petitioner has served pursuant to [that] a judgment [,] of conviction, the district court for the appropriate county shall resolve that portion of the petition that challenges the validity of the judgment of conviction or sentence and dismiss the remainder of the petition without prejudice.
Sec. 13. NRS 34.745 is hereby amended to read as follows:
34.745 1. [If a petition challenges the validity of a judgment of conviction or sentence and is the first petition filed by the petitioner, the] The judge or justice shall order the [district attorney or the Attorney General, whichever is appropriate,] prosecuting agency to:
(a) File [:
(1) A] a response or an answer to the petition [; and
(2) If an evidentiary hearing is required pursuant to NRS 34.770, a return,
Κ] within 45 days or a longer period fixed by the judge or justice; or
(b) Take other action that the judge or justice deems appropriate.
2. [If a petition challenges the computation of time that the petitioner has served pursuant to a judgment of conviction, the judge or justice shall order the Attorney General to:
(a) File:
(1) A response or an answer to the petition; and
(2) A return,
Κ within 45 days or a longer period fixed by the judge or justice.
(b) Take other action that the judge or justice deems appropriate.
3.] An order entered pursuant to subsection 1 [or 2] must be in substantially the following form, with appropriate modifications if the order is entered by a judge of the Court of Appeals or a justice of the Supreme Court:
Case No...................................................................
Dept. No..................................................................
IN THE .................. JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR THE COUNTY OF ..................
Petitioner,
v. ORDER
Respondent.
Petitioner filed a petition for a writ of habeas corpus on ..... (month) ..... (day), ..... (year). The court has reviewed the petition and has determined that a response would assist the court in determining whether petitioner is illegally imprisoned and restrained of petitioners liberty. Respondent shall, within 45 days after the date of this order, answer or otherwise respond to the petition [and file a return] in accordance with the provisions of NRS 34.360 to 34.830, inclusive [.]
κ2023 Statutes of Nevada, Page 1629 (CHAPTER 249, AB 49)κ
answer or otherwise respond to the petition [and file a return] in accordance with the provisions of NRS 34.360 to 34.830, inclusive [.] , and section 3 of this act.
Dated ..... (month) ..... (day), ..... (year)
District Judge
Κ A copy of the order must be served on the petitioner or the petitioners counsel, the respondent, the Attorney General and [the district attorney of the county in which the petitioner was convicted.
4.] , if applicable, any other prosecuting agency.
3. If the petition is a second or successive petition challenging the validity of a judgment of conviction or sentence and if it plainly appears from the face of the petition or an amended petition and documents and exhibits that are annexed to it, or from records of the court that the petitioner is not entitled to relief based on any of the grounds set forth in subsection [2] 3 of NRS 34.810, the judge or justice shall enter an order for its summary dismissal and cause the petitioner to be notified of the entry of the order.
[5.] 4. If the judge or justice relies on the records of the court in entering an order pursuant to this section, those records must be made a part of the record of the proceeding before entry of the order.
Sec. 14. NRS 34.750 is hereby amended to read as follows:
34.750 1. A petition may allege that the petitioner is unable to pay the costs of the proceedings or to employ counsel. If the court is satisfied that the allegation of indigency is true and the petition is not dismissed summarily, the court may appoint counsel to represent the petitioner. In making its determination, the court may consider, among other things, the severity of the consequences facing the petitioner and whether:
(a) The issues presented are difficult;
(b) The petitioner is unable to comprehend the proceedings; or
(c) Counsel is necessary to proceed with discovery.
2. If the court determines that the petitioner is unable to pay all necessary costs and expenses incident to the proceedings of the trial court and the reviewing court, including court costs, stenographic services, printing and reasonable compensation for legal services, all costs must be paid from money appropriated to the office of the State Public Defender for that purpose. After appropriations for that purpose are exhausted, money must be allocated to the office of the State Public Defender from the Reserve for Statutory Contingency Account for the payment of the costs, expenses and compensation.
3. After appointment by the court, counsel for the petitioner may file and serve supplemental pleadings, exhibits, transcripts and documents within 30 days after:
(a) The date the court orders the filing of [an] a response or answer ; [and a return;] or
(b) The date of counsels appointment,
Κ whichever is later. If it has not previously been filed, the response or answer by the respondent must be filed within 15 days after receipt of the supplemental pleadings and include any response to the supplemental pleadings.
4. The petitioner shall respond within 15 days after service to a motion by the State to dismiss the action.
κ2023 Statutes of Nevada, Page 1630 (CHAPTER 249, AB 49)κ
5. No further pleadings may be filed except as ordered by the court.
Sec. 15. NRS 34.760 is hereby amended to read as follows:
34.760 1. [The] A response or answer must [state] :
(a) State plainly and unequivocally whether the respondent has or had the petitioner in custody or under the respondents power or restraint and, if the respondent:
(1) Has the petitioner in custody or under his or her power or restraint at the time of filing the response or answer, set forth with specificity the basis for custody, including, without limitation, the authority and cause of the imprisonment or restraint.
(2) Had the petitioner in custody or under the respondents power or restraint but no longer has the petitioner in custody or under the respondents power or restraint, state particularly to whom, at what time and place, for what cause and by what authority the transfer took place.
(b) Indicate whether the petitioner has previously applied for relief from the petitioners judgment of conviction or sentence in any proceeding in a state or federal court, including a direct appeal or a petition for a writ of habeas corpus or other postconviction relief.
2. [The] If a petition challenges the validity of a judgment of conviction or sentence, the response or answer must indicate what transcripts of pretrial, trial, sentencing and postconviction proceedings are available, when these transcripts can be furnished and what proceedings have been recorded and not transcribed. The respondent shall attach to the response or answer any portions of the transcripts, except those in the courts file, which the respondent deems relevant. The court on its own motion or upon request of the petitioner may order additional portions of existing transcripts to be furnished or certain portions of the proceedings which were not transcribed to be transcribed and furnished. If a transcript is not available or procurable, the court may require a narrative summary of the evidence to be submitted.
3. If a petition challenges the computation of time that the petitioner has served pursuant to a judgment of conviction, the respondent shall attach a copy of the judgment of conviction to the response or answer.
4. If the petitioner appealed [from] the judgment of conviction or sentence or any adverse judgment or order in a prior petition , [for a writ of habeas corpus or postconviction relief,] a copy of the petitioners brief on appeal and any opinion of the appellate court must be filed by the respondent with the response or answer.
Sec. 16. NRS 34.770 is hereby amended to read as follows:
34.770 1. The judge or justice, upon review of the [return,] response or answer and all supporting documents which are filed, shall determine whether an evidentiary hearing is required. A petitioner must not be discharged or committed to the custody of a person other than the respondent unless an evidentiary hearing is held.
2. If the judge or justice determines that the petitioner is not entitled to relief and an evidentiary hearing is not required, the judge or justice shall dismiss the petition without a hearing.
3. If the judge or justice determines that an evidentiary hearing is required, the judge or justice shall grant the writ and shall set a date for the hearing.
Sec. 17. NRS 34.780 is hereby amended to read as follows:
34.780 1. The Nevada Rules of Civil Procedure, to the extent that they are not inconsistent with NRS 34.360 to 34.830, inclusive, and sections 2.5 and 3 of this act apply to proceedings pursuant to NRS 34.720 to 34.830, inclusive [.]
κ2023 Statutes of Nevada, Page 1631 (CHAPTER 249, AB 49)κ
and 3 of this act apply to proceedings pursuant to NRS 34.720 to 34.830, inclusive [.] , and sections 2.5 and 3 of this act.
2. After the writ has been granted and a date set for the hearing, a party may invoke any method of discovery available under the Nevada Rules of Civil Procedure if, and to the extent that, the judge or justice for good cause shown grants leave to do so.
3. A request for discovery which is available under the Nevada Rules of Civil Procedure must be accompanied by a statement of the interrogatories or requests for admission and a list of any documents sought to be produced.
Sec. 18. NRS 34.800 is hereby amended to read as follows:
34.800 1. A petition may be dismissed if delay in the filing of the petition:
(a) Prejudices the respondent or the State of Nevada in responding to the petition, unless the petitioner shows that the petition is based upon grounds of which the petitioner could not have had knowledge by the exercise of reasonable diligence before the circumstances prejudicial to the State occurred; or
(b) Prejudices the State of Nevada in its ability to conduct a retrial of the petitioner, unless the petitioner demonstrates that a fundamental miscarriage of justice has occurred in the proceedings resulting in the judgment of conviction . [or sentence.]
2. A period exceeding 5 years between the filing of a judgment of conviction, an order imposing a sentence of imprisonment or a decision on direct appeal of a judgment of conviction and the filing of a petition challenging the validity of a judgment of conviction creates a rebuttable presumption of prejudice to the State. In a motion to dismiss the petition based on that prejudice, the respondent or the State of Nevada must specifically plead laches. The petitioner must be given an opportunity to respond to the allegations in the pleading before a ruling on the motion is made.
Sec. 19. NRS 34.810 is hereby amended to read as follows:
34.810 1. The court shall dismiss a petition that challenges the validity of a judgment of conviction or sentence if the court determines that:
(a) The petitioners conviction was upon a plea of guilty or guilty but mentally ill and the petition is not based upon an allegation that the plea was involuntarily or unknowingly entered or that the plea was entered without effective assistance of counsel.
(b) The petitioners conviction was the result of a trial and the grounds for the petition could have been:
(1) Presented to the trial court;
(2) Raised in a direct appeal or a prior petition for a writ of habeas corpus or postconviction relief; or
(3) Raised in any other proceeding that the petitioner has taken to secure relief from the petitioners judgment of conviction and sentence,
Κ unless the court finds both cause for the failure to present the grounds and actual prejudice to the petitioner.
2. The court shall dismiss a petition that challenges the computation of time served pursuant to a judgment of conviction without prejudice if the court determines that the petitioner did not exhaust all available administrative remedies to resolve such a challenge as required by NRS 34.724.
3. A second or successive petition must be dismissed if the judge or justice determines that it fails to allege new or different grounds for relief and that the prior determination was on the merits or, if new and different grounds are alleged, the judge or justice finds that the failure of the petitioner to assert those grounds in a prior petition constituted an abuse of the writ.
κ2023 Statutes of Nevada, Page 1632 (CHAPTER 249, AB 49)κ
are alleged, the judge or justice finds that the failure of the petitioner to assert those grounds in a prior petition constituted an abuse of the writ.
[3.] 4. Pursuant to subsections 1 and [2,] 3, the petitioner has the burden of pleading and proving specific facts that demonstrate:
(a) Good cause for the petitioners failure to present the claim or for presenting the claim again; and
(b) Actual prejudice to the petitioner.
Κ The petitioner shall include in the petition all prior proceedings in which the petitioner challenged the same judgment of conviction or sentence.
[4. The court shall dismiss a petition without prejudice if:
(a) The petition challenges the computation of time that the petitioner has served pursuant to a judgment of conviction; and
(b) The court determines that the petitioner did not exhaust all available administrative remedies to resolve such a challenge as required by NRS 34.724.]
5. The court may dismiss a petition that fails to include any prior proceedings of which the court has knowledge through the record of the court or through the pleadings submitted by the respondent.
Sec. 20. NRS 34.820 is hereby amended to read as follows:
34.820 1. If a petitioner has been sentenced to death and the petition is the first one challenging the validity of the petitioners judgment of conviction or sentence, the court shall:
(a) Appoint counsel to represent the petitioner; and
(b) Stay execution of the judgment pending disposition of the petition and the appeal.
2. The petition must include the date upon which execution is scheduled, if it has been scheduled. The petitioner is not entitled to an evidentiary hearing unless the petition states that:
(a) Each issue of fact to be considered at the hearing has not been determined in any prior evidentiary hearing in a state or federal court; or
(b) For each issue of fact which has been determined in a prior evidentiary hearing, the hearing was not a full and fair consideration of the issue. The petition must specify all respects in which the hearing was inadequate.
3. If the petitioner has previously filed a petition for relief or for a stay of the execution in the same court, the petition must be assigned to the judge or justice who considered the previous matter.
4. The court shall inform the petitioner and the petitioners counsel that all claims which challenge the judgment of conviction or imposition of the sentence must be joined in a single petition and that any matter not included in the petition will not be considered in a subsequent proceeding.
5. If relief is granted or the execution is stayed, the clerk shall forthwith notify the respondent [, the Attorney General] and the [district attorney of the county in which the petitioner was convicted.] prosecuting agency.
6. If a district judge conducts an evidentiary hearing, a daily transcript must be prepared for the purpose of appellate review.
7. The judge or justice who considers a petition filed by a petitioner who has been sentenced to death shall make all reasonable efforts to expedite the matter and shall render a decision within 60 days after submission of the matter for decision.
Sec. 21. NRS 34.830 is hereby amended to read as follows:
34.830 1. Any order that finally disposes of a petition, whether or not an evidentiary hearing was held, must contain specific findings of fact and conclusions of law supporting the decision of the court.
κ2023 Statutes of Nevada, Page 1633 (CHAPTER 249, AB 49)κ
2. A copy of any decision or order discharging the petitioner from the custody or restraint under which the petitioner is held, committing the petitioner to the custody of another person, dismissing the petition or denying the requested relief must be served by the clerk of the court upon the petitioner and the petitioners counsel, if any, the respondent [, the Attorney General] and the [district attorney of the county in which the petitioner was convicted.] prosecuting agency.
3. Whenever a decision or order described in this section is entered by the district court, the clerk of the court shall prepare a notice in substantially the following form and mail or electronically deliver a copy of the notice to each person listed in subsection 2:
Case No...................................................................
Dept. No..................................................................
IN THE ....... JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR THE COUNTY OF ..................
Petitioner,
v. NOTICE OF ENTRY OF
DECISION OR ORDER
Respondent.
PLEASE TAKE NOTICE that on ..... (month) ..... (day) ..... (year), the court entered a decision or order in this matter, a true and correct copy of which is attached to this notice.
You may appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court from the decision or order of this court. If you wish to appeal, you must file a notice of appeal with the clerk of this court within 33 days after the date this notice is mailed to you. This notice was mailed on ..... (month) ..... (day) ..... (year)
Dated ..... (month) ..... (day) ..... (year)
Clerk of court
(SEAL) By .............................................................................
Deputy
Sec. 22. NRS 34.960 is hereby amended to read as follows:
34.960 1. At any time after the expiration of the period during which a motion for a new trial based on newly discovered evidence may be made pursuant to NRS 176.515, a person who has been convicted of a felony may petition the district court in the county in which the person was convicted for a hearing to establish the factual innocence of the person based on newly discovered evidence. A person who files a petition pursuant to this subsection shall serve notice and a copy of the petition upon the [district attorney of the county in which the conviction was obtained and the Attorney General.] prosecuting agency.
κ2023 Statutes of Nevada, Page 1634 (CHAPTER 249, AB 49)κ
2. A petition filed pursuant to subsection 1 must contain an assertion of factual innocence under oath by the petitioner and must aver, with supporting affidavits or other credible documents, that:
(a) Newly discovered evidence exists that is specifically identified and, if credible, establishes a bona fide issue of factual innocence;
(b) The newly discovered evidence identified by the petitioner:
(1) Establishes innocence and is material to the case and the determination of factual innocence;
(2) Is not merely cumulative of evidence that was known, is not reliant solely upon recantation of testimony by a witness against the petitioner and is not merely impeachment evidence; and
(3) Is distinguishable from any claims made in any previous petitions;
(c) If some or all of the newly discovered evidence alleged in the petition is a biological specimen, that a genetic marker analysis was performed pursuant to NRS 176.0918, 176.09183 and 176.09187 and the results were favorable to the petitioner; and
(d) When viewed with all other evidence in the case, regardless of whether such evidence was admitted during trial, the newly discovered evidence demonstrates the factual innocence of the petitioner.
3. In addition to the requirements set forth in subsection 2, a petition filed pursuant to subsection 1 must also assert that:
(a) Neither the petitioner nor the petitioners counsel knew of the newly discovered evidence at the time of trial or sentencing or in time to include the evidence in any previously filed post-trial motion or postconviction petition, and the evidence could not have been discovered by the petitioner or the petitioners counsel through the exercise of reasonable diligence; or
(b) A court has found ineffective assistance of counsel for failing to exercise reasonable diligence in uncovering the newly discovered evidence.
4. The court shall review the petition and determine whether the petition satisfies the requirements of subsection 2. If the court determines that the petition:
(a) Does not meet the requirements of subsection 2, the court shall dismiss the petition without prejudice, state the basis for the dismissal and send notice of the dismissal to the petitioner [, the district attorney] and the [Attorney General.] prosecuting agency.
(b) Meets the requirements of subsection 2, the court shall determine whether the petition satisfies the requirements of subsection 3. If the court determines that the petition does not meet the requirements of subsection 3, the court may:
(1) Dismiss the petition without prejudice, state the basis for the dismissal and send notice of the dismissal to the petitioner [, the district attorney] and the [Attorney General;] prosecuting agency; or
(2) Waive the requirements of subsection 3 if the court finds the petition should proceed to a hearing and that there is other evidence that could have been discovered through the exercise of reasonable diligence by the petitioner or the petitioners counsel at trial, and the other evidence:
(I) Was not discovered by the petitioner or the petitioners counsel;
(II) Is material upon the issue of factual innocence; and
(III) Has never been presented to a court.
5. Any second or subsequent petition filed by a person must be dismissed if the court determines that the petition fails to identify new or different evidence in support of the factual innocence claim or, if new and different grounds are alleged, the court finds that the failure of the petitioner to assert those grounds in a prior petition filed pursuant to this section constituted an abuse of the writ.
κ2023 Statutes of Nevada, Page 1635 (CHAPTER 249, AB 49)κ
grounds are alleged, the court finds that the failure of the petitioner to assert those grounds in a prior petition filed pursuant to this section constituted an abuse of the writ.
6. The court shall provide a written explanation of its order to dismiss or not to dismiss the petition based on the requirements set forth in subsections 2 and 3.
7. A person who has already obtained postconviction relief that vacated or reversed the persons conviction or sentence may also file a petition pursuant to subsection 1 in the same manner and form as described in this section if no retrial or appeal regarding the offense is pending.
8. After a petition is filed pursuant to subsection 1, any prosecuting [attorney,] agency, law enforcement agency or forensic laboratory that is in possession of any evidence that is the subject of the petition shall preserve such evidence and any information necessary to determine the sufficiency of the chain of custody of such evidence.
9. A petition filed pursuant to subsection 1 must include the underlying criminal case number.
10. Except as otherwise provided in NRS 34.900 to 34.990, inclusive, the Nevada Rules of Civil Procedure govern all proceedings concerning a petition filed pursuant to subsection 1.
11. As used in this section:
(a) Biological specimen has the meaning ascribed to it in NRS 176.09112.
(b) Forensic laboratory has the meaning ascribed to it in NRS 176.09117.
(c) Genetic marker analysis has the meaning ascribed to it in NRS 176.09118.
Sec. 23. NRS 34.970 is hereby amended to read as follows:
34.970 1. If the court does not dismiss a petition after reviewing the petition in accordance with NRS 34.960, the court shall order the [district attorney or the Attorney General] prosecuting agency to file a response to the petition. The courts order must:
(a) Specify which claims identified in the petition warrant a response from the [district attorney or the Attorney General;] prosecuting agency; and
(b) Specify which newly discovered evidence identified in the petition, if credible, might establish a bona fide issue of factual innocence.
2. The [district attorney or the Attorney General] prosecuting agency shall, not later than 120 days after receipt of the courts order requiring a response, or within any additional period the court allows, respond to the petition and serve a copy upon the petitioner and, if the prosecuting agency is the district attorney , [is responding to the petition,] the Attorney General.
3. Not later than 30 days after the date the [district attorney or the Attorney General] prosecuting agency responds to the petition, the petitioner may reply to the response. Not later than 30 days after the expiration of the period during which the petitioner may reply to the response, the court shall consider the petition, any response by the [district attorney or the Attorney General] prosecuting agency and any reply by the petitioner. If the court determines that the petition meets the requirements of NRS 34.960 and that there is a bona fide issue of factual innocence regarding the charges of which the petitioner was convicted, the court shall order a hearing on the petition. If the court does not make such a determination, the court shall enter an order denying the petition. For the purposes of this subsection, a bona fide issue of factual innocence does not exist if the petitioner is merely relitigating facts, issues or evidence presented in a previous proceeding or if the petitioner is unable to identify with sufficient specificity the nature and reliability of the newly discovered evidence that establishes the factual innocence of the petitioner.
κ2023 Statutes of Nevada, Page 1636 (CHAPTER 249, AB 49)κ
issues or evidence presented in a previous proceeding or if the petitioner is unable to identify with sufficient specificity the nature and reliability of the newly discovered evidence that establishes the factual innocence of the petitioner. Unless stipulated to by the parties, the court may not grant a hearing on the petition during any period in which criminal proceedings in the matter are pending before any trial or appellate court.
4. If the court grants a hearing on the petition, the hearing must be held and the final order must be entered not later than 150 days after the expiration of the period during which the petitioner may reply to the response to the petition by the [district attorney or the Attorney General] prosecuting agency pursuant to subsection 3 unless the court determines that additional time is required for good cause shown.
5. If the court grants a hearing on the petition, the court shall, upon the request of the petitioner, order the preservation of all material and relevant evidence in the possession or control of this State or any agent thereof during the pendency of the proceeding.
6. If the parties stipulate that the evidence establishes the factual innocence of the petitioner, the court may affirm the factual innocence of the petitioner without holding a hearing. If the prosecuting [attorney] agency does not stipulate that the evidence establishes the factual innocence of the petitioner, a determination of factual innocence must not be made by the court without a hearing.
7. If the parties stipulate that the evidence establishes the factual innocence of the petitioner, the prosecuting [attorney] agency makes a motion to dismiss the original charges against the petitioner or, after a hearing, the court determines that the petitioner has proven his or her factual innocence by clear and convincing evidence, the court shall:
(a) Vacate the petitioners conviction and issue an order of factual innocence and exoneration; and
(b) Order the sealing of all documents, papers and exhibits in the persons record, minute book entries and entries on dockets and other documents relating to the case in the custody of such other agencies and officers as are named in the courts order.
8. The court shall provide a written explanation of its determination that the petitioner proved or failed to prove his or her factual innocence by clear and convincing evidence.
9. Any order granting or denying a hearing on a petition pursuant to this section may be appealed by either party.
Sec. 24. NRS 34.990 is hereby amended to read as follows:
34.990 After a petition is filed pursuant to NRS 34.960, if any victim of the crime for which the petitioner was convicted has indicated a desire to be notified regarding any postconviction proceedings, the [district attorney] prosecuting agency shall make reasonable efforts to provide notice to such a victim that the petition has been filed and that indicates the time and place for any hearing that may be held as a result of the petition and the disposition thereof.
Sec. 24.1. NRS 7.155 is hereby amended to read as follows:
7.155 The compensation and expenses of an attorney appointed to represent a defendant must be paid from the county treasury unless the proceedings are based upon a postconviction petition for habeas corpus [,] challenging a judgment of conviction or sentence, in which case the compensation and expenses must be paid from money appropriated to the Office of State Public Defender, but after the appropriation for such expenses is exhausted, money must be allocated to the Office of State Public Defender from the reserve for statutory contingency account for the payment of such compensation and expenses.
κ2023 Statutes of Nevada, Page 1637 (CHAPTER 249, AB 49)κ
is exhausted, money must be allocated to the Office of State Public Defender from the reserve for statutory contingency account for the payment of such compensation and expenses.
Sec. 24.2. NRS 176.486 is hereby amended to read as follows:
176.486 A district court having proper jurisdiction, the Court of Appeals or the Supreme Court, if it has proper jurisdiction, may stay the execution of a sentence of death when a postconviction petition for habeas corpus challenging a judgment of conviction or sentence has been filed only after appropriate notice has been given to the appropriate respondent in the case.
Sec. 24.3. NRS 176.487 is hereby amended to read as follows:
176.487 When a person under a sentence of death files a proper postconviction petition for habeas corpus [,] challenging a judgment of conviction or sentence, a district court, the Court of Appeals or the Supreme Court on a subsequent appeal shall enter a stay of execution if the court finds a stay necessary for a proper consideration of the claims for relief. In making this determination, the court shall consider whether:
1. The petition is the first effort by the petitioner to raise constitutional claims for relief after a direct appeal from a conviction and the petition raises claims other than those which could have been raised at trial or on direct appeal.
2. The petition is timely filed and jurisdictionally appropriate and does not set forth conclusory claims only.
3. If the petition is not the first petition for postconviction relief, it raises constitutional claims which are not procedurally barred by laches, the law of the case, the doctrines of abuse of the writ or successive petition or any other procedural default.
4. If the petition is a second or successive petition, it presents substantial grounds upon which relief might be granted and valid justification for the claims not having been presented in a prior proceeding.
5. The petition asserts claims based upon specified facts or law which, if true, would entitle the petitioner to relief.
6. The court cannot decide legal claims which are properly raised or expeditiously hold an evidentiary hearing on factual claims which are properly raised before the execution of sentence.
Sec. 24.4. Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except when personal service of a person is ordered by the court or required by specific statute, a person who is represented by an attorney may be lawfully served with any motion, notice or other legal document by electronic means if the office of the attorney representing the person has the ability to receive and store the motion, notice or other legal document electronically.
2. In addition to any other document required by the court, a person who uses electronic means pursuant to subsection 1 to electronically serve any motion, notice or other legal document that is required to be filed with the court shall include with the original document filed with the court evidence of the electronic transmittal of the legal document.
3. A court clerk may accept a motion, notice or other legal document that is filed electronically. A motion, notice or other legal document that is filed electronically must contain an image of the signature of the prosecuting attorney.
4. If a court clerk accepts a motion, notice or other legal document that is filed electronically pursuant to subsection 3, the court clerk shall acknowledge receipt of the motion, notice or other legal document by an electronic time stamp and shall electronically return the motion, notice or other legal document with the electronic time stamp to the prosecuting attorney.
κ2023 Statutes of Nevada, Page 1638 (CHAPTER 249, AB 49)κ
acknowledge receipt of the motion, notice or other legal document by an electronic time stamp and shall electronically return the motion, notice or other legal document with the electronic time stamp to the prosecuting attorney. A motion, notice or other legal document may be converted into a printed document and served upon a defendant in the same manner as a motion, notice or other legal document that is not filed electronically.
5. A motion, notice or other legal document that is filed or served electronically shall be deemed to be filed or served on the date that it is filed or served electronically if it is filed or served not later than 11:59 p.m. on that date.
Sec. 24.5. NRS 178.4871 is hereby amended to read as follows:
178.4871 A person who has filed a postconviction petition for habeas corpus [:] challenging a judgment of conviction or sentence:
1. Must not in any case be released on the persons own recognizance.
2. Must not be admitted to bail pending a review of the petition unless:
(a) The petition is filed in the proper jurisdiction;
(b) The petition presents substantial questions of law or fact and does not appear to be barred procedurally;
(c) The petitioner has made out a clear case on the merits; and
(d) There are exceptional circumstances deserving of special treatment in the interests of justice.
Sec. 24.6. NRS 178.4873 is hereby amended to read as follows:
178.4873 If a district court denies a postconviction petition for habeas corpus [,] challenging a judgment of conviction or sentence, the petitioner must not be released on the petitioners own recognizance or admitted to bail pending any appeal. If the petition is granted and a stay of the order granting relief is not entered, the district court shall admit the petitioner to bail pending appeal if the respondent files a notice of appeal.
Sec. 25. The amendatory provisions of this act do not apply to a postconviction petition for habeas corpus filed pursuant to NRS 34.724 before July 1, 2023.
Sec. 26. NRS 34.430 is hereby repealed.
Sec. 27. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 26, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2023, for all other purposes.
________
κ2023 Statutes of Nevada, Page 1639κ
Assembly Bill No. 32Committee on Judiciary
CHAPTER 250
[Approved: June 9, 2023]
AN ACT relating to criminal justice; providing that information collected or stored by the Department of Sentencing Policy for the purpose of analyzing and understanding the criminal justice system is confidential; revising the qualifications of the Executive Director of the Department; revising provisions concerning the membership of the Nevada Sentencing Commission; requiring that certain data tracked and assessed by the Commission include the housing status of persons admitted to and released from prison; authorizing the Nevada Local Justice Reinvestment Coordinating Council to accept any gift, donation, bequest, grant or other source of money for the purpose of carrying out its duties; revising provisions relating to risk and needs assessments administered to certain probationers and parolees; authorizing the Division of Parole and Probation of the Department of Public Safety to impose confinement in a jail or detention facility or place a person under a system of active electronic monitoring for technical violations of the conditions of probation or parole; requiring the system of graduated sanctions adopted by the Division to include guidance on the use of such confinement and electronic monitoring; revising the definition of technical violation as the term relates to violations of the conditions of probation or parole; revising provisions relating to the temporary and full revocation of probation, suspension of sentence or parole supervision for technical violations of the conditions of probation or parole; requiring the Department of Sentencing Policy to collect and analyze certain data and submit a report to the Director of the Legislative Counsel Bureau; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Department of Sentencing Policy (hereinafter Department) and requires the Governor to appoint the Executive Director of the Department from a list of three persons recommended by the Nevada Sentencing Commission (hereinafter Commission). Existing law also requires the Executive Director to be an attorney who is licensed to practice law in this State. (NRS 176.01323) Section 1.7 of this bill: (1) specifies that the three persons recommended by the Commission must be qualified persons; and (2) removes the requirement that the Executive Director must be an attorney who is licensed to practice law in this State.
Section 1 of this bill provides that any information collected or stored by the Department for the purpose of analyzing and understanding the criminal justice system is confidential and not a public record. Section 8.3 of this bill makes a conforming change to indicate that such information is exempt from the requirement that public books and public records of a governmental entity must be open to inspection. Section 1.3 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.
κ2023 Statutes of Nevada, Page 1640 (CHAPTER 250, AB 32)κ
Existing law establishes requirements concerning the membership of the Commission, including that: (1) one member must be a representative of the Division of Parole and Probation of the Department of Public Safety (hereinafter Division) who is appointed by the Governor; and (2) one member must be the Director of the Department of Employment, Training and Rehabilitation. (NRS 176.0133) Section 2 of this bill provides that: (1) the Chief Parole and Probation Officer may alternatively be a member of the Commission; (2) if a representative of the Division is a member of the Commission, he or she is appointed by the Chief instead of the Governor; and (3) a representative of the Department of Employment, Training and Rehabilitation who is appointed by the Director of the Department of Employment, Training and Rehabilitation may alternatively be a member of the Commission.
Existing law imposes certain duties on the Commission, including the tracking and assessment of data from the Department of Corrections concerning prison admissions, parole and release from prison. (NRS 176.01343) Section 2.3 of this bill requires such data to include the housing status of persons admitted to and released from prison.
Existing law creates the Nevada Local Justice Reinvestment Coordinating Council, which: (1) advises the Commission on matters related to certain legislation, regulations, rules, budgetary changes and other actions concerning local governments; (2) identifies county-level programming and treatment needs for persons involved in the criminal justice system for the purpose of reducing recidivism; (3) makes recommendations to the Commission regarding certain grants; (4) oversees the implementation of and creates performance measures to assess the effectiveness of certain grants; and (5) identifies opportunities for collaboration with the Department of Health and Human Services for treatment services and funding. (NRS 176.014) Section 2.7 of this bill authorizes the Council to accept any gift, donation, bequest, grant or other source of money for the purpose of carrying out its duties.
Existing law requires the Division to administer a risk and needs assessment to certain probationers and parolees under the supervision of the Division and, on a schedule determined by the Nevada Risk Assessment System or more often if necessary, administer a subsequent risk and needs assessment to such probationers and parolees. (NRS 176A.435, 213.1078) Sections 3 and 6 of this bill provide that a subsequent risk and needs assessment will be administered on a schedule determined by the appropriate risk and needs assessment tool instead of by the Nevada Risk Assessment System. Existing law provides that if a condition of parole or the level of parole supervision set is found not to align with the results of a risk and needs assessment, the supervising officer is required to submit a request to the State Board of Parole Commissioners (hereinafter Board) to modify the condition or level of supervision. (NRS 213.1078) Section 6 removes such provisions.
Existing law requires the Division to adopt a written system of graduated sanctions for use by parole and probation officers when responding to a technical violation of the conditions of probation or parole. (NRS 176A.510, 213.15101) Sections 4 and 7 of this bill, respectively, provide that as part of the system of graduated sanctions, the Division is authorized, in response to a technical violation of parole or probation, to: (1) impose confinement in a jail or detention facility for a period of not more than 10 days, not to exceed 30 days in the aggregate; or (2) place the person under a system of active electronic monitoring for a period of not more than 60 days using an electronic device approved by the Division. Sections 4 and 7 also require a system of graduated sanctions to include guidance on the use of such confinement in a jail or detention facility and electronic monitoring. Sections 4 and 7 additionally revise the definition of technical violation to exclude, as applicable: (1) certain violations of probation or suspension of sentence by a sex offender or a person convicted of stalking with the use of electronic means, an offense involving pornography with a minor or luring a child or person with a mental illness through the
κ2023 Statutes of Nevada, Page 1641 (CHAPTER 250, AB 32)κ
use of electronic means; (2) certain violations of parole by a prisoner convicted of a sexual offense, a prisoner who is a Tier 3 offender convicted of a sexual offense against a child under 14 years of age or a prisoner convicted of stalking with the use of electronic means, an offense involving pornography with a minor or luring a child or person with a mental illness through the use of electronic means; and (3) termination from certain treatment programs.
Existing law provides that if a probationer or parolee commits one or more technical violations of the conditions of probation or parole, a court or the Board, as applicable, may take certain actions, including: (1) temporarily revoking the probation, suspension of sentence or parole supervision and imposing a term of imprisonment of not more than 30 days for the first temporary revocation, 90 days for the second temporary revocation or 180 days for the third temporary revocation; or (2) fully revoking the probation, suspension of sentence or parole supervision and imposing imprisonment for the remainder of the sentence for a fourth or subsequent revocation. (NRS 176A.630, 213.1519) Sections 5 and 8 of this bill also authorize a court or the Board, as applicable, to revoke the probation, suspension of sentence or parole supervision at the request of a probationer or parolee. Sections 5 and 8 additionally require that before a court or the Board, as applicable, may take such actions, the Division must determine that the graduated sanctions adopted by the Division for technical violations of the conditions of probation or parole have been exhausted. Sections 5 and 8 further require that: (1) a probationer who is arrested and detained, or a parolee whose parole is revoked, for committing a technical violation of the conditions of probation or parole, as applicable, receives credit for any time served while the probationer or parolee is waiting for a hearing to determine if a technical violation has occurred, which must be applied to any term of imprisonment imposed for the technical violation; and (2) any time served by the probationer or parolee while waiting for such a hearing or in accordance with any term of imprisonment imposed for the technical violation must be applied toward the original sentence of the probationer or parolee.
Section 8 additionally: (1) increases the terms of imprisonment for a temporary revocation of parole supervision from 30 days to 90 days for the first temporary revocation and from 90 days to 180 days for the second temporary revocation; and (2) authorizes a full revocation of parole supervision for a third or subsequent revocation.
Section 8.7 of this bill requires the Department to: (1) collect and analyze certain data relating to the length of the term of imprisonment served and recidivism rates for persons whose probation, suspension or sentence or parole supervision is revoked due to a technical violation of the conditions of probation or parole; and (2) submit a report regarding such data to the Director of the Legislative Counsel Bureau on or before January 1, 2025.
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 176 of NRS is hereby amended by adding thereto a new section to read as follows:
Any information collected or stored by the Department for the purpose of analyzing and understanding the criminal justice system, including, without limitation, information from a database, interview or other source, is confidential and not a public record within the meaning of NRS 239.010.
κ2023 Statutes of Nevada, Page 1642 (CHAPTER 250, AB 32)κ
Sec. 1.3. NRS 176.01313 is hereby amended to read as follows:
176.01313 As used in NRS 176.0131 to 176.014, inclusive, [176.01315, 176.01317] and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 176.01315, 176.01317 and 176.0132 have the meanings ascribed to them in those sections.
Sec. 1.7. NRS 176.01323 is hereby amended to read as follows:
176.01323 1. The Department of Sentencing Policy is hereby created.
2. The Executive Director of the Department must be appointed by the Governor from a list of three qualified persons recommended by the Sentencing Commission.
3. The Executive Director:
(a) Is in the unclassified service of this State;
(b) Serves at the pleasure of the Sentencing Commission, except that the Executive Director may only be removed upon a finding by the Sentencing Commission that his or her performance is unsatisfactory; and
(c) [Must be an attorney licensed to practice law in this State; and
(d)] Shall devote his or her entire time and attention to the duties of his or her office and shall not engage in any other gainful employment or occupation.
4. The Executive Director may, within the limits of money available for this purpose, employ or enter into a contract for the services of such employees or consultants as is necessary to carry out the provisions of NRS 176.0131 to 176.014, inclusive [.] , and section 1 of this act.
Sec. 2. NRS 176.0133 is hereby amended to read as follows:
176.0133 1. The Nevada Sentencing Commission is hereby created within the Department. The Sentencing Commission consists of:
(a) One member appointed by the Governor;
(b) One member who is a justice of the Supreme Court of Nevada or a retired justice of the Supreme Court of Nevada, appointed by the Chief Justice of the Supreme Court of Nevada;
(c) Two members who are judges appointed by the Chief Justice of the Supreme Court of Nevada;
(d) One member who is a representative of the Administrative Office of the Courts appointed by the Chief Justice of the Supreme Court of Nevada;
(e) The Director of the Department of Corrections;
(f) One member who is a representative of the Office of the Attorney General, appointed by the Attorney General;
(g) One member who is a district attorney, appointed by the governing body of the Nevada District Attorneys Association;
(h) One member who is a representative of the Office of the Clark County Public Defender, appointed by the head of the Office of the Clark County Public Defender;
(i) One member who is a representative of the Office of the Washoe County Public Defender, appointed by the head of the Office of the Washoe County Public Defender;
κ2023 Statutes of Nevada, Page 1643 (CHAPTER 250, AB 32)κ
(j) One member who is an attorney in private practice, experienced in defending criminal actions, appointed by the governing body of the State Bar of Nevada;
(k) One member who has been a victim of a crime or is a representative of an organization supporting the rights of victims of crime, appointed by the Governor;
(l) One member who is a member of the State Board of Parole Commissioners, appointed by the State Board of Parole Commissioners;
(m) One member who is [a] :
(1) The Chief Parole and Probation Officer; or
(2) A representative of the Division of Parole and Probation of the Department of Public Safety, appointed by the [Governor;] Chief Parole and Probation Officer;
(n) One member who is a representative of the Nevada Sheriffs and Chiefs Association, appointed by the Nevada Sheriffs and Chiefs Association;
(o) One member who is a representative of the Las Vegas Metropolitan Police Department, appointed by the Sheriff of Clark County;
(p) One member who is a representative of the Division of Public and Behavioral Health of the Department of Health and Human Services;
(q) One member who is a representative of an organization that advocates on behalf of inmates, appointed by the Governor;
(r) Two members who are Senators, one of whom is appointed by the Majority Leader of the Senate and one of whom is appointed by the Minority Leader of the Senate;
(s) Two members who are members of the Assembly, one of whom is appointed by the Speaker of the Assembly and one of whom is appointed by the Minority Leader of the Assembly;
(t) One member who is:
(1) The Director of the Department of Employment, Training and Rehabilitation; or
(2) A representative of the Department of Employment, Training and Rehabilitation, appointed by the Director of the Department of Employment, Training and Rehabilitation; and
(u) One member who is a representative of an organization that works with offenders upon release from incarceration to assist in reentry into the community appointed by the Chair of the Legislative Commission.
2. The Executive Director shall serve as the Executive Secretary of the Sentencing Commission.
3. If any organization listed in subsection 1 ceases to exist, the appointment required pursuant to that subsection must be made by the associations successor in interest, or, if there is no successor in interest, by the Governor.
4. Each appointed member serves a term of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the Sentencing Commission must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.
κ2023 Statutes of Nevada, Page 1644 (CHAPTER 250, AB 32)κ
5. The Legislators who are members of the Sentencing Commission are entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding session for each days attendance at a meeting of the Sentencing Commission.
6. At the first regular meeting of each odd-numbered year, the members of the Sentencing Commission shall elect a Chair by majority vote who shall serve until the next Chair is elected.
7. The Sentencing Commission shall:
(a) Hold its first meeting on or before September 1 of each odd-numbered year; and
(b) Meet at least once every 3 months and may meet at such further times as deemed necessary by the Chair.
8. A member of the Sentencing Commission may designate a nonvoting alternate to attend a meeting in his or her place.
9. A majority of the members of the Sentencing Commission constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Sentencing Commission. A nonvoting alternate designated by a member pursuant to subsection 8 who attends a meeting of the Sentencing Commission for which the alternate is designated shall be deemed to be a member of the Sentencing Commission for the purpose of determining whether a quorum exists.
10. While engaged in the business of the Sentencing Commission, to the extent of legislative appropriation, each member of the Sentencing Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 2.3. NRS 176.01343 is hereby amended to read as follows:
176.01343 1. The Sentencing Commission shall:
(a) Track and assess outcomes resulting from the enactment of chapter 633, Statutes of Nevada 2019, including, without limitation, the following data from the Department of Corrections:
(1) With respect to prison admissions:
(I) The total number of persons admitted to prison by type of offense, type of admission, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age , housing status and, if measured upon intake, risk score;
(II) The average minimum and maximum sentence term by type of offense, type of admission, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score; and
(III) The number of persons who received a clinical assessment identifying a mental health or substance use disorder upon intake.
(2) With respect to parole and release from prison:
(I) The average length of stay in prison for each type of release by type of offense, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status , housing status and, if measured upon intake, risk score;
(II) The total number of persons released from prison each year by type of release, type of admission, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status , housing status and, if measured upon intake, risk score;
κ2023 Statutes of Nevada, Page 1645 (CHAPTER 250, AB 32)κ
gender identity or expression, race, ethnicity, sexual orientation, age, mental health status , housing status and, if measured upon intake, risk score;
(III) The recidivism rate of persons released from prison by type of release; and
(IV) The total number of persons released from prison each year who return to prison within 36 months by type of admission, type of release, type of return to prison, including, without limitation, whether such a subsequent prison admission was the result of a new felony conviction or a revocation of parole due to a technical violation, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status , housing status and, if measured upon intake, risk score.
(3) With respect to the number of persons in prison:
(I) The total number of persons held in prison on December 31 of each year, not including those persons released from a term of prison who reside in a parole housing unit, by type of offense, type of admission, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score;
(II) The total number of persons held in prison on December 31 of each year who have been granted parole by the State Board of Parole Commissioners but remain in custody, and the reasons therefor;
(III) The total number of persons held in prison on December 31 of each year who are serving a sentence of life with or without the possibility of parole or who have been sentenced to death; and
(IV) The total number of persons as of December 31 of each year who have started a treatment program while in prison, have completed a treatment program while in prison and are awaiting a treatment program while in prison, by type of treatment program and type of offense.
(b) Track and assess outcomes resulting from the enactment of chapter 633, Statutes of Nevada 2019, with respect to the following data, which the Division shall collect and report to the Sentencing Commission:
(1) With respect to the number of persons on probation or parole:
(I) The total number of supervision intakes by type of offense, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score;
(II) The average term of probation imposed for persons on probation by type of offense;
(III) The average time served by persons on probation or parole by type of discharge, felony category and type of offense;
(IV) The average time credited to a persons term of probation or parole as a result of successful compliance with supervision;
(V) The total number of supervision discharges by type of discharge, including, without limitation, honorable discharges and dishonorable discharges, and cases resulting in a return to prison;
(VI) The recidivism rate of persons discharged from supervision by type of discharge, according to the Divisions internal definition of recidivism;
κ2023 Statutes of Nevada, Page 1646 (CHAPTER 250, AB 32)κ
(VII) The number of persons identified as having a mental health issue or a substance use disorder; and
(VIII) The total number of persons on probation or parole who are located within this State on December 31 of each year, not including those persons who are under the custody of the Department of Corrections.
(2) With respect to persons on probation or parole who violate a condition of supervision or commit a new offense:
(I) The total number of revocations and the reasons therefor, including, without limitation, whether the revocation was the result of a mental health issue or substance use disorder;
(II) The average amount of time credited to a persons suspended sentence or the remainder of the persons sentence from time spent on supervision;
(III) The total number of persons receiving administrative or jail sanctions, by type of offense and felony category; and
(IV) The median number of administrative sanctions issued by the Division to persons on supervision, by type of offense and felony category.
(c) Track and assess outcomes resulting from the enactment of chapter 633, Statutes of Nevada 2019, with respect to savings and reinvestment, including, without limitation:
(1) The total amount of annual savings resulting from the enactment of any legislation relating to the criminal justice system;
(2) The total annual costs avoided by this State because of the enactment of chapter 633, Statutes of Nevada 2019, as calculated pursuant to NRS 176.01347; and
(3) The entities that received reinvestment funds, the total amount directed to each such entity and a description of how the funds were used.
(d) Track and assess trends observed after the enactment of chapter 633, Statutes of Nevada 2019, including, without limitation, the following data, which the Central Repository for Nevada Records of Criminal History shall collect and report to the Sentencing Commission as reported to the Federal Bureau of Investigation:
(1) The uniform crime rates for this State and each county in this State by index crimes and type of crime; and
(2) The percentage changes in uniform crime rates for this State and each county in this State over time by index crimes and type of crime.
(e) Identify gaps in this States data tracking capabilities related to the criminal justice system and make recommendations for filling any such gaps.
(f) Employ and retain other professional staff as necessary to coordinate performance and outcome measurement and develop the report required pursuant to this section.
2. As used in this section:
(a) Technical violation has the meaning ascribed to it in NRS 176A.510.
(b) Type of admission means the manner in which a person entered into the custody of the Department of Corrections, according to the internal definitions used by the Department of Corrections.
κ2023 Statutes of Nevada, Page 1647 (CHAPTER 250, AB 32)κ
(c) Type of offense means an offense categorized by the Department of Corrections as a violent offense, sex offense, drug offense, property offense, DUI offense or other offense, consistent with the internal data systems used by the Department of Corrections.
Sec. 2.7. NRS 176.014 is hereby amended to read as follows:
176.014 1. The Nevada Local Justice Reinvestment Coordinating Council is hereby created. The Council consists of:
(a) One member from each county in this State whose population is less than 100,000; and
(b) Two members from each county in this State whose population is 100,000 or more.
2. Each member of the Council must be appointed by the governing body of the applicable county and must meet any qualifications adopted by the Sentencing Commission pursuant to subsection [7.] 8. The Chair of the Sentencing Commission shall appoint the Chair of the Council from among the members of the Council.
3. The Council shall:
(a) Advise the Sentencing Commission on matters related to any legislation, regulations, rules, budgetary changes and all other actions needed to implement the provisions of chapter 633, Statutes of Nevada 2019, as they relate to local governments;
(b) Identify county-level programming and treatment needs for persons involved in the criminal justice system for the purpose of reducing recidivism;
(c) Make recommendations to the Sentencing Commission regarding grants to local governments , courts and nonprofit organizations from the State General Fund;
(d) Oversee the implementation of local grants;
(e) Create performance measures to assess the effectiveness of the grants; and
(f) Identify opportunities for collaboration with the Department of Health and Human Services at the state and county level for treatment services and funding.
4. Each member of the Council serves a term of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the Council must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.
5. While engaged in the business of the Council, to the extent of legislative appropriation, each member of the Council is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
6. The Council may accept any gift, donation, bequest, grant or other source of money for the purpose of carrying out its duties pursuant to this section.
7. To the extent of legislative appropriation, the Sentencing Commission shall provide the Council with such staff as is necessary to carry out the duties of the Council pursuant to this section.
κ2023 Statutes of Nevada, Page 1648 (CHAPTER 250, AB 32)κ
[7.] 8. The Sentencing Commission may adopt any qualifications that a person must meet before being appointed as a member of the Council.
Sec. 3. NRS 176A.435 is hereby amended to read as follows:
176A.435 1. Except as otherwise provided in subsection 3, the Division shall administer a risk and needs assessment to each probationer under the Divisions supervision. The results of the risk and needs assessment must be used to set a level of supervision for each probationer and to develop individualized case plans pursuant to subsection 4. The risk and needs assessment must be administered and scored by a person trained in the administration of the tool.
2. Except as otherwise provided in subsection 3, on a schedule determined by the [Nevada Risk Assessment System, or its successor] appropriate risk and needs assessment tool, or more often if necessary, the Division shall administer a subsequent risk and needs assessment to each probationer. The results of the risk and needs assessment conducted in accordance with this section must be used to determine whether a change in the level of supervision is necessary. The Division shall document the reasons for maintaining or changing the level of supervision. If the Division changes the level of supervision, the Division shall notify the probationer of the change.
3. The provisions of subsections 1 and 2 are not applicable if:
(a) The level of supervision for the probationer is set by the court or by law; or
(b) The probationer is ordered to participate in a program of probation secured by a security bond pursuant to NRS 176A.300 to 176A.370, inclusive.
4. The Division shall develop an individualized case plan for each probationer. The case plan must include a plan for addressing the criminogenic risk factors identified on the risk and needs assessment, if applicable, and the list of responsivity factors that will need to be considered and addressed for each probationer.
5. Upon a finding that a term or condition of probation ordered pursuant to subsection 1 of NRS 176A.400 or the level of supervision set pursuant to this section does not align with the results of a risk and needs assessment administered pursuant to subsection 1 or 2:
(a) The supervising officer shall notify the court of the finding; and
(b) The court may modify the terms and conditions of probation pursuant to subsection 1 of NRS 176A.450.
6. The risk and needs assessment required under this section must undergo periodic validation studies in accordance with the timeline established by the developer of the assessment. The Division shall establish quality assurance procedures to ensure proper and consistent scoring of the risk and needs assessment.
7. As used in this section, risk and needs assessment means a validated, standardized actuarial tool that identifies risk factors that increase the likelihood of a person reoffending and factors that, when properly addressed, can reduce the likelihood of a person reoffending.
κ2023 Statutes of Nevada, Page 1649 (CHAPTER 250, AB 32)κ
Sec. 4. NRS 176A.510 is hereby amended to read as follows:
176A.510 1. The Division shall adopt a written system of graduated sanctions for parole and probation officers to use when responding to a technical violation of the conditions of probation. The system must:
(a) Set forth a menu of presumptive sanctions for the most common violations, including, without limitation, failure to report, willful failure to pay fines and fees, failure to participate in a required program or service, failure to complete community service and failure to refrain from the use of alcohol or controlled substances.
(b) Take into account factors such as responsivity factors impacting a persons ability to successfully complete any conditions of supervision, the severity of the current violation, the persons previous criminal record, the number and severity of any previous violations and the extent to which graduated sanctions were imposed for previous violations.
(c) Include guidance on the use of confinement in a jail or detention facility and electronic monitoring pursuant to subsection 3.
2. The Division shall establish and maintain a program of initial and ongoing training for parole and probation officers regarding the system of graduated sanctions.
3. As part of the system of graduated sanctions, the Division may, in response to a technical violation of the conditions of probation:
(a) Impose confinement in a jail or detention facility for a period of not more than 10 days. The total number of days of confinement imposed pursuant to this paragraph must not, in the aggregate, exceed 30 days.
(b) Place the person under a system of active electronic monitoring for a period of not more than 60 days using an electronic device approved by the Division. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the location of the person, including, without limitation, the transmission of still visual images which do not concern the activities of the person, and producing, upon request, reports or records of the persons presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:
(1) Oral or wire communications or any auditory sound; or
(2) Information concerning the activities of the person,
Κ must not be used.
4. Notwithstanding any rule or law to the contrary, a parole and probation officer shall use graduated sanctions established pursuant to this section when responding to a technical violation.
[4.] 5. A parole and probation officer intending to impose a graduated sanction shall provide the supervised person with notice of the intended sanction. The notice must inform the person of any alleged violation and the date thereof and the graduated sanction to be imposed.
[5.] 6. The failure of a supervised person to comply with a sanction may constitute a technical violation of the conditions of probation.
κ2023 Statutes of Nevada, Page 1650 (CHAPTER 250, AB 32)κ
[6.] 7. The Division may not seek revocation of probation for a technical violation of the conditions of probation until all graduated sanctions have been exhausted. If the Division determines that all graduated sanctions have been exhausted, the Division shall submit a report to the court or Board outlining the reasons for the recommendation of revocation and the steps taken by the Division to change the supervised persons behavior while in the community, including, without limitation, any graduated sanctions imposed before recommending revocation.
[7.] 8. As used in this section:
(a) Absconding [has the meaning ascribed to it in NRS 176A.630.] means that a person is actively avoiding supervision by making his or her whereabouts unknown to the Division for a continuous period of 60 days or more.
(b) Responsivity factors has the meaning ascribed to it in NRS 213.107.
(c) Technical violation means any alleged violation of the conditions of probation that does not constitute absconding and is not [the] :
(1) The commission of a:
[(1)] (I) New felony or gross misdemeanor;
[(2)] (II) Battery which constitutes domestic violence pursuant to NRS 200.485;
[(3)] (III) Violation of NRS 484C.110 or 484C.120;
[(4)] (IV) Crime of violence as defined in NRS 200.408 that is punishable as a misdemeanor;
[(5)] (V) Harassment pursuant to NRS 200.571 or stalking or aggravated stalking pursuant to NRS 200.575;
[(6)] (VI) Violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378; [or
(7)] (VII) Violation of a stay away order involving a natural person who is the victim of the crime for which the supervised person is being supervised [.] ; or
(VIII) Violation of a condition required pursuant to paragraph (i) or (l) of subsection 1 of NRS 176A.410 or 176A.413; or
(2) Termination from a program which provides residential treatment, as ordered by a court, as a condition of supervision.
Κ The term does not include termination from a specialty court program.
Sec. 5. NRS 176A.630 is hereby amended to read as follows:
176A.630 1. If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted the probation may assign the case to the district court of that district, with the consent of that court. The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it and consider the system of graduated sanctions adopted pursuant to NRS 176A.510, if applicable. Upon determining that the probationer has violated a condition of probation, the court shall, if practicable, order the probationer to make restitution for any necessary expenses incurred by a governmental entity in returning the probationer to the court for violation of the probation.
κ2023 Statutes of Nevada, Page 1651 (CHAPTER 250, AB 32)κ
necessary expenses incurred by a governmental entity in returning the probationer to the court for violation of the probation. If the court finds that the probationer committed a violation of a condition of probation [by committing a new felony or gross misdemeanor, battery which constitutes domestic violence pursuant to NRS 200.485, violation of NRS 484C.110 or 484C.120, crime of violence that is punishable as a misdemeanor, harassment pursuant to NRS 200.571, stalking or aggravated stalking pursuant to NRS 200.575, violation of a stay away order involving a natural person who is the victim of the crime for which the probationer is being supervised, violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 or by absconding,] that is not a technical violation, the court may:
(a) Continue or revoke the probation or suspension of sentence;
(b) Order the probationer to a term of residential confinement pursuant to NRS 176A.660;
(c) Order the probationer to undergo a program of regimental discipline pursuant to NRS 176A.780;
(d) Cause the sentence imposed to be executed; or
(e) Modify the original sentence imposed by reducing the term of imprisonment and cause the modified sentence to be executed. The court shall not make the term of imprisonment less than the minimum term of imprisonment prescribed by the applicable penal statute. If the Chief Parole and Probation Officer recommends that the sentence of a probationer be modified and the modified sentence be executed, the Chief Parole and Probation Officer shall provide notice of the recommendation to any victim of the crime for which the probationer was convicted who has requested in writing to be notified and who has provided a current address to the Division. The notice must inform the victim that he or she has the right to submit documents to the court and to be present and heard at the hearing to determine whether the sentence of a probationer who has violated a condition of probation should be modified. The court shall not modify the sentence of a probationer and cause the sentence to be executed until it has confirmed that the Chief Parole and Probation Officer has complied with the provisions of this paragraph. The Chief Parole and Probation Officer must not be held responsible when such notification is not received by the victim if the victim has not provided a current address. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division pursuant to this paragraph is confidential.
2. If the court finds that the probationer committed one or more technical violations of the conditions of probation [,] and the Division has determined that the graduated sanctions adopted pursuant to NRS 176A.510 have been exhausted, the court may:
(a) Continue the probation or suspension of sentence;
(b) Order the probationer to a term of residential confinement pursuant to NRS 176A.660;
κ2023 Statutes of Nevada, Page 1652 (CHAPTER 250, AB 32)κ
(c) Temporarily revoke the probation or suspension of sentence and impose a term of imprisonment of not more than:
(1) Thirty days for the first temporary revocation;
(2) Ninety days for the second temporary revocation; or
(3) One hundred and eighty days for the third temporary revocation; [or]
(d) Fully revoke the probation or suspension of sentence and impose imprisonment for the remainder of the sentence for a fourth or subsequent revocation [.] ; or
(e) Revoke the probation or suspension of sentence at the request of the probationer. If the probation or suspension of sentence is revoked pursuant to this paragraph, the probationer must serve such part of the unexpired maximum term or the maximum aggregate term, as applicable, of his or her original sentence as may be determined by the court.
3. Notwithstanding any other provision of law, a probationer who is arrested and detained for committing a technical violation of the conditions of probation must be brought before the court not later than 15 calendar days after the date of arrest and detention. If the person is not brought before the court within 15 calendar days, the probationer must be released from detention and returned to probation status. Following a probationers release from detention, the court may subsequently hold a hearing to determine if a technical violation has occurred. If the court finds that such a technical violation occurred, the court may:
(a) Continue probation and modify the terms and conditions of probation; or
(b) Fully or temporarily revoke probation in accordance with the provisions of subsection 2.
4. A probationer who is arrested and detained for committing a technical violation of the conditions of probation must receive credit for any time served while the probationer is waiting for a hearing to determine if a technical violation has occurred. The court must apply such credit to any term of imprisonment imposed pursuant to subsection 2.
5. Any time served by a probationer while waiting for a hearing, as set forth in subsection 4, and any time served in accordance with any term of imprisonment imposed pursuant to subsection 2 must be applied toward the original sentence of the probationer.
6. The commission of one of the following acts by a probationer must not, by itself, be used as the only basis for the revocation of probation:
(a) Consuming any alcoholic beverage.
(b) Testing positive on a drug or alcohol test.
(c) Failing to abide by the requirements of a mental health or substance use treatment program.
(d) Failing to seek and maintain employment.
(e) Failing to pay any required fines or fees.
(f) Failing to report any changes in residence.
[5.] 7. As used in this section [:
(a) Absconding means that a person is actively avoiding supervision by making his or her whereabouts unknown to the Division for a continuous period of 60 days or more.
κ2023 Statutes of Nevada, Page 1653 (CHAPTER 250, AB 32)κ
(b) Technical] , technical violation [means any alleged violation of the conditions of probation that does not constitute absconding and is not the commission of a:
(1) New felony or gross misdemeanor;
(2) Battery which constitutes domestic violence pursuant to NRS 200.485;
(3) Violation of NRS 484C.110 or 484C.120;
(4) Crime of violence that is punishable as a misdemeanor;
(5) Harassment pursuant to NRS 200.571 or stalking or aggravated stalking pursuant to NRS 200.575;
(6) Violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378; or
(7) Violation of a stay away order involving a natural person who is the victim of the crime for which the probationer is being supervised.
Κ The term does not include termination from a specialty court program.] has the meaning ascribed to it in NRS 176A.510.
Sec. 6. NRS 213.1078 is hereby amended to read as follows:
213.1078 1. Except as otherwise provided in subsection 3, the Division shall administer a risk and needs assessment to each parolee under the Divisions supervision. The results of the risk and needs assessment must be used to set a level of supervision for each parolee and to develop individualized case plans pursuant to subsection 4. The risk and needs assessment must be administered and scored by a person trained in the administration of the tool.
2. Except as otherwise provided in subsection 3, on a schedule determined by the [Nevada Risk Assessment System, or its successor] appropriate risk and needs assessment tool, or more often if necessary, the Division shall administer a subsequent risk and needs assessment to each parolee. The results of the risk and needs assessment conducted in accordance with this subsection must be used to determine whether a change in the level of supervision is necessary. The Division shall document the reasons for maintaining or changing the level of supervision. If the Division changes the level of supervision, the Division shall notify the parolee of the change.
3. The provisions of subsections 1 and 2 are not applicable if the level of supervision for the parolee is set by [the Board or by] law.
4. The Division shall develop an individualized case plan for each parolee. The case plan must include a plan for addressing the criminogenic risk factors identified on the risk and needs assessment, if applicable, and the list of responsivity factors that will need to be considered and addressed for each parolee.
5. [Upon a finding that a condition of parole or the level of parole supervision set pursuant to this section does not align with the results of a risk and needs assessment administered pursuant to subsection 1 or 2, the supervising officer shall submit a request to the Board to modify the condition or level of supervision set by the Board.
κ2023 Statutes of Nevada, Page 1654 (CHAPTER 250, AB 32)κ
supervising officer shall submit a request to the Board to modify the condition or level of supervision set by the Board. The Division shall provide written notification to the parolee of any modification.
6.] The risk and needs assessment required under this section must undergo periodic validation studies in accordance with the timeline established by the developer of the assessment. The Division shall establish quality assurance procedures to ensure proper and consistent scoring of the risk and needs assessment.
Sec. 7. NRS 213.15101 is hereby amended to read as follows:
213.15101 1. The Division shall adopt a written system of graduated sanctions for parole and probation officers to use when responding to a technical violation of the conditions of parole. The system must:
(a) Set forth a menu of presumptive sanctions for the most common violations, including, without limitation, failure to report, willful failure to pay fines and fees, failure to participate in a required program or service, failure to complete community service and failure to refrain from the use of alcohol or controlled substances.
(b) Take into account factors such as responsivity factors impacting a persons ability to successfully complete any conditions of supervision, the severity of the current violation, the persons previous criminal record, the number and severity of any previous violations and the extent to which graduated sanctions were imposed for previous violations.
(c) Include guidance on the use of confinement in a jail or detention facility and electronic monitoring pursuant to subsection 3.
2. The Division shall establish and maintain a program of initial and ongoing training for parole and probation officers regarding the system of graduated sanctions.
3. As part of the system of graduated sanctions, the Division may, in response to a technical violation of the conditions of parole:
(a) Impose confinement in a jail or detention facility for a period of not more than 10 days. The total number of days of confinement imposed pursuant to this paragraph must not, in the aggregate, exceed 30 days.
(b) Place the person under a system of active electronic monitoring for a period of not more than 60 days using an electronic device approved by the Division. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the location of the person, including, without limitation, the transmission of still visual images which do not concern the activities of the person, and producing, upon request, reports or records of the persons presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:
(1) Oral or wire communications or any auditory sound; or
(2) Information concerning the activities of the person,
Κ must not be used.
4. Notwithstanding any rule or law to the contrary, a parole and probation officer shall use graduated sanctions established pursuant to this section when responding to a technical violation.
κ2023 Statutes of Nevada, Page 1655 (CHAPTER 250, AB 32)κ
[4.] 5. A parole and probation officer intending to impose a graduated sanction shall provide the supervised person with notice of the intended sanction. The notice must inform the person of any alleged violation and the date thereof and the graduated sanction to be imposed.
[5.] 6. The failure of a supervised person to comply with a sanction may constitute a technical violation of the conditions of parole.
[6.] 7. The Division may not seek revocation of parole for a technical violation of the conditions of parole until all graduated sanctions have been exhausted. If the Division determines that all graduated sanctions have been exhausted, the Division shall submit a report to the Board outlining the reasons for the recommendation of revocation and the steps taken by the Division to change the supervised persons behavior while in the community, including, without limitation, any graduated sanctions imposed before recommending revocation.
[7.] 8. As used in this section:
(a) Absconding has the meaning ascribed to it in NRS [176A.630.] 176A.510.
(b) Technical violation means any alleged violation of the conditions of parole that does not constitute absconding and is not [the] :
(1) The commission of a:
[(1)] (I) New felony or gross misdemeanor;
[(2)] (II) Battery which constitutes domestic violence pursuant to NRS 200.485;
[(3)] (III) Violation of NRS 484C.110 or 484C.120;
[(4)] (IV) Crime of violence as defined in NRS 200.408 that is punishable as a misdemeanor;
[(5)] (V) Harassment pursuant to NRS 200.571 or stalking or aggravated stalking pursuant to NRS 200.575;
[(6)] (VI) Violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378; [or
(7)] (VII) Violation of a stay away order involving a natural person who is the victim of the crime for which the supervised person is being supervised [.] ; or
(VIII) Violation of a condition required pursuant to paragraph (h) or (k) of subsection 1 of NRS 213.1245, 213.1255 or 213.1258; or
(2) Termination from a program indicated in a parole release plan approved by the Division.
Κ The term does not include termination from a specialty court program.
Sec. 8. NRS 213.1519 is hereby amended to read as follows:
213.1519 1. Except as otherwise provided in subsections 2 and 3, a parolee whose parole is revoked by decision of the Board for the commission of a [new felony or gross misdemeanor, battery which constitutes domestic violence pursuant to NRS 200.485, violation of NRS 484C.110 or 484C.120, crime of violence as defined in NRS 200.408 that is punishable as a misdemeanor, harassment pursuant to NRS 200.571, stalking or aggravated stalking pursuant to NRS 200.575, violation of a stay away order involving a natural person who is the victim of the crime for which the parolee is being supervised, violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining
κ2023 Statutes of Nevada, Page 1656 (CHAPTER 250, AB 32)κ
misdemeanor, harassment pursuant to NRS 200.571, stalking or aggravated stalking pursuant to NRS 200.575, violation of a stay away order involving a natural person who is the victim of the crime for which the parolee is being supervised, violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 or for absconding:] violation of a condition of parole that is not a technical violation:
(a) Forfeits all credits for good behavior previously earned to reduce his or her sentence pursuant to chapter 209 of NRS; and
(b) Must serve such part of the unexpired maximum term or the maximum aggregate term, as applicable, of his or her original sentence as may be determined by the Board with rehearing dates scheduled pursuant to NRS 213.142.
Κ The Board may restore any credits forfeited under this subsection.
2. A parolee released on parole pursuant to subsection 1 of NRS 213.1215 whose parole is revoked for having been convicted of a new felony:
(a) Forfeits all credits for good behavior previously earned to reduce his or her sentence pursuant to chapter 209 of NRS;
(b) Must serve the entire unexpired maximum term or the maximum aggregate term, as applicable, of his or her original sentence; and
(c) May not again be released on parole during his or her term of imprisonment.
3. A parolee released on parole pursuant to subsection 2 of NRS 213.1215 whose parole is revoked by decision of the Board for a violation of any rule or regulation governing his or her conduct:
(a) Forfeits all credits for good behavior previously earned to reduce his or her sentence pursuant to chapter 209 of NRS;
(b) Must serve such part of the unexpired maximum term or maximum aggregate term, as applicable, of his or her original sentence as may be determined by the Board; and
(c) Must not be considered again for release on parole pursuant to subsection 2 of NRS 213.1215 but may be considered for release on parole pursuant to NRS 213.1099, with rehearing dates scheduled pursuant to NRS 213.142.
Κ The Board may restore any credits forfeited under this subsection.
4. If the Board finds that the parolee committed one or more technical violations of the conditions of parole [,] and the Division has determined that the graduated sanctions adopted pursuant to NRS 213.15101 have been exhausted, the Board may:
(a) Continue parole supervision;
(b) Temporarily revoke parole supervision and impose a term of imprisonment of not more than:
κ2023 Statutes of Nevada, Page 1657 (CHAPTER 250, AB 32)κ
(1) [Thirty days for the first temporary parole revocation;
(2)] Ninety days for the [second] first temporary parole revocation; or
[(3)] (2) One hundred and eighty days for the [third] second temporary parole revocation; [or]
(c) Fully revoke parole supervision and impose the remainder of the sentence for a [fourth] third or subsequent revocation [.] ; or
(d) Revoke parole supervision at the request of the parolee. If parole supervision is revoked pursuant to this paragraph, the parolee must serve such part of the unexpired maximum term or the maximum aggregate term, as applicable, of his or her original sentence as may be determined by the Board with rehearing dates scheduled pursuant to NRS 213.142.
5. A parolee whose parole is revoked for committing a technical violation of the conditions of parole must receive credit for any time served while the parolee is waiting for a hearing to determine if a technical violation has occurred. The Board must apply such credit to any term of imprisonment imposed pursuant to subsection 4.
6. Any time served by a parolee while waiting for a hearing, as set forth in subsection 5, and any time served in accordance with any term of imprisonment imposed pursuant to subsection 4 must be applied toward the original sentence of the parolee.
7. As used in this section [:
(a) Absconding has the meaning ascribed to it in NRS 176A.630.
(b) Technical] , technical violation [means any alleged violation of the conditions of parole that does not constitute absconding and is not the commission of a:
(1) New felony or gross misdemeanor;
(2) Battery which constitutes domestic violence pursuant to NRS 200.485;
(3) Violation of NRS 484C.110 or 484C.120;
(4) Crime of violence as defined in NRS 200.408 that is punishable as a misdemeanor;
(5) Harassment pursuant to NRS 200.571 or stalking or aggravated stalking pursuant to NRS 200.575;
(6) Violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378; or
(7) Violation of a stay away order involving a natural person who is the victim of the crime for which the parolee is being supervised.
Κ The term does not include termination from a specialty court program.] has the meaning ascribed to it in NRS 213.15101.
Sec. 8.3. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.
κ2023 Statutes of Nevada, Page 1658 (CHAPTER 250, AB 32)κ
86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.
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622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 1 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
κ2023 Statutes of Nevada, Page 1660 (CHAPTER 250, AB 32)κ
this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 8.7. The Department of Sentencing Policy shall:
1. Collect and analyze any relevant data, including, without limitation, jail data, to measure the:
(a) Length of the term of imprisonment served for each person whose probation, suspension of sentence or parole supervision is temporarily revoked due to a technical violation of the conditions of probation or parole, as applicable; and
(b) Recidivism rate for persons who serve a term of imprisonment because their probation, suspension of sentence or parole supervision is revoked due to a technical violation of the conditions of probation or parole, as applicable.
2. On or before January 1, 2025, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature regarding the collection and analysis of data pursuant to subsection 1.
Sec. 8.8. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 9. 1. The amendatory provisions of sections 4, 5, 7 and 8 of this act apply to a technical violation of the conditions of probation or parole, as applicable, that occurs on or after July 1, 2023.
2. As used in subsection 1, technical violation has the meaning ascribed to it in NRS 176A.510 or 213.15101, as applicable.
Sec. 10. This act becomes effective on July 1, 2023.
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