[Rev. 3/13/2024 9:50:47 AM]
κ2023 Statutes of Nevada, Page 1661κ
Assembly Bill No. 153Assemblywoman Marzola
CHAPTER 251
[Approved: June 9, 2023]
AN ACT relating to naprapathy; establishing the Naprapathic Practice Advisory Board; providing for the regulation of the practice of naprapathy by the State Board of Health and the Division of Public and Behavioral Health of the Department of Health and Human Services; prescribing the requirements for the issuance and renewal of a license to practice naprapathy; prescribing certain requirements governing the practice of naprapathy; authorizing the Division to take certain actions to investigate and impose discipline against a naprapath; prescribing certain duties and authority of a naprapath; prohibiting the unlicensed practice of naprapathy except in certain circumstances; establishing a privilege for certain confidential communications; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the regulation of the practice of music therapy, dietetics, medical laboratory personnel, radiation therapy and radiologic imaging by the State Board of Health. (Chapters 640D, 640E, 652 and 653 of NRS) Sections 1.03-1.8 of this bill similarly require the Board and the Division of Public and Behavioral Health of the Department of Health and Human Services to regulate the practice of naprapathy. Section 1.19 of this bill exempts naprapaths employed by the Federal Government and other licensed providers of health care from such regulation. Section 1.18 of this bill defines the term naprapathy to mean the use of certain techniques to diagnose and treat various injuries and connective tissue disorders. Sections 1.06-1.15 of this bill define other relevant terms. Sections 5, 30, 63.5, 64.5, 65.5, and 66.5-68 of this bill exempt naprapaths from provisions governing certain other professions.
Section 1.2 of this bill creates and prescribes the membership of the Naprapathic Practice Advisory Board. Section 1.2 also prescribes the terms of the members of the Advisory Board and certain procedures governing the appointment and compensation of the members. Section 1.23 of this bill prescribes certain requirements relating to the operations of the Advisory Board. Section 1.26 of this bill requires the State Board of Health, with the advice of the Advisory Board, to adopt regulations governing the licensure of naprapaths, the practice of naprapathy and the approval of programs of education in naprapathy. Section 1.23 requires the Advisory Board to advise the State Board of Health on the adoption of those regulations.
Section 1.8 of this bill makes it a misdemeanor for an unlicensed person to engage in or hold himself or herself out to engage in the practice of naprapathy. Section 1.29 of this bill creates certain exceptions to that criminal penalty. Sections 2-4, 6, 7, 35 and 64 of this bill clarify that providers of wellness services and certain providers of health care who are not also licensed as naprapaths are prohibited from engaging in the practice of naprapathy. Section 66 of this bill provides that structural integration, as conducted by massage therapists, does not include the practice of naprapathy.
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Section 1.32 of this bill prescribes the qualifications to obtain a license to practice naprapathy, which include passing a test in the practice of naprapathy prepared, caused to be prepared or designated by the State Board of Health. Section 1.46 of this bill requires the Board to prepare, cause to be prepared or designate such a test. Sections 1.35 and 1.38 of this bill prescribe the qualifications and procedure to obtain a license by endorsement to practice naprapathy. Section 1.32 of this bill exempts applicants for licensure by endorsement from the standard licensure procedures used by the Board. Section 1.4 of this bill requires an applicant for a license as a naprapath, including a license by endorsement, to submit his or her fingerprints for the purpose of a criminal background check. Section 1.49 of this bill prescribes the expiration date and procedure to renew a license to practice naprapathy.
Existing federal law requires each state to adopt procedures to ensure that applicants for certain licenses and certificates comply with child support obligations. (42 U.S.C. § 666) Sections 1.43 and 1.6 of this bill enact such procedures as applicable to an applicant for a license as a naprapath in order to comply with federal law. Sections 87.5 and 91 of this bill remove a requirement that an application for a license as a naprapath include the social security number of the applicant on the date that those federal requirements are repealed, while leaving in place the other requirements of sections 1.43 and 1.6 until 2 years after that date. Section 1.85 of this bill makes a conforming change for applicants for licensure who do not have a social security number.
Section 1.52 of this bill requires each licensed naprapath to conspicuously display his or her license and diploma from a program of education in naprapathy at each place where the licensee engages in the practice of naprapathy.
Existing law establishes a program whereby providers of health care are authorized to ask patients if they are veterans for the purpose of connecting patients who are veterans with the Department of Veterans Services. (NRS 417.123-417.128) Sections 1.54, 82 and 82.3 of this bill authorize naprapaths to participate in that program as providers of health care. Section 1.55 of this bill requires a naprapath who determines that the diagnosis or treatment of a patient is beyond the scope of practice or the skill, training and competence of the naprapath to refer the patient to an appropriate provider of health care.
Section 1.58 of this bill prescribes grounds for discipline against a naprapath. Section 1.65 of this bill requires the Division to hold a hearing upon receiving a report from the Attorney General that a naprapath has committed industrial insurance fraud. Sections 1.7 and 77.5 of this bill provide that certain documents relating to an investigation of a naprapath are confidential. Section 1.7 also provides that certain documents relating to disciplinary proceedings against a naprapath are public records. Section 1.75 of this bill authorizes the Board or Division to apply to a court to enjoin certain misconduct by a naprapath or the unlicensed practice of naprapathy. Sections 77.8 and 79.2-79.8 of this bill make conforming changes to indicate the proper placement of sections 1.03-1.8 in the Nevada Revised Statutes.
Existing law defines the term provider of health care as a person who practices any of certain professions related to the provision of health care. (NRS 629.031) Existing law imposes certain requirements upon providers of health care, including requirements for billing, standards for advertisements and criminal penalties for acquiring certain debts. (NRS 629.071, 629.076, 629.078) Section 1.95 of this bill includes naprapaths in the definition of provider of health care, thereby subjecting naprapaths to those same requirements. Section 8 of this bill requires a naprapath to report misconduct by a person licensed or certified by the State Board of Nursing to the Executive Director of that board.
Existing law establishes a privilege for confidential communications between a patient and a physician, dentist or chiropractor or person participating in the diagnosis or treatment of the patient under the direction of such a provider. (NRS 49.215-49.245) Section 72 of this bill extends that same privilege to apply to confidential communications between a patient and a naprapath or a person under the direction of a naprapath.
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Existing law provides that: (1) assault is generally a misdemeanor, with certain exceptions; and (2) assault upon a provider of health care is a gross misdemeanor or felony, depending on the circumstances. (NRS 200.471) Section 75 of this bill includes a naprapath within the definition of provider of health care for that purpose, thereby making assault upon a naprapath a gross misdemeanor or felony, depending on the circumstances. Sections 76 and 82.5 of this bill require a naprapath to report the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person or the abuse or neglect of a child in the same manner as other providers of health care. A naprapath would also be required to report the commercial sexual exploitation of a child. (NRS 432C.110)
Existing law makes it a felony to perform a health care procedure for which certain licenses are required without such a license. (NRS 200.800-200.840) Sections 76.6 and 76.9 of this bill similarly make it a felony to perform a procedure for which a license as a naprapath is required without such a license. Sections 1.9, 65, 69-71, 73-74.5, 76, 76.3, 77, 78, 79, 80-82 and 83-87 of this bill make revisions to treat naprapaths in the same manner as other similar providers of health care in other certain respects.
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. Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 1.03 to 1.8, inclusive, of this act.
Sec. 1.03. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 1.06 to 1.18, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 1.06. Advisory Board means the Naprapathic Practice Advisory Board created by section 1.2 of this act.
Sec. 1.09. Board means the State Board of Health.
Sec. 1.12. Division means the Division of Public and Behavioral Health of the Department of Health and Human Services.
Sec. 1.15. Naprapath means a person who is a graduate of a program of education in naprapathy approved by the Division or who, by general education, practical training and experience determined to be satisfactory by the Division, is qualified to practice naprapathy and who has been issued a license by the Division.
Sec. 1.18. 1. Naprapathy means the diagnosis and treatment of contractures, muscle spasms, inflammation, scars, adhesions, lesions, laxity, hypotonicity, rigidity, structural imbalances, bruises, contusions, muscular atrophy, partial separation of connective tissue fibers and other connective tissue disorders through the use of techniques, including, without limitation:
(a) Reviewing case history;
(b) The manipulation of connective tissue for examination and treatment;
(c) Therapeutic and rehabilitative exercise;
(d) Postural and nutritional counseling; and
(e) The application of heat, cold, light, water, radiant energy, electricity, sound, air and assistive devices for the purpose of preventing, correcting or alleviating a physical disability.
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2. The term:
(a) Includes, without limitation:
(1) Advising or supervising the practice of naprapathy by another person who is licensed or otherwise authorized by this chapter to practice naprapathy; and
(2) Teaching the practice of naprapathy to any person.
(b) Does not include:
(1) Surgery, pharmacology or invasive diagnostic testing;
(2) Physical therapy, as defined in NRS 640.022, or the practice of physical therapy, as defined in NRS 640.024;
(3) Chiropractic, as defined in NRS 634.013, or any manipulation that constitutes chiropractic adjustment, as defined in NRS 634.014;
(4) Massage therapy, as defined in NRS 640C.060, or structural integration, as defined in NRS 640C.085; or
(5) Any procedure that breaks the skin, including, without limitation, the use of needles or syringes.
Sec. 1.19. This chapter does not apply to:
1. A naprapath 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. 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.
Sec. 1.2. 1. The Naprapathic Practice Advisory Board is hereby created.
2. The Governor shall appoint to the Advisory Board:
(a) Three members who are licensed as naprapaths in this State or any other state; and
(b) Two members who are representatives of the public.
3. Each member of the Advisory Board:
(a) Must be a resident of this State; and
(b) May not serve more than two consecutive terms.
4. After the initial terms, the members of the Advisory Board must be appointed to terms of 4 years. A member:
(a) Serves until a replacement is appointed; and
(b) May not serve more than two full terms.
5. A vacancy on the Advisory Board must be filled in the same manner as the original appointment for the remainder of the unexpired term.
6. The Governor may remove a member of the Advisory Board for incompetence, neglect of duty, moral turpitude or malfeasance in office.
7. The members of the Advisory Board are not entitled to receive a salary. While engaged in the business of the Advisory Board, each member of the Advisory Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the State Board of Health. The rate must not exceed the rate provided for officers and employees of this State generally.
Sec. 1.23. 1. The Advisory Board shall:
(a) Elect from its members a Chair and any other officers determined necessary by the members of the Advisory Board at the first meeting of each year;
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(b) Meet at least two times each year at the call of the Chair of the Advisory Board, or upon the written request of at least three members of the Advisory Board; and
(c) Advise the Board on the adoption of regulations pursuant to this chapter.
2. A majority of the members of the Advisory Board constitutes a quorum for the transaction of the business of the Advisory Board.
Sec. 1.26. The Board, with the advice of the Advisory Board, shall adopt regulations:
1. Governing the licensure of naprapaths and the practice of naprapathy, including, without limitation:
(a) The minimum hours of clinical experience and other minimum qualifications for licensure as a naprapath, in addition to the qualifications prescribed by section 1.32 of this act;
(b) Rules of professional conduct for naprapaths;
(c) The requirements to register as a teacher, advisor or supervisor pursuant to subsection 2 of section 1.29 of this act, including, without limitation, the fee for such registration;
(d) The requirements for continuing education for the renewal of a license as a naprapath; and
(e) Requirements governing advertising or the use of promotional materials by a naprapath; and
2. Prescribing requirements for the approval of programs of education in naprapathy by the Division, including, without limitation, regulations governing the curriculum for such programs.
Sec. 1.29. 1. A person who is enrolled in a program of education in naprapathy that is approved by the Division pursuant to the regulations adopted pursuant to subsection 2 of section 1.26 of this act and who is not licensed to practice naprapathy may engage in the practice of naprapathy while under the supervision of a licensed naprapath.
2. A person who is not licensed to practice naprapathy may practice naprapathy in this State for not more than 1 month in a calendar year as part of his or her duties as a teacher, advisor or supervisor in a program of education in naprapathy or a program of continuing education for naprapaths if the person registers with the Division as a teacher, advisor or supervisor.
3. A person who has graduated from a program of education in naprapathy that is approved by the Division pursuant to the regulations adopted pursuant to subsection 2 of section 1.26 of this act may hold himself or herself out as a doctor of naprapathy and use the letters D.N. following his or her name, regardless of whether he or she is licensed pursuant to this chapter. Such a person who is not licensed pursuant to this chapter shall not identify himself or herself as a naprapath or otherwise hold himself or herself out as licensed or qualified to engage in the practice of naprapathy in this State.
Sec. 1.32. Except as otherwise provided in sections 1.35 and 1.38 of this act, an applicant for a license to practice naprapathy must:
1. Be at least 21 years of age;
2. Have a bachelors degree;
3. Have graduated from a program of education in naprapathy approved by the Division pursuant to the regulations adopted pursuant to subsection 2 of section 1.26 of this act;
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4. Pass the test prepared or designated by the Board pursuant to section 1.46 of this act;
5. Submit to the Division an application fee of $500; and
6. Possess any other qualifications required by the Board pursuant to section 1.26 of this act.
Sec. 1.35. 1. The Division may issue a license by endorsement to practice naprapathy to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice naprapathy in the District of Columbia or any state or territory of the United States.
2. An applicant for a license by endorsement pursuant to this section must submit to the Division with his or her application:
(a) Proof satisfactory to the Division that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or any state or territory of the United States in which the applicant currently holds or has held a license to practice naprapathy; and
(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints in the manner provided in section 1.4 of this act;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) An application fee of $500; and
(e) Any other information required by the Division.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice naprapathy pursuant to this section, the Division shall provide written notice to the applicant of any additional information required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a license by endorsement to practice naprapathy to the applicant not later than:
(a) Forty-five days after receiving the application; or
(b) Ten days after receiving a report on the applicants background based on the submission of the applicants fingerprints pursuant to this section,
Κ whichever occurs later.
Sec. 1.38. 1. The Division may issue a license by endorsement to practice naprapathy to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license to practice naprapathy in the District of Columbia or any state or territory of the United States; and
(b) 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.
2. An applicant for a license by endorsement pursuant to this section must submit to the Division with his or her application:
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(a) Proof satisfactory to the Division that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or the state or territory of the United States in which the applicant holds a license to practice naprapathy; and
(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints in the manner provided in section 1.4 of this act;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) An application fee of $500; and
(e) Any other information required by the Division.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice naprapathy pursuant to this section, the Division shall provide written notice to the applicant of any additional information required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a license by endorsement to practice naprapathy to the applicant not later than:
(a) Forty-five days after receiving all the additional information required by the Division to complete the application; or
(b) Ten days after receiving a report on the applicants background based on the submission of the applicants fingerprints pursuant to this section,
Κ whichever occurs later.
4. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Division may grant a provisional license authorizing an applicant to practice naprapathy in accordance with regulations adopted by the Board, with the advice of the Advisory Board.
5. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 1.4. In addition to any other requirements set forth in this chapter, each applicant for a license, including, without limitation, an expedited license pursuant to section 1.35 or 1.38 of this act, must submit to the Division a complete set of fingerprints and written permission authorizing the Division 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.
Sec. 1.43. 1. In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license as a naprapath shall:
(a) Include the social security number of the applicant in the application submitted to the Division.
(b) Submit to the Division 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 Division 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 Division.
3. A license may not be issued or renewed by the Division 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 Division 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. 1.46. The Board shall:
1. Prepare or cause to be prepared a test on the practice of naprapathy which must be passed by an applicant for a license pursuant to section 1.32 of this act; or
2. Designate a national examination for that purpose.
Sec. 1.49. Each license to practice naprapathy issued pursuant to this chapter expires on January 1 of each year and may be renewed if, before the license expires, the licensee submits to the Division:
1. An application on a form prescribed by the Division;
2. Proof of completion of the requirements for continuing education prescribed by the Board pursuant to section 1.26 of this act; and
3. A renewal fee of $500.
Sec. 1.52. Each person licensed to practice naprapathy shall display his or her license and a copy of his or her diploma from a program of education in naprapathy conspicuously at each place where the person engages in the practice of naprapathy.
Sec. 1.54. 1. A naprapath may:
(a) Ask each new patient who is 18 years of age or older if he or she is a veteran and document the response in the medical record of the patient; and
(b) Provide the contact information for the Department of Veterans Services to any such patient who indicates that he or she is a veteran.
2. The Division may ask each applicant for the renewal of a license as a naprapath if the applicant performs the actions described in subsection 1. If such a question is asked, the Division must allow the applicant to refuse to answer.
3. As used in this section, veteran has the meaning ascribed to it in NRS 417.125.
Sec. 1.55. 1. If a naprapath determines that the diagnosis or treatment of a patient is beyond the scope of practice or the skill, training and competence of the naprapath, the naprapath shall refer the patient to an appropriate provider of health care.
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and competence of the naprapath, the naprapath shall refer the patient to an appropriate provider of health care.
2. As used in this section, provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 1.58. 1. A naprapath is subject to disciplinary action if the naprapath:
(a) Violates any provision of this chapter or any regulation adopted pursuant thereto;
(b) Makes any misrepresentation in obtaining a license;
(c) Has been convicted of a felony relating to the practice of naprapathy;
(d) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
(e) Fails to meet the minimum standards prescribed by the Board; or
(f) Commits any other act or omission designated by regulation of the Board, with the advice of the Advisory Board, as grounds for disciplinary action.
2. The Board, with the advice of the Advisory Board, shall adopt regulations governing the procedure for imposing disciplinary action pursuant to this section and the disciplinary actions that may be imposed. Such disciplinary actions may include, without limitation:
(a) The denial, suspension, revocation or refusal to renew a license;
(b) The imposition of limitations on the practice of the naprapath; and
(c) An administrative fine not to exceed $5,000 for each violation.
Sec. 1.6. 1. If the Division 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 issued pursuant to this chapter, the Division shall deem the license or certificate 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 Division receives a letter issued to the holder of the license or certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Division shall reinstate a license issued pursuant to this chapter that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or certificate was suspended stating that the person whose license or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 1.65. 1. If the Division receives a report pursuant to subsection 5 of NRS 228.420, a hearing must be held pursuant to regulations adopted by the Board, with the advice of the Advisory Board, to consider the contents of the report.
2. The Board, with the advice of the Advisory Board, shall adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 1.7. 1. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Division, 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.
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information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.
2. The complaint or other document filed by the Division to initiate disciplinary action and all documents and information considered by the Division when determining whether to impose discipline are public records.
3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
Sec. 1.75. 1. If the Board or the Division determines that a person has violated or is about to violate any provision of this chapter or a regulation adopted pursuant thereto, the Board or Division may bring an action in a court of competent jurisdiction to enjoin the person from engaging in or continuing the violation.
2. An injunction:
(a) May be issued without proof of actual damage sustained by any person.
(b) Does not prohibit the criminal prosecution and punishment of the person who commits the violation.
Sec. 1.8. 1. Except as authorized by section 1.29 of this act, person who is not licensed as a naprapath pursuant to this chapter, or a person whose license as a naprapath has expired or has been suspended or revoked by the Division, shall not:
(a) Provide naprapathy services;
(b) Use in connection with his or her name the words or letters D.N, naprapath, licensed naprapath, Doctor of Naprapathy or any other letters, words or insignia indicating or implying that he or she is licensed to practice naprapathy, or in any other way, orally, or in writing or print, or by sign, directly or by implication, represent himself or herself as licensed or qualified to engage in the practice of naprapathy; or
(c) List or cause to have listed in any directory, including, without limitation, a telephone directory, his or her name or the name of his or her company under the heading Naprapathy or Naprapath or any other term that indicates or implies that he or she is licensed or qualified to practice naprapathy.
2. A person who violates the provisions of this section is guilty of a misdemeanor.
Sec. 1.85. NRS 622.238 is hereby amended to read as follows:
622.238 1. The Legislature hereby finds and declares that:
(a) It is in the best interests of this State to make full use of the skills and talents of every resident of this State.
(b) It is the public policy of this State that each resident of this State, regardless of his or her immigration or citizenship status, is eligible to receive the benefit of applying for a license, certificate or permit pursuant to 8 U.S.C. § 1621(d).
2. Notwithstanding any other provision of this title, a regulatory body shall not deny the application of a person for the issuance of a license pursuant to this title based solely on his or her immigration or citizenship status.
3. Notwithstanding the provisions of NRS 623.225, 623A.185, 624.268, 625.387, 625A.105, 628.0345, 628B.320, 630.197, 630A.246, 631.225, 632.3446, 633.307, 634.095, 634A.115, 635.056, 636.159, 637.113, 637B.166, 638.103, 639.129, 640.095, 640A.145, 640B.340, 640C.430, 640D.120, 640E.200, 641.175, 641A.215, 641B.206, 641C.280, 641D.330, 642.0195, 643.095, 644A.485, 645.358, 645A.025, 645B.023, 645B.420, 645C.295, 645C.655, 645D.195, 645G.110, 645H.
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640D.120, 640E.200, 641.175, 641A.215, 641B.206, 641C.280, 641D.330, 642.0195, 643.095, 644A.485, 645.358, 645A.025, 645B.023, 645B.420, 645C.295, 645C.655, 645D.195, 645G.110, 645H.550, 648.085, 649.233, 652.075, 653.550, 654.145, 655.075 and 656.155 [,] and section 1.43 of this act, an applicant for a license who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for a license.
4. A regulatory body shall not disclose to any person who is not employed by the regulatory body the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:
(a) Tax purposes;
(b) Licensing purposes; and
(c) Enforcement of an order for the payment of child support.
5. A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to a regulatory body is confidential and is not a public record for the purposes of chapter 239 of NRS.
Sec. 1.9. NRS 622.520 is hereby amended to read as follows:
622.520 1. A regulatory body that regulates a profession pursuant to chapters 630, 630A, 632 to 641D, inclusive, and sections 1.03 to 1.8, inclusive, of this act, 644A or 653 of NRS in this State may enter into a reciprocal agreement with the corresponding regulatory authority of the District of Columbia or any other state or territory of the United States for the purposes of:
(a) Authorizing a qualified person licensed in the profession in that state or territory to practice concurrently in this State and one or more other states or territories of the United States; and
(b) Regulating the practice of such a person.
2. A regulatory body may enter into a reciprocal agreement pursuant to subsection 1 only if the regulatory body determines that:
(a) The corresponding regulatory authority is authorized by law to enter into such an agreement with the regulatory body; and
(b) The applicable provisions of law governing the practice of the respective profession in the state or territory on whose behalf the corresponding regulatory authority would execute the reciprocal agreement are substantially similar to the corresponding provisions of law in this State.
3. A reciprocal agreement entered into pursuant to subsection 1 must not authorize a person to practice his or her profession concurrently in this State unless the person:
(a) Has an active license to practice his or her profession in another state or territory of the United States.
(b) Has been in practice for at least the 5 years immediately preceding the date on which the person submits an application for the issuance of a license pursuant to a reciprocal agreement entered into pursuant to subsection 1.
(c) Has not had his or her license suspended or revoked in any state or territory of the United States.
(d) Has not been refused a license to practice in any state or territory of the United States for any reason.
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(e) Is not involved in and does not have pending any disciplinary action concerning his or her license or practice in any state or territory of the United States.
(f) Pays any applicable fees for the issuance of a license that are otherwise required for a person to obtain a license in this State.
(g) Submits to the applicable regulatory body the statement required by NRS 425.520.
4. If the regulatory body enters into a reciprocal agreement pursuant to subsection 1, the regulatory body must prepare an annual report before January 31 of each year outlining the progress of the regulatory body as it relates to the reciprocal agreement and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the next session of the Legislature in odd-numbered years or to the Joint Interim Standing Committee on Health and Human Services in even-numbered years.
Sec. 1.95. 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) A dentist;
(d) A licensed nurse;
(e) 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) A dispensing optician;
(g) An optometrist;
(h) A speech-language pathologist;
(i) An audiologist;
(j) A practitioner of respiratory care;
(k) A licensed physical therapist;
(l) An occupational therapist;
(m) A podiatric physician;
(n) A licensed psychologist;
(o) A licensed marriage and family therapist;
(p) A licensed clinical professional counselor;
(q) A music therapist;
(r) A chiropractic physician;
(s) An athletic trainer;
(t) A perfusionist;
(u) A doctor of Oriental medicine in any form;
(v) A medical laboratory director or technician;
(w) A pharmacist;
(x) A licensed dietitian;
(y) 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) An alcohol and drug counselor or a problem gambling counselor who is certified pursuant to chapter 641C of NRS;
(aa) An alcohol and drug counselor or a clinical alcohol and drug counselor who is licensed pursuant to chapter 641C of NRS;
(bb) A behavior analyst, assistant behavior analyst or registered behavior technician; [or]
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(cc) A naprapath; or
(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. NRS 629.580 is hereby amended to read as follows:
629.580 1. A person who provides wellness services in accordance with this section, but who is not licensed, certified or registered in this State as a provider of health care, is not in violation of any law based on the unlicensed practice of health care services or a health care profession unless the person:
(a) Performs surgery or any other procedure which punctures the skin of any person;
(b) Sets a fracture of any bone of any person;
(c) Prescribes or administers X-ray radiation to any person;
(d) Prescribes or administers a prescription drug or device or a controlled substance to any person;
(e) Recommends to a client that he or she discontinue or in any manner alter current medical treatment prescribed by a provider of health care licensed, certified or registered in this State;
(f) Makes a diagnosis of a medical disease of any person;
(g) Performs a manipulation or a chiropractic adjustment of the articulations of joints or the spine of any person;
(h) Treats a persons health condition in a manner that intentionally or recklessly causes that person recognizable and imminent risk of serious or permanent physical or mental harm;
(i) Holds out, states, indicates, advertises or implies to any person that he or she is a provider of health care;
(j) Engages in the practice of medicine in violation of chapter 630 or 633 of NRS, the practice of homeopathic medicine in violation of chapter 630A of NRS , the practice of naprapathy in violation of sections 1.03 to 1.8, inclusive, of this act or the practice of podiatry in violation of chapter 635 of NRS, unless otherwise expressly authorized by this section;
(k) Performs massage therapy as that term is defined in NRS 640C.060, reflexology as that term is defined in NRS 640C.080 or structural integration as that term is defined in NRS 640C.085;
(l) Provides mental health services that are exclusive to the scope of practice of a psychiatrist licensed pursuant to chapter 630 or 633 of NRS, or a psychologist licensed pursuant to chapter 641 of NRS; or
(m) Engages in the practice of applied behavior analysis in violation of chapter 641D of NRS.
2. Any person providing wellness services in this State who is not licensed, certified or registered in this State as a provider of health care and who is advertising or charging a fee for wellness services shall, before providing those services, disclose to each client in a plainly worded written statement:
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(a) The persons name, business address and telephone number;
(b) The fact that he or she is not licensed, certified or registered as a provider of health care in this State;
(c) The nature of the wellness services to be provided;
(d) The degrees, training, experience, credentials and other qualifications of the person regarding the wellness services to be provided; and
(e) A statement in substantially the following form:
It is recommended that before beginning any wellness plan, you notify your primary care physician or other licensed providers of health care of your intention to use wellness services, the nature of the wellness services to be provided and any wellness plan that may be utilized. It is also recommended that you ask your primary care physician or other licensed providers of health care about any potential drug interactions, side effects, risks or conflicts between any medications or treatments prescribed by your primary care physician or other licensed providers of health care and the wellness services you intend to receive.
Κ A person who provides wellness services shall obtain from each client a signed copy of the statement required by this subsection, provide the client with a copy of the signed statement at the time of service and retain a copy of the signed statement for a period of not less than 5 years.
3. A written copy of the statement required by subsection 2 must be posted in a prominent place in the treatment location of the person providing wellness services in at least 12-point font. Reasonable accommodations must be made for clients who:
(a) Are unable to read;
(b) Are blind or visually impaired;
(c) Have communication impairments; or
(d) Do not read or speak English or any other language in which the statement is written.
4. Any advertisement for wellness services authorized pursuant to this section must disclose that the provider of those services is not licensed, certified or registered as a provider of health care in this State.
5. A person who violates any provision of this section is guilty of a misdemeanor. Before a criminal proceeding is commenced against a person for a violation of a provision of this section, a notification, educational or mediative approach must be utilized by the regulatory body enforcing the provisions of this section to bring the person into compliance with such provisions.
6. This section does not apply to or control:
(a) Any health care practice by a provider of health care pursuant to the professional practice laws of this State, or prevent such a health care practice from being performed.
(b) Any health care practice if the practice is exempt from the professional practice laws of this State, or prevent such a health care practice from being performed.
(c) A person who provides health care services if the person is exempt from the professional practice laws of this State, or prevent the person from performing such a health care service.
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(d) A medical assistant, as that term is defined in NRS 630.0129 and 633.075, an advanced practitioner of homeopathy, as that term is defined in NRS 630A.015, or a homeopathic assistant, as that term is defined in NRS 630A.035.
7. As used in this section, wellness services means healing arts therapies and practices, and the provision of products, that are based on the following complementary health treatment approaches and which are not otherwise prohibited by subsection 1:
(a) Anthroposophy.
(b) Aromatherapy.
(c) Traditional cultural healing practices.
(d) Detoxification practices and therapies.
(e) Energetic healing.
(f) Folk practices.
(g) Gerson therapy and colostrum therapy.
(h) Healing practices using food, dietary supplements, nutrients and the physical forces of heat, cold, water and light.
(i) Herbology and herbalism.
(j) Reiki.
(k) Mind-body healing practices.
(l) Nondiagnostic iridology.
(m) Noninvasive instrumentalities.
(n) Holistic kinesiology.
Sec. 3. NRS 630.275 is hereby amended to read as follows:
630.275 The Board shall adopt regulations regarding the licensure of a physician assistant, including, but not limited to:
1. The educational and other qualifications of applicants.
2. The required academic program for applicants.
3. The procedures for applications for and the issuance of licenses.
4. The procedures deemed necessary by the Board for applications for and the initial issuance of licenses by endorsement pursuant to NRS 630.2751 or 630.2752.
5. The tests or examinations of applicants required by the Board.
6. The medical services which a physician assistant may perform, except that a physician assistant may not perform those specific functions and duties delegated or restricted by law to persons licensed as dentists, naprapaths, chiropractic physicians, podiatric physicians and optometrists under chapters 631, sections 1.03 to 1.8, inclusive, of this act, 634, 635 and 636, respectively, of NRS, or as hearing aid specialists.
7. The duration, renewal and termination of licenses, including licenses by endorsement. 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 requirements for the renewal of licenses.
8. The grounds and procedures respecting disciplinary actions against physician assistants.
9. The supervision of medical services of a physician assistant by a supervising physician.
10. A physician assistants use of equipment that transfers information concerning the medical condition of a patient in this State electronically, telephonically or by fiber optics, including, without limitation, through telehealth, from within or outside this State or the United States.
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telephonically or by fiber optics, including, without limitation, through telehealth, from within or outside this State or the United States.
Sec. 4. NRS 630.279 is hereby amended to read as follows:
630.279 The Board shall adopt regulations regarding the licensure of practitioners of respiratory care, including, without limitation:
1. Educational and other qualifications of applicants;
2. Required academic programs which applicants must successfully complete;
3. Procedures for applying for and issuing licenses;
4. Tests or examinations of applicants by the Board;
5. The types of medical services that a practitioner of respiratory care may perform, except that a practitioner of respiratory care may not perform those specific functions and duties delegated or otherwise restricted by specific statute to persons licensed as dentists, chiropractic physicians, naprapaths, podiatric physicians, optometrists, physicians, osteopathic physicians or hearing aid specialists pursuant to this chapter or chapter 631, 633, 634, 635, 636 or 637B of NRS, as appropriate, or persons who hold a license to engage in radiation therapy and radiologic imaging or a limited license to engage in radiologic imaging pursuant to chapter 653 of NRS;
6. The duration, renewal and termination of licenses; and
7. The grounds and procedures for disciplinary actions against practitioners of respiratory care.
Sec. 5. NRS 630A.090 is hereby amended to read as follows:
630A.090 1. This chapter does not apply to:
(a) The practice of dentistry, chiropractic, naprapathy, Oriental medicine, podiatry, optometry, perfusion, respiratory care, faith or Christian Science healing, nursing, veterinary medicine or fitting hearing aids.
(b) A medical officer of the Armed Forces or a medical officer 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.
(c) Licensed or certified nurses in the discharge of their duties as nurses.
(d) Homeopathic physicians who are called into this State, other than on a regular basis, for consultation or assistance to any physician licensed in this State, and who are legally qualified to practice in the state or country where they reside.
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 of a person in case of emergency.
(b) The domestic administration of family remedies.
4. This chapter does not authorize a homeopathic physician to practice medicine, including allopathic medicine, except as otherwise provided in NRS 630A.040.
Sec. 6. NRS 630A.299 is hereby amended to read as follows:
630A.299 The Board shall adopt regulations regarding the certification of a homeopathic assistant, including, but not limited to:
1. The educational and other qualifications of applicants.
2. The required academic program for applicants.
3. The procedures for applications for and the issuance of certificates.
4. The tests or examinations of applicants by the Board.
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5. The medical services which a homeopathic assistant may perform, except that a homeopathic assistant may not perform those specific functions and duties delegated or restricted by law to persons licensed as dentists, naprapaths, chiropractic physicians, podiatric physicians, optometrists or hearing aid specialists under chapter 631, sections 1.03 to 1.8, inclusive, of this act, 634, 635, 636 or 637B, respectively, of NRS or persons licensed to engage in radiation therapy or radiologic imaging pursuant to chapter 653 of NRS.
6. The duration, renewal and termination of certificates.
7. The grounds respecting disciplinary actions against homeopathic assistants.
8. The supervision of a homeopathic assistant by a supervising homeopathic physician.
9. The establishment of requirements for the continuing education of homeopathic assistants.
Sec. 7. NRS 632.235 is hereby amended to read as follows:
632.235 A registered nurse may perform such acts, under emergency or other special conditions prescribed by regulations adopted by the Board, which include special training, as are recognized by the medical and nursing professions as proper to be performed by a registered nurse under those conditions, even though the acts might otherwise be considered diagnosis and prescription, but nothing in this chapter authorizes registered nurses to perform those functions and duties specifically delegated by law to persons licensed as dentists, podiatric physicians, optometrists , naprapaths or chiropractic physicians.
Sec. 8. 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, naprapath, 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, 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.
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(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.
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.
Secs. 9-29. (Deleted by amendment.)
Sec. 30. NRS 633.171 is hereby amended to read as follows:
633.171 1. This chapter does not apply to:
(a) The practice of medicine or perfusion pursuant to chapter 630 of NRS, dentistry, chiropractic, naprapathy, podiatry, optometry, respiratory care, faith or Christian Science healing, nursing, veterinary medicine or fitting hearing aids.
(b) A medical officer of the Armed Forces or a medical officer 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.
(c) Osteopathic physicians who are called into this State, other than on a regular basis, for consultation or assistance to a physician licensed in this State, and who are legally qualified to practice in the state where they reside.
(d) Osteopathic physicians who are temporarily exempt from licensure pursuant to NRS 633.420 and are practicing osteopathic medicine within the scope of the exemption.
(e) The performance of medical services by a student enrolled in an educational program for a physician assistant which is accredited by the
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Accreditation Review Commission on Education for the Physician Assistant, Inc., or its successor organization, as part of such a program.
(f) 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 law of this State regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services of a person in cases of emergency.
(b) The domestic administration of family remedies.
Secs. 31-34. (Deleted by amendment.)
Sec. 35. NRS 633.434 is hereby amended to read as follows:
633.434 The Board shall adopt regulations regarding the licensure of a physician assistant, including, without limitation:
1. The educational and other qualifications of applicants.
2. The required academic program for applicants.
3. The procedures for applications for and the issuance of licenses.
4. The procedures deemed necessary by the Board for applications for and the issuance of initial licenses by endorsement pursuant to NRS 633.4335 and 633.4336.
5. The tests or examinations of applicants by the Board.
6. The medical services which a physician assistant may perform, except that a physician assistant may not perform osteopathic manipulative therapy or those specific functions and duties delegated or restricted by law to persons licensed as naprapaths, dentists, chiropractic physicians, doctors of Oriental medicine, podiatric physicians, optometrists and hearing aid specialists under sections 1.03 to 1.8. inclusive, of this act or chapters 631, 634, 634A, 635, 636 and 637B, respectively, of NRS.
7. The grounds and procedures respecting disciplinary actions against physician assistants.
8. The supervision of medical services of a physician assistant by a supervising osteopathic physician.
Secs. 36-63. (Deleted by amendment.)
Sec. 63.5. NRS 637B.080 is hereby amended to read as follows:
637B.080 The provisions of this chapter do not apply to any person who:
1. Holds a current credential issued by the Department of Education pursuant to chapter 391 of NRS and any regulations adopted pursuant thereto and engages in the practice of audiology or speech-language pathology within the scope of that credential;
2. Is employed by the Federal Government and engages in the practice of audiology or speech-language pathology within the scope of that employment;
3. Is a student enrolled in a program or school approved by the Board, is pursuing a degree in audiology or speech-language pathology and is clearly designated to the public as a student; or
4. Holds a current license issued pursuant to chapters 630 to 637, inclusive, and sections 1.03 to 1.8, inclusive, of this act, 640 to 641D, inclusive, or 653 of NRS,
Κ and who does not engage in the private practice of audiology or speech-language pathology in this State.
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Sec. 64. NRS 640.190 is hereby amended to read as follows:
640.190 This chapter does not authorize a physical therapist, whether licensed or not, to practice medicine, osteopathic medicine, naprapathy, homeopathic medicine, chiropractic or any other form or method of healing.
Sec. 64.5. NRS 640A.070 is hereby amended to read as follows:
640A.070 This chapter does not apply to a person:
1. Holding a current license or certificate issued pursuant to chapter 391, 630 to 637B, inclusive, and sections 1.03 to 1.8, inclusive, of this act, 640, 640B to 641B, inclusive, or 641D of NRS, who practices within the scope of that license or certificate.
2. Employed by the Federal Government who practices occupational therapy within the scope of that employment.
3. Enrolled in an educational program approved by the Board which is designed to lead to a certificate or degree in occupational therapy, if the person is designated by a title which clearly indicates that he or she is a student.
4. Obtaining the supervised fieldwork experience necessary to satisfy the requirements of subsection 3 of NRS 640A.120.
Sec. 65. NRS 640B.085 is hereby amended to read as follows:
640B.085 Physician means:
1. A physician licensed pursuant to chapter 630 of NRS;
2. An osteopathic physician licensed pursuant to chapter 633 of NRS;
3. A homeopathic physician licensed pursuant to chapter 630A of NRS;
4. A chiropractic physician licensed pursuant to chapter 634 of NRS; [or]
5. A naprapath licensed pursuant to sections 1.03 to 1.8, inclusive, of this act; or
6. A podiatric physician licensed pursuant to chapter 635 of NRS.
Sec. 65.5. NRS 640B.145 is hereby amended to read as follows:
640B.145 The provisions of this chapter do not apply to:
1. A person who is licensed pursuant to chapters 630 to 637, inclusive, and sections 1.03 to 1.8, inclusive, of this act, or chapter 640, 640A or 641D of NRS, when acting within the scope of that license.
2. A person who is employed by the Federal Government and engages in the practice of athletic training within the scope of that employment.
3. A person who is temporarily exempt from licensure pursuant to NRS 640B.335 and is practicing athletic training within the scope of the exemption.
Sec. 66. NRS 640C.085 is hereby amended to read as follows:
640C.085 1. Structural integration means the application of a system of manual therapy, movement education and embodiment education that is intended to improve the functional relationship of the parts of the human body to each other within the influences of gravity.
2. The term does not include:
(a) The practice of physical therapy, as defined in NRS 640.024; [or]
(b) The practice of chiropractic, as defined in NRS 634.013, including, without limitation, chiropractic adjustment or manipulation, as defined in NRS 634.014 and 634.0173, respectively [.] ; or
(c) The practice of naprapathy, as defined in section 1.18 of this act.
Sec. 66.5. NRS 640C.100 is hereby amended to read as follows:
640C.100 1. The provisions of this chapter do not apply to:
(a) A person licensed pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 640, 640A or 640B of NRS or sections 1.03 to 1.8, inclusive, of this act, if the massage therapy, reflexology or structural integration is performed in the course of the practice for which the person is licensed.
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(b) A person licensed as a barber or apprentice pursuant to chapter 643 of NRS if the person is massaging, cleansing or stimulating the scalp, face, neck or skin within the permissible scope of practice for a barber or apprentice pursuant to that chapter.
(c) A person licensed or registered as an advanced esthetician, esthetician, estheticians apprentice, hair designer, hair designers apprentice, hair braider, shampoo technologist, cosmetologist or cosmetologists apprentice pursuant to chapter 644A of NRS if the person is massaging, cleansing or stimulating the scalp, face, neck or skin within the permissible scope of practice for an advanced esthetician, esthetician, estheticians apprentice, hair designer, hair designers apprentice, hair braider, shampoo technologist, cosmetologist or cosmetologists apprentice pursuant to that chapter.
(d) A person licensed or registered as a nail technologist or nail technologists apprentice pursuant to chapter 644A of NRS if the person is massaging, cleansing or stimulating the hands, forearms, feet or lower legs within the permissible scope of practice for a nail technologist or nail technologists apprentice.
(e) A person who is an employee of an athletic department of any high school, college or university in this State and who, within the scope of that employment, practices massage therapy, reflexology or structural integration on athletes.
(f) Students enrolled in a school of massage therapy, reflexology or structural integration recognized by the Board.
(g) A person who practices massage therapy, reflexology or structural integration solely on members of his or her immediate family.
(h) A person who performs any activity in a licensed brothel.
2. Except as otherwise provided in subsection 3 and NRS 640C.330, the provisions of this chapter preempt the licensure and regulation of a massage therapist, reflexologist or structural integration practitioner by a county, city or town, including, without limitation, conducting a criminal background investigation and examination of a massage therapist, reflexologist or structural integration practitioner or applicant for a license to practice massage therapy, reflexology or structural integration.
3. The provisions of this chapter do not prohibit a county, city or town from requiring a massage therapist, reflexologist or structural integration practitioner to obtain a license or permit to transact business within the jurisdiction of the county, city or town, if the license or permit is required of other persons, regardless of occupation or profession, who transact business within the jurisdiction of the county, city or town.
4. As used in this section, immediate family means persons who are related by blood, adoption or marriage, within the second degree of consanguinity or affinity.
Sec. 67. NRS 640E.090 is hereby amended to read as follows:
640E.090 1. The provisions of this chapter do not apply to:
(a) Any person who is licensed or registered in this State as a physician pursuant to chapter 630, 630A or 633 of NRS, dentist, nurse, dispensing optician, optometrist, occupational therapist, practitioner of respiratory care, physical therapist, podiatric physician, psychologist, marriage and family therapist, chiropractic physician, naprapath, athletic trainer, massage therapist, reflexologist, structural integration practitioner, perfusionist, doctor of Oriental medicine in any form, medical laboratory director or technician or pharmacist who:
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therapist, reflexologist, structural integration practitioner, perfusionist, doctor of Oriental medicine in any form, medical laboratory director or technician or pharmacist who:
(1) Practices within the scope of that license or registration;
(2) Does not represent that he or she is a licensed dietitian or registered dietitian; and
(3) Provides nutrition information incidental to the practice for which he or she is licensed or registered.
(b) A student enrolled in an educational program accredited by the Accreditation Council for Education in Nutrition and Dietetics, or its successor organization, if the student engages in the practice of dietetics under the supervision of a licensed dietitian or registered dietitian as part of that educational program.
(c) A registered dietitian employed by the Armed Forces of the United States, the United States Department of Veterans Affairs or any division or department of the Federal Government in the discharge of his or her official duties, including, without limitation, the practice of dietetics or providing nutrition services.
(d) A person who furnishes nutrition information, provides recommendations or advice concerning nutrition, or markets food, food materials or dietary supplements and provides nutrition information, recommendations or advice related to that marketing, if the person does not represent that he or she is a licensed dietitian or registered dietitian. While performing acts described in this paragraph, a person shall be deemed not to be engaged in the practice of dietetics or the providing of nutrition services.
(e) A person who provides services relating to weight loss or weight control through a program reviewed by and in consultation with a licensed dietitian or physician or a dietitian licensed or registered in another state which has equivalent licensure requirements as this State, as long as the person does not change the services or program without the approval of the person with whom he or she is consulting.
2. As used in this section, nutrition information means information relating to the principles of nutrition and the effect of nutrition on the human body, including, without limitation:
(a) Food preparation;
(b) Food included in a normal daily diet;
(c) Essential nutrients required by the human body and recommended amounts of essential nutrients, based on nationally established standards;
(d) The effect of nutrients on the human body and the effect of deficiencies in or excess amounts of nutrients in the human body; and
(e) Specific foods or supplements that are sources of essential nutrients.
Sec. 68. NRS 644A.150 is hereby amended to read as follows:
644A.150 1. The following persons are exempt from the provisions of this chapter:
(a) Except for those provisions relating to advanced estheticians, all persons authorized by the laws of this State to practice medicine, dentistry, osteopathic medicine, chiropractic , naprapathy or podiatry.
(b) Commissioned medical officers of the United States Army, Navy, or Marine Hospital Service when engaged in the actual performance of their official duties, and attendants attached to those services.
(c) Barbers, insofar as their usual and ordinary vocation and profession is concerned, when engaged in any of the following practices:
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(1) Cleansing or singeing the hair of any person.
(2) Massaging, cleansing, stimulating, exercising or similar work upon the scalp, face or neck of any person, with the hands or with mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
(d) Retailers, at a retail establishment, insofar as their usual and ordinary vocation and profession is concerned, when engaged in the demonstration of cosmetics if:
(1) The demonstration is without charge to the person to whom the demonstration is given; and
(2) The retailer does not advertise or provide a service relating to the practice of cosmetology except cosmetics and fragrances.
(e) Photographers or their employees, insofar as their usual and ordinary vocation and profession is concerned, if the photographer or his or her employee does not advertise cosmetological services or the practice of makeup artistry and provides cosmetics without charge to the customer.
2. Any school of cosmetology conducted as part of the vocational rehabilitation training program of the Department of Corrections or the Caliente Youth Center:
(a) Is exempt from the requirements of paragraph (c) of subsection 2 of NRS 644A.740.
(b) Notwithstanding the provisions of NRS 644A.735, shall maintain a staff of at least one licensed instructor.
3. Any health care professional, as defined in NRS 453C.030, is exempt from the provisions of this chapter relating to advanced estheticians.
Sec. 69. NRS 7.095 is hereby amended to read as follows:
7.095 1. An attorney shall not contract for or collect a fee contingent on the amount of recovery for representing a person seeking damages in connection with an action for injury or death against a provider of health care based upon professional negligence in excess of:
(a) Forty percent of the first $50,000 recovered;
(b) Thirty-three and one-third percent of the next $50,000 recovered;
(c) Twenty-five percent of the next $500,000 recovered; and
(d) Fifteen percent of the amount of recovery that exceeds $600,000.
2. The limitations set forth in subsection 1 apply to all forms of recovery, including, without limitation, settlement, arbitration and judgment.
3. For the purposes of this section, recovered means the net sum recovered by the plaintiff after deducting any disbursements or costs incurred in connection with the prosecution or settlement of the claim. Costs of medical care incurred by the plaintiff and general and administrative expenses incurred by the office of the attorney are not deductible disbursements or costs.
4. As used in this section:
(a) Professional negligence means a negligent act or omission to act by a provider of health care in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death. The term does not include services that are outside the scope of services for which the provider of health care is licensed or services for which any restriction has been imposed by the applicable regulatory board or health care facility.
(b) Provider of health care means a physician licensed under chapter 630 or 633 of NRS, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractic physician, naprapath, 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 and its employees.
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optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractic physician, naprapath, 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 and its employees.
Sec. 69.5. NRS 41.138 is hereby amended to read as follows:
41.138 1. In any civil action concerning any unwelcome or nonconsensual sexual conduct, including, without limitation, sexual harassment, there is a rebuttable presumption that the sexual conduct was unwelcome or nonconsensual if the alleged perpetrator was a person in a position of authority over the alleged victim.
2. As used in this section:
(a) Person in a position of authority means a parent, relative, household member, employer, supervisor, youth leader, scout leader, coach, mentor in a mentoring program, teacher, professor, counselor, school administrator, religious leader, doctor, nurse, psychologist, naprapath, other health care provider, guardian ad litem, guardian, babysitter, police officer or other law enforcement officer or any other person who, by reason of his or her position, is able to exercise significant or undue influence over the victim.
(b) Sexual harassment has the meaning ascribed to it in NRS 176A.280.
Sec. 70. 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, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractic physician, naprapath, 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. 71. NRS 42.021 is hereby amended to read as follows:
42.021 1. In an action for injury or death against a provider of health care based upon professional negligence, if the defendant so elects, the defendant may introduce evidence of any amount payable as a benefit to the plaintiff as a result of the injury or death pursuant to the United States Social Security Act, any state or federal income disability or workers compensation act, any health, sickness or income-disability insurance, accident insurance that provides health benefits or income-disability coverage, and any contract or agreement of any group, organization, partnership or corporation to provide, pay for or reimburse the cost of medical, hospital, dental or other health care services. If the defendant elects to introduce such evidence, the plaintiff may introduce evidence of any amount that the plaintiff has paid or contributed to secure the plaintiffs right to any insurance benefits concerning which the defendant has introduced evidence.
2. A source of collateral benefits introduced pursuant to subsection 1 may not:
(a) Recover any amount against the plaintiff; or
(b) Be subrogated to the rights of the plaintiff against a defendant.
3. In an action for injury or death against a provider of health care based upon professional negligence, a district court shall, at the request of either party, enter a judgment ordering that money damages or its equivalent for future damages of the judgment creditor be paid in whole or in part by periodic payments rather than by a lump-sum payment if the award equals or exceeds $50,000 in future damages.
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either party, enter a judgment ordering that money damages or its equivalent for future damages of the judgment creditor be paid in whole or in part by periodic payments rather than by a lump-sum payment if the award equals or exceeds $50,000 in future damages.
4. In entering a judgment ordering the payment of future damages by periodic payments pursuant to subsection 3, the court shall make a specific finding as to the dollar amount of periodic payments that will compensate the judgment creditor for such future damages. As a condition to authorizing periodic payments of future damages, the court shall require a judgment debtor who is not adequately insured to post security adequate to assure full payment of such damages awarded by the judgment. Upon termination of periodic payments of future damages, the court shall order the return of this security, or so much as remains, to the judgment debtor.
5. A judgment ordering the payment of future damages by periodic payments entered pursuant to subsection 3 must specify the recipient or recipients of the payments, the dollar amount of the payments, the interval between payments, and the number of payments or the period of time over which payments will be made. Such payments must only be subject to modification in the event of the death of the judgment creditor. Money damages awarded for loss of future earnings must not be reduced or payments terminated by reason of the death of the judgment creditor, but must be paid to persons to whom the judgment creditor owed a duty of support, as provided by law, immediately before the judgment creditors death. In such cases, the court that rendered the original judgment may, upon petition of any party in interest, modify the judgment to award and apportion the unpaid future damages in accordance with this subsection.
6. If the court finds that the judgment debtor has exhibited a continuing pattern of failing to make the periodic payments as specified pursuant to subsection 5, the court shall find the judgment debtor in contempt of court and, in addition to the required periodic payments, shall order the judgment debtor to pay the judgment creditor all damages caused by the failure to make such periodic payments, including, but not limited to, court costs and attorneys fees.
7. Following the occurrence or expiration of all obligations specified in the periodic payment judgment, any obligation of the judgment debtor to make further payments ceases and any security given pursuant to subsection 4 reverts to the judgment debtor.
8. As used in this section:
(a) Future damages includes damages for future medical treatment, care or custody, loss of future earnings, loss of bodily function, or future pain and suffering of the judgment creditor.
(b) Periodic payments means the payment of money or delivery of other property to the judgment creditor at regular intervals.
(c) Professional negligence means a negligent act or omission to act by a provider of health care in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death. The term does not include services that are outside the scope of services for which the provider of health care is licensed or services for which any restriction has been imposed by the applicable regulatory board or health care facility.
(d) Provider of health care means a physician licensed under chapter 630 or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, naprapath, 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 and its employees.
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registered physical therapist, podiatric physician, naprapath, 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 and its employees.
Sec. 72. NRS 49.215 is hereby amended to read as follows:
49.215 As used in NRS 49.215 to 49.245, inclusive:
1. A communication is confidential if it is not intended to be disclosed to third persons other than:
(a) Those present to further the interest of the patient in the consultation, examination or interview;
(b) Persons reasonably necessary for the transmission of the communication; or
(c) Persons who are participating in the diagnosis and treatment under the direction of the doctor, including members of the patients family.
2. Doctor means a person licensed to practice medicine, dentistry or osteopathic medicine , [or] chiropractic or naprapathy in any state or nation, or a person who is reasonably believed by the patient to be so licensed, and in addition includes a person employed by a public or private agency as a psychiatric social worker, or someone under his or her guidance, direction or control, while engaged in the examination, diagnosis or treatment of a patient for a mental condition.
3. Patient means a person who consults or is examined or interviewed by a doctor for purposes of diagnosis or treatment.
Sec. 73. NRS 52.320 is hereby amended to read as follows:
52.320 As used in NRS 52.320 to 52.375, inclusive, unless the context otherwise requires:
1. Custodian of medical records means a chiropractic physician, naprapath, physician, registered physical therapist or licensed nurse who prepares and maintains medical records, or any employee or agent of such a person or a facility for convalescent care, medical laboratory or hospital who has care, custody and control of medical records for such a person or institution.
2. Medical records includes bills, ledgers, statements and other accounts which show the cost of medical services or care provided to a patient.
Sec. 74. NRS 89.050 is hereby amended to read as follows:
89.050 1. Except as otherwise provided in subsection 2, a professional entity may be organized only for the purpose of rendering one specific type of professional service and may not engage in any business other than rendering the professional service for which it was organized and services reasonably related thereto, except that a professional entity may own real and personal property appropriate to its business and may invest its money in any form of real property, securities or any other type of investment.
2. A professional entity may be organized to render a professional service relating to:
(a) Architecture, interior design, residential design, engineering and landscape architecture, or any combination thereof, and may be composed of persons:
(1) Engaged in the practice of architecture as provided in chapter 623 of NRS;
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(2) Practicing as a registered interior designer as provided in chapter 623 of NRS;
(3) Engaged in the practice of residential design as provided in chapter 623 of NRS;
(4) Engaged in the practice of landscape architecture as provided in chapter 623A of NRS; and
(5) Engaged in the practice of professional engineering as provided in chapter 625 of NRS.
(b) Medicine, homeopathy, osteopathy, naprapathy, chiropractic and psychology, or any combination thereof, and may be composed of persons engaged in the practice of:
(1) Medicine as provided in chapter 630 of NRS;
(2) Homeopathic medicine as provided in chapter 630A of NRS;
(3) Osteopathic medicine as provided in chapter 633 of NRS;
(4) Naprapathy as provided in sections 1.03 to 1.8, inclusive, of this act;
(5) Chiropractic as provided in chapter 634 of NRS; and
[(5)] (6) Psychology and licensed to provide services pursuant to chapter 641 of NRS.
Κ Such a professional entity may market and manage additional professional entities which are organized to render a professional service relating to medicine, homeopathy, osteopathy, naprapathy, chiropractic and psychology.
(c) Mental health services, and may be composed of the following persons, in any number and in any combination:
(1) Any psychologist who is licensed to practice in this State;
(2) Any social worker who holds a masters degree in social work and who is licensed by this State as a clinical social worker;
(3) Any registered nurse who is licensed to practice professional nursing in this State and who holds a masters degree in the field of psychiatric nursing;
(4) Any marriage and family therapist who is licensed by this State pursuant to chapter 641A of NRS; and
(5) Any clinical professional counselor who is licensed by this State pursuant to chapter 641A of NRS.
Κ Such a professional entity may market and manage additional professional entities which are organized to render a professional service relating to mental health services pursuant to this paragraph.
3. A professional entity may render a professional service only through its officers, managers and employees who are licensed or otherwise authorized by law to render the professional service.
Sec. 74.5. NRS 89.055 is hereby amended to read as follows:
89.055 1. An owner of a professional entity organized pursuant to paragraph (b) of subsection 2 of NRS 89.050 shall not:
(a) Create a policy or contract, written or otherwise, to restrict or prohibit the good faith communication between a patient and a person licensed pursuant to chapter 630, 630A, 633, 634 or 641 of NRS, or sections 1.03 to 1.8, inclusive, of this act concerning the patients medical records, health care, risks or benefits of such health care or treatment options.
(b) Influence or interfere with the professional judgment of a person licensed pursuant to chapter 630, 630A, 633, 634 or 641 of NRS, or sections 1.03 to 1.8, inclusive, of this act, including, without limitation, the professional judgment of such a person concerning:
κ2023 Statutes of Nevada, Page 1688 (CHAPTER 251, AB 153)κ
sections 1.03 to 1.8, inclusive, of this act, including, without limitation, the professional judgment of such a person concerning:
(1) The care of a patient;
(2) The custodian of the medical records of a patient;
(3) Employment decisions, including hiring or terminating an employee; or
(4) Coding or billing procedures.
(c) Terminate a contract or refuse to renew a contract with a person licensed pursuant to chapter 630, 630A, 633, 634 or 641 of NRS or sections 1.03 to 1.8, inclusive, of this act because the person:
(1) Advocates on behalf of a patient in private or public;
(2) Assists a patient in seeking reconsideration of a denial of coverage of health care services; or
(3) Reports a violation of law to an appropriate authority.
(d) Require a person licensed pursuant to chapter 630, 630A, 633, 634 or 641 of NRS or sections 1.03 to 1.8, inclusive, of this act to:
(1) Provide professional services to a specified number of patients within a particular amount of time; or
(2) Work a certain number of hours in a specified period of time.
(e) Require a person licensed pursuant to chapter 630, 630A, 633, 634 or 641 of NRS or sections 1.03 to 1.8, inclusive, of this act to obtain the approval or review of a contract by a third party, including, without limitation, a provider of insurance.
2. A person licensed pursuant to chapter 630, 630A, 633, 634 or 641 of NRS or sections 1.03 to 1.8, inclusive, of this act who renders a professional service through a professional entity organized pursuant to paragraph (b) of subsection 2 of NRS 89.050 shall not:
(a) Render such a professional service if the service exceeds the scope of his or her licensed authority pursuant to chapter 630, 630A, 633, 634 or 641 of NRS [;] or sections 1.03 to 1.8, inclusive, of this act; and
(b) Through the use of an agreement, directive, financial incentive or any other arrangement, influence or interfere with the professional judgment of another person licensed pursuant to chapter 630, 630A, 633, 634 or 641 of NRS or sections 1.03 to 1.8, inclusive, of this act who renders a professional service through the same professional entity.
Sec. 75. 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
(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;
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(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 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 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 naprapath, 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.
(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.
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(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.
Sec. 76. 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
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(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, naprapath, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, 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.
(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.
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(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.
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.
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Sec. 76.3. NRS 200.5095 is hereby amended to read as follows:
200.5095 1. Reports made pursuant to NRS 200.5093 and 200.5094, and records and investigations relating to those reports, are confidential.
2. A person, law enforcement agency or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigation of the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, except:
(a) Pursuant to a criminal prosecution;
(b) Pursuant to NRS 200.50982; or
(c) To persons or agencies enumerated in subsection 3,
Κ is guilty of a misdemeanor.
3. Except as otherwise provided in subsection 2 and NRS 200.50982, data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is available only to:
(a) A physician who is providing care to an older person or a vulnerable person who may have been abused, neglected, exploited, isolated or abandoned;
(b) An agency responsible for or authorized to undertake the care, treatment and supervision of the older person or vulnerable person;
(c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person;
(d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;
(e) A person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;
(f) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;
(g) Any comparable authorized person or agency in another jurisdiction;
(h) A legal guardian of the older person or vulnerable person, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the legal guardian of the older person or vulnerable person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;
(i) If the older person or vulnerable person is deceased, the executor or administrator of his or her estate, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the executor or administrator is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;
(j) The older person or vulnerable person named in the report as allegedly being abused, neglected, exploited, isolated or abandoned, if that person is not legally incapacitated;
(k) An attorney appointed by a court to represent a protected person in a guardianship proceeding pursuant to NRS 159.0485, if:
(1) The protected person is an older person or vulnerable person;
(2) The identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected; and
κ2023 Statutes of Nevada, Page 1694 (CHAPTER 251, AB 153)κ
(3) The attorney of the protected person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment; or
(l) The State Guardianship Compliance Office created by NRS 159.341.
4. If the person who is reported to have abused, neglected, exploited, isolated or abandoned an older person or a vulnerable person is the holder of a license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive, and sections 1.03 to 1.8, inclusive, of this act, 641D, 653 or 654 of NRS, the information contained in the report must be submitted to the board that issued the license.
5. If data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is made available pursuant to paragraph (b) or (j) of subsection 3 or subsection 4, the name and any other identifying information of the person who made the report must be redacted before the data or information is made available.
Sec. 76.6. NRS 200.810 is hereby amended to read as follows:
200.810 Health care procedure means any medical procedure, other than a surgical procedure, that requires a license to perform pursuant to chapters 630 to 637, inclusive, and sections 1.03 to 1.8, inclusive, of this act, 639, 640 or 653 of NRS.
Sec. 76.9. NRS 200.820 is hereby amended to read as follows:
200.820 Surgical procedure means any invasive medical procedure where a break in the skin is created and there is contact with the mucosa or any minimally invasive medical procedure where a break in the skin is created or which involves manipulation of the internal body cavity beyond a natural or artificial body orifice which requires a license to perform pursuant to chapters 630 to 637, inclusive, and sections 1.03 to 1.8, inclusive, of this act, 639, 640 or 653 of NRS.
Sec. 77. NRS 202.2491 is hereby amended to read as follows:
202.2491 1. Except as otherwise provided in subsections 5 and 6 and NRS 202.24915, the smoking of tobacco in any form is prohibited if done in any:
(a) Public elevator.
(b) Public building.
(c) Public waiting room, lobby or hallway of any:
(1) Medical facility or facility for the dependent as defined in chapter 449 of NRS; or
(2) Office of any chiropractic physician, naprapath, dentist, physical therapist, physician, podiatric physician, psychologist, optician, optometrist or doctor of Oriental medicine.
(d) Hotel or motel when so designated by the operator thereof.
(e) Public area of a store principally devoted to the sale of food for human consumption off the premises.
(f) Child care facility.
(g) Bus used by the general public, other than a chartered bus, or in any maintenance facility or office associated with a bus system operated by any regional transportation commission.
(h) School bus.
(i) Video arcade.
2. The person in control of an area listed in paragraph (c), (d), (e) or (g) of subsection 1:
(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).
κ2023 Statutes of Nevada, Page 1695 (CHAPTER 251, AB 153)κ
(b) May designate separate rooms or portions of the area which may be used for smoking, except for a room or portion of the area of a store described in paragraph (e) of subsection 1 if the room or portion of the area:
(1) Is leased to or operated by a person licensed pursuant to NRS 463.160; and
(2) Does not otherwise qualify for an exemption set forth in NRS 202.24915.
3. The person in control of a public building:
(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).
(b) Shall, except as otherwise provided in this subsection, designate a separate area which may be used for smoking.
Κ A school district which prohibits the use of tobacco by pupils need not designate an area which may be used by the pupils to smoke.
4. The operator of a restaurant with a seating capacity of 50 or more shall maintain a flexible nonsmoking area within the restaurant and offer each patron the opportunity to be seated in a smoking or nonsmoking area.
5. A business which derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or 50 percent of its gross receipts from gaming operations may be designated as a smoking area in its entirety by the operator of the business.
6. The smoking of tobacco is not prohibited in:
(a) Any room or area designated for smoking pursuant to paragraph (b) of subsection 2 or paragraph (b) of subsection 3.
(b) A licensed gaming establishment. A licensed gaming establishment may designate separate rooms or areas within the establishment which may or may not be used for smoking.
7. As used in this section:
(a) Child care facility means an establishment operated and maintained to furnish care on a temporary or permanent basis, during the day or overnight, to five or more children under 18 years of age, if compensation is received for the care of any of those children. The term does not include the home of a natural person who provides child care.
(b) Licensed gaming establishment has the meaning ascribed to it in NRS 463.0169.
(c) Public building means any building or office space owned or occupied by:
(1) Any component of the Nevada System of Higher Education and used for any purpose related to the System.
(2) The State of Nevada and used for any public purpose, other than that used by the Department of Corrections to house or provide other services to offenders.
(3) Any county, city, school district or other political subdivision of the State and used for any public purpose.
Κ If only part of a building is owned or occupied by an entity described in this paragraph, the term means only that portion of the building which is so owned or occupied.
(d) School bus has the meaning ascribed to it in NRS 483.160.
(e) Video arcade means a facility legally accessible to persons under 18 years of age which is intended primarily for the use of pinball and video machines for amusement and which contains a minimum of 10 such machines.
κ2023 Statutes of Nevada, Page 1696 (CHAPTER 251, AB 153)κ
Sec. 77.5. 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.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.
κ2023 Statutes of Nevada, Page 1697 (CHAPTER 251, AB 153)κ
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 section 1.7 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 1698 (CHAPTER 251, AB 153)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. 77.8. NRS 284.013 is hereby amended to read as follows:
284.013 1. Except as otherwise provided in subsection 4, this chapter does not apply to:
(a) Agencies, bureaus, commissions, officers or personnel in the Legislative Department or the Judicial Department of State Government, including the Commission on Judicial Discipline;
(b) Any person who is employed by a board, commission, committee or council created in chapters 445C, 590, 623 to 625A, inclusive, 628, 630 to 644A, inclusive, and sections 1.03 to 1.8, inclusive, 648, 652, 654 and 656 of NRS; or
(c) Officers or employees of any agency of the Executive Department of the State Government who are exempted by specific statute.
2. Except as otherwise provided in subsection 3, the terms and conditions of employment of all persons referred to in subsection 1, including salaries not prescribed by law and leaves of absence, including, without limitation, annual leave and sick and disability leave, must be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations.
3. Except as otherwise provided in this subsection, leaves of absence prescribed pursuant to subsection 2 must not be of lesser duration than those provided for other state officers and employees pursuant to the provisions of this chapter. The provisions of this subsection do not govern the Legislative Commission with respect to the personnel of the Legislative Counsel Bureau.
4. Any board, commission, committee or council created in chapters 445C, 590, 623 to 625A, inclusive, 628, 630 to 644A, inclusive, 648, 652, 654 and 656 of NRS which contracts for the services of a person, shall require the contract for those services to be in writing. The contract must be approved by the State Board of Examiners before those services may be provided.
5. Except as otherwise provided in NRS 284.4086, to the extent that they are inconsistent or otherwise in conflict, the provisions of this chapter do not apply to any terms and conditions of employment that are properly within the scope of and subject to the provisions of a collective bargaining agreement or a supplemental bargaining agreement that is enforceable pursuant to the provisions of NRS 288.400 to 288.630, inclusive.
κ2023 Statutes of Nevada, Page 1699 (CHAPTER 251, AB 153)κ
agreement or a supplemental bargaining agreement that is enforceable pursuant to the provisions of NRS 288.400 to 288.630, inclusive.
Sec. 78. NRS 287.020 is hereby amended to read as follows:
287.020 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada may adopt and carry into effect a system of medical or hospital service, or a combination thereof, through nonprofit membership corporations defraying the cost of medical service or hospital care, or both, open to participation by all licentiates of the particular class, whether doctors of medicine, doctors of osteopathy , doctors of naprapathy or doctors of chiropractic, offering services through such a nonprofit membership corporation, for the benefit of such of their officers and employees, and the dependents of such officers and employees, as may elect to accept membership in such nonprofit corporation and who have authorized the governing body to make deductions from their compensation for the payment of membership dues.
2. A part, not to exceed 50 percent, of the cost of such membership dues may be defrayed by such governing body by contribution. The money for such contributions must be budgeted for in accordance with the laws governing such county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada.
3. The power conferred in this section, with respect to the rendition of medical or hospital service, or a combination thereof, is coextensive with the power conferred in NRS 287.010 with respect to insurance companies.
4. If a school district offers coverage for medical service or hospital care, or both, to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the coverage. If the amount of the deductions from compensation required to pay for the coverage exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.
Sec. 79. NRS 288.140 is hereby amended to read as follows:
288.140 1. It is the right of every local government employee, subject to the limitations provided in subsections 3 and 4, to join any employee organization of the employees choice or to refrain from joining any employee organization. A local government employer shall not discriminate in any way among its employees on account of membership or nonmembership in an employee organization.
2. The recognition of an employee organization for negotiation, pursuant to this chapter, does not preclude any local government employee who is not a member of that employee organization from acting for himself or herself with respect to any condition of his or her employment, but any action taken on a request or in adjustment of a grievance shall be consistent with the terms of an applicable negotiated agreement, if any.
3. A police officer, sheriff, deputy sheriff or other law enforcement officer may be a member of an employee organization only if such employee organization is composed exclusively of law enforcement officers.
4. The following persons may not be a member of an employee organization:
(a) A supervisory employee described in paragraph (b) of subsection 1 of NRS 288.138, including but not limited to appointed officials and department heads who are primarily responsible for formulating and administering management, policy and programs.
κ2023 Statutes of Nevada, Page 1700 (CHAPTER 251, AB 153)κ
department heads who are primarily responsible for formulating and administering management, policy and programs.
(b) A doctor or physician who is employed by a local government employer.
(c) Except as otherwise provided in this paragraph, an attorney who is employed by a local government employer and who is assigned to a civil law division, department or agency. The provisions of this paragraph do not apply with respect to an attorney for the duration of a collective bargaining agreement to which the attorney is a party as of July 1, 2011.
5. As used in this section, doctor or physician means a doctor, physician, homeopathic physician, osteopathic physician, naprapath, chiropractic physician, practitioner of Oriental medicine, podiatric physician or practitioner of optometry, as those terms are defined or used, respectively, in NRS 630.014, 630A.050, 633.091, section 1.15 of this act, chapter 634 of NRS, chapter 634A of NRS, chapter 635 of NRS or chapter 636 of NRS.
Sec. 79.2. NRS 353.005 is hereby amended to read as follows:
353.005 Except as otherwise provided in NRS 353.007, the provisions of this chapter do not apply to boards created by the provisions of NRS 590.485 and chapters 623 to 625A, inclusive, 628, 630 to 644A, inclusive, and sections 1.03 to 1.8, inclusive, of this act, 648, 654 and 656 of NRS and the officers and employees of those boards.
Sec. 79.4. NRS 353A.020 is hereby amended to read as follows:
353A.020 1. The Director, in consultation with the Committee and Legislative Auditor, shall adopt a uniform system of internal accounting and administrative control for agencies. The elements of the system must include, without limitation:
(a) A plan of organization which provides for a segregation of duties appropriate to safeguard the assets of the agency;
(b) A plan which limits access to assets of the agency to persons who need the assets to perform their assigned duties;
(c) Procedures for authorizations and recordkeeping which effectively control accounting of assets, liabilities, revenues and expenses;
(d) A system of practices to be followed in the performance of the duties and functions of each agency; and
(e) An effective system of internal review.
2. The Director, in consultation with the Committee and Legislative Auditor, may modify the system whenever the Director considers it necessary.
3. Each agency shall develop written procedures to carry out the system of internal accounting and administrative control adopted pursuant to this section.
4. For the purposes of this section, agency does not include:
(a) A board created by the provisions of NRS 590.485 and chapters 623 to 625A, inclusive, 628, 630 to 644A, inclusive, and sections 1.03 to 1.8, inclusive, of this act, 648, 654 and 656 of NRS.
(b) The Nevada System of Higher Education.
(c) The Public Employees Retirement System.
(d) The Housing Division of the Department of Business and Industry.
(e) The Colorado River Commission of Nevada.
Sec. 79.6. NRS 353A.025 is hereby amended to read as follows:
353A.025 1. The head of each agency shall periodically review the agencys system of internal accounting and administrative control to determine whether it is in compliance with the uniform system of internal accounting and administrative control for agencies adopted pursuant to subsection 1 of NRS 353A.020.
κ2023 Statutes of Nevada, Page 1701 (CHAPTER 251, AB 153)κ
determine whether it is in compliance with the uniform system of internal accounting and administrative control for agencies adopted pursuant to subsection 1 of NRS 353A.020.
2. On or before July 1 of each even-numbered year, the head of each agency shall report to the Director whether the agencys system of internal accounting and administrative control is in compliance with the uniform system adopted pursuant to subsection 1 of NRS 353A.020. The reports must be made available for inspection by the members of the Legislature.
3. For the purposes of this section, agency does not include:
(a) A board created by the provisions of NRS 590.485 and chapters 623 to 625A, inclusive, 628, 630 to 644A, inclusive, and sections 1.03 to 1.8, inclusive, of this act, 648, 654 and 656 of NRS.
(b) The Nevada System of Higher Education.
(c) The Public Employees Retirement System.
(d) The Housing Division of the Department of Business and Industry.
(e) The Colorado River Commission of Nevada.
4. The Director shall, on or before the first Monday in February of each odd-numbered year, submit a report on the status of internal accounting and administrative controls in agencies to the:
(a) Director of the Legislative Counsel Bureau for transmittal to the:
(1) Senate Standing Committee on Finance; and
(2) Assembly Standing Committee on Ways and Means;
(b) Governor; and
(c) Legislative Auditor.
5. The report submitted by the Director pursuant to subsection 4 must include, without limitation:
(a) The identification of each agency that has not complied with the requirements of subsections 1 and 2;
(b) The identification of each agency that does not have an effective method for reviewing its system of internal accounting and administrative control; and
(c) The identification of each agency that has weaknesses in its system of internal accounting and administrative control, and the extent and types of such weaknesses.
Sec. 79.8. NRS 353A.045 is hereby amended to read as follows:
353A.045 The Administrator shall:
1. Report to the Director.
2. Develop long-term and annual work plans to be based on the results of periodic documented risk assessments. The annual work plan must list the agencies to which the Division will provide training and assistance and be submitted to the Director for approval. Such agencies must not include:
(a) A board created by the provisions of NRS 590.485 and chapters 623 to 625A, inclusive, 628, 630 to 644A, inclusive, and sections 1.03 to 1.8, inclusive, of this act, 648, 654 and 656 of NRS.
(b) The Nevada System of Higher Education.
(c) The Public Employees Retirement System.
(d) The Housing Division of the Department of Business and Industry.
(e) The Colorado River Commission of Nevada.
3. Provide a copy of the approved annual work plan to the Legislative Auditor.
κ2023 Statutes of Nevada, Page 1702 (CHAPTER 251, AB 153)κ
4. In consultation with the Director, prepare a plan for auditing executive branch agencies for each fiscal year and present the plan to the Committee for its review and approval. Each plan for auditing must:
(a) State the agencies which will be audited, the proposed scope and assignment of those audits and the related resources which will be used for those audits; and
(b) Ensure that the internal accounting, administrative controls and financial management of each agency are reviewed periodically.
5. Perform the audits of the programs and activities of the agencies in accordance with the plan approved pursuant to subsection 5 of NRS 353A.038 and prepare audit reports of his or her findings.
6. Review each agency that is audited pursuant to subsection 5 and advise those agencies concerning internal accounting, administrative controls and financial management.
7. Submit to each agency that is audited pursuant to subsection 5 analyses, appraisals and recommendations concerning:
(a) The adequacy of the internal accounting and administrative controls of the agency; and
(b) The efficiency and effectiveness of the management of the agency.
8. Report any possible abuses, illegal actions, errors, omissions and conflicts of interest of which the Division becomes aware during the performance of an audit.
9. Adopt the standards of The Institute of Internal Auditors for conducting and reporting on internal audits.
10. Consult with the Legislative Auditor concerning the plan for auditing and the scope of audits to avoid duplication of effort and undue disruption of the functions of agencies that are audited pursuant to subsection 5.
Sec. 80. NRS 372.7285 is hereby amended to read as follows:
372.7285 1. In administering the provisions of NRS 372.325, the Department shall apply the exemption to the sale of a medical device to a governmental entity that is exempt pursuant to that section without regard to whether the person using the medical device or the governmental entity that purchased the device is deemed to be the holder of title to the device if:
(a) The medical device was ordered or prescribed by a provider of health care, within his or her scope of practice, for use by the person to whom it is provided;
(b) The medical device is covered by Medicaid or Medicare; and
(c) The purchase of the medical device is made pursuant to a contract between the governmental entity that purchases the medical device and the person who sells the medical device to the governmental entity.
2. As used in this section:
(a) Medicaid means the program established pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.
(b) Medicare means the program of health insurance for aged persons and persons with disabilities established pursuant to Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.
(c) Provider of health care means a physician or physician assistant licensed pursuant to chapter 630, 630A or 633 of NRS, perfusionist, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed audiologist, licensed speech-language pathologist, licensed hearing aid specialist, licensed marriage and family therapist, licensed clinical professional counselor, chiropractic physician, naprapath, licensed dietitian or doctor of Oriental medicine in any form.
κ2023 Statutes of Nevada, Page 1703 (CHAPTER 251, AB 153)κ
licensed audiologist, licensed speech-language pathologist, licensed hearing aid specialist, licensed marriage and family therapist, licensed clinical professional counselor, chiropractic physician, naprapath, licensed dietitian or doctor of Oriental medicine in any form.
Sec. 81. NRS 374.731 is hereby amended to read as follows:
374.731 1. In administering the provisions of NRS 374.330, the Department shall apply the exemption to the sale of a medical device to a governmental entity that is exempt pursuant to that section without regard to whether the person using the medical device or the governmental entity that purchased the device is deemed to be the holder of title to the device if:
(a) The medical device was ordered or prescribed by a provider of health care, within his or her scope of practice, for use by the person to whom it is provided;
(b) The medical device is covered by Medicaid or Medicare; and
(c) The purchase of the medical device is made pursuant to a contract between the governmental entity that purchases the medical device and the person who sells the medical device to the governmental entity.
2. As used in this section:
(a) Medicaid means the program established pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.
(b) Medicare means the program of health insurance for aged persons and persons with disabilities established pursuant to Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.
(c) Provider of health care means a physician or physician assistant licensed pursuant to chapter 630, 630A or 633 of NRS, perfusionist, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed audiologist, licensed speech-language pathologist, licensed hearing aid specialist, licensed marriage and family therapist, licensed clinical professional counselor, chiropractic physician, naprapath, licensed dietitian or doctor of Oriental medicine in any form.
Sec. 82. NRS 417.124 is hereby amended to read as follows:
417.124 Provider of health care means a physician, physician assistant, advanced practice registered nurse, osteopathic physician, naprapath, chiropractic physician, psychologist, marriage and family therapist, clinical professional counselor, clinical social worker, alcohol and drug abuse counselor, clinical alcohol and drug abuse counselor or problem gambling counselor.
Sec. 82.3. NRS 417.126 is hereby amended to read as follows:
417.126 1. The Director shall develop and post on an Internet website maintained by the Department a questionnaire to be given to veterans who contact the Department using information provided by providers of health care pursuant to NRS 630.2675, 632.2385, 633.472, 634.1305, 641.229, 641A.295, 641B.350 and 641C.600 [.] and section 1.54 of this act. The questionnaire must be designed to obtain information concerning:
(a) The veterans experience in the military, including, without limitation, the branch of the military in which the veteran served, the veterans job while in the military, any battle, conflict or war in which the veteran served and the locations where the veteran was stationed;
κ2023 Statutes of Nevada, Page 1704 (CHAPTER 251, AB 153)κ
(b) Any service-connected disabilities and diseases, including, without limitation, diseases presumed to be service-connected pursuant to 38 C.F.R. §§ 3.303 to 3.344, inclusive, from which the veteran may suffer; and
(c) Whether the veteran is enrolled with and receiving benefits from the United States Department of Veterans Affairs.
2. On or before January 31 of each year, the Director shall submit the information obtained pursuant to this section to the Division of Public and Behavioral Health of the Department of Health and Human Services.
Sec. 82.5. NRS 432B.220 is hereby amended to read as follows:
432B.220 1. Any person who is described in subsection 4 and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:
(a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; 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 child has been abused or neglected.
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 or neglect of the child involves an act or omission of:
(a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of the home for a portion of the day, the person shall make the report to a law enforcement agency.
(b) An agency which provides child welfare 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, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.
3. Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by a fetal alcohol spectrum disorder or prenatal substance use disorder or has withdrawal symptoms resulting from prenatal substance exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services. A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.
4. A report must be made pursuant to subsection 1 by the following persons:
(a) A person providing services licensed or certified in this State pursuant to, without limitation, chapter 450B, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B, 641C, 641D or 653 of NRS [.] , or sections 1.03 to 1.8, inclusive, of this act.
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(b) Any personnel of a medical facility licensed pursuant to chapter 449 of NRS who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of such a medical facility upon notification of suspected abuse or neglect of a child by a member of the staff of the medical facility.
(c) A coroner.
(d) A member of the clergy, practitioner of Christian Science or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession.
(e) A person employed by a public school or private school and any person who serves as a volunteer at such a school.
(f) Any person who maintains or is employed by a facility or establishment that provides care for children, childrens camp or other public or private facility, institution or agency furnishing care to a child.
(g) Any person licensed pursuant to chapter 424 of NRS to conduct a foster home.
(h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.
(i) Except as otherwise provided in NRS 432B.225, an attorney.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.
(k) Any person who is employed by or serves as a volunteer for a youth shelter. As used in this paragraph, youth shelter has the meaning ascribed to it in NRS 244.427.
(l) Any adult person who is employed by an entity that provides organized activities for children, including, without limitation, a person who is employed by a school district or public school.
(m) Any 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.
(n) A peer recovery support specialist, as defined in NRS 433.627, or peer recovery support specialist supervisor, as defined in NRS 433.629.
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 a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency which provides child welfare services or a law enforcement agency. If such a report is made to a law enforcement agency, the law enforcement agency shall notify an agency which provides child welfare services and the appropriate medical examiner or coroner of the report. If such a report is made to an agency which provides child welfare services, the agency which provides child welfare services shall notify the appropriate medical examiner or coroner of the report. The medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his or her written findings to the appropriate agency which provides child welfare services, the appropriate district attorney and a law enforcement agency. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.
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7. The agency, board, bureau, commission, department, division or political subdivision of the State responsible for the licensure, certification or endorsement of a person who is described in subsection 4 and who is required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State shall, at the time of initial licensure, certification or endorsement:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is licensed, certified or endorsed in this State.
8. The employer of a person who is described in subsection 4 and who is not required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State must, upon initial employment of the person:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is employed by the employer.
9. Before a person may serve as a volunteer at a public school or private school, the school must:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section and NRS 392.303;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section and NRS 392.303; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person serves as a volunteer at the school.
10. As used in this section:
(a) Private school has the meaning ascribed to it in NRS 394.103.
(b) Public school has the meaning ascribed to it in NRS 385.007.
Sec. 83. NRS 439A.0195 is hereby amended to read as follows:
439A.0195 Practitioner means a physician licensed under chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractic physician, naprapath, doctor of Oriental medicine in any form, medical laboratory director or technician, pharmacist or other person whose principal occupation is the provision of services for health.
Sec. 83.5. NRS 439B.225 is hereby amended to read as follows:
439B.225 1. As used in this section, licensing board means any division or board empowered to adopt standards for the issuance or renewal of licenses, permits or certificates of registration pursuant to NRS 435.3305 to 435.339, inclusive, chapter 449, 625A, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640D, 641, 641A, 641B, 641C, 641D, 652, 653 or 654 of NRS [.] or sections 1.03 to 1.8, inclusive, of this act.
κ2023 Statutes of Nevada, Page 1707 (CHAPTER 251, AB 153)κ
2. The Committee shall review each regulation that a licensing board proposes or adopts that relates to standards for the issuance or renewal of licenses, permits or certificates of registration issued to a person or facility regulated by the board, giving consideration to:
(a) Any oral or written comment made or submitted to it by members of the public or by persons or facilities affected by the regulation;
(b) The effect of the regulation on the cost of health care in this State;
(c) The effect of the regulation on the number of licensed, permitted or registered persons and facilities available to provide services in this State; and
(d) Any other related factor the Committee deems appropriate.
3. After reviewing a proposed regulation, the Committee shall notify the agency of the opinion of the Committee regarding the advisability of adopting or revising the proposed regulation.
4. The Committee shall recommend to the Legislature as a result of its review of regulations pursuant to this section any appropriate legislation.
Sec. 84. NRS 604C.300 is hereby amended to read as follows:
604C.300 1. A consumer litigation funding company shall not:
(a) Pay or offer to pay a commission, referral fee or other form of consideration to an attorney, law firm, medical provider, chiropractic physician , naprapath or physical therapist, or any employee of such a person, for referring a consumer to the company.
(b) Accept a commission, referral fee or other form of consideration from an attorney, law firm, medical provider, chiropractic physician , naprapath or physical therapist, or any employee of such a person.
(c) Intentionally advertise materially false or misleading information regarding the products or services of the consumer litigation funding company.
(d) Refer a consumer to engage a specific attorney, law firm, medical provider, chiropractic physician , naprapath or physical therapist, or any employee of such a person. A company may refer a consumer in search of legal representation to a lawyer referral service operated, sponsored or approved by the State Bar of Nevada or a local bar association.
(e) Except as otherwise provided in subsection 2, knowingly provide consumer litigation funding to a consumer who has previously assigned or sold a portion of the right of the consumer to proceeds from his or her legal claim to another company without first making payment to or purchasing the entire funded amount and charges of that company, unless a lesser amount is otherwise agreed to in writing by the consumer litigation funding companies.
(f) Receive any right to, or make, any decisions with respect to the conduct, settlement or resolution of the legal claim of a consumer.
(g) Knowingly pay or offer to pay for court costs, filing fees or attorneys fees during or after the resolution of the legal claim of a consumer using money from a consumer litigation funding transaction.
2. Two or more consumer litigation funding companies may agree to contemporaneously provide consumer litigation funding to a consumer if the consumer and the attorney of the consumer agree to the arrangement in writing.
3. An attorney or law firm retained by the consumer in connection with his or her legal claim shall not have a financial interest in the consumer litigation funding company offering consumer litigation funding to that consumer.
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4. An attorney who has referred the consumer to his or her retained attorney or law firm shall not have a financial interest in the consumer litigation funding company offering consumer litigation funding to that consumer.
5. A consumer litigation funding company shall not use any form of consumer litigation funding contract in this State unless the contract has been filed with the Commissioner in accordance with procedures for filing prescribed by the Commissioner.
Sec. 84.3. NRS 608.0116 is hereby amended to read as follows:
608.0116 Professional means pertaining to:
1. An employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623 to 645, inclusive, and sections 1.03 to 1.8, inclusive, of this act, 645G and 656A of NRS.
2. A creative professional as described in 29 C.F.R. § 541.302 who is not an employee of a contractor as that term is defined in NRS 624.020.
Sec. 84.6. NRS 679B.440 is hereby amended to read as follows:
679B.440 1. The Commissioner may require that reports submitted pursuant to NRS 679B.430 include, without limitation, information regarding:
(a) Liability insurance provided to:
(1) Governmental agencies and political subdivisions of this State, reported separately for:
(I) Cities and towns;
(II) School districts; and
(III) Other political subdivisions;
(2) Public officers;
(3) Establishments where alcoholic beverages are sold;
(4) Facilities for the care of children;
(5) Labor, fraternal or religious organizations; and
(6) Officers or directors of organizations formed pursuant to title 7 of NRS, reported separately for nonprofit entities and entities organized for profit;
(b) Liability insurance for:
(1) Defective products;
(2) Medical or dental malpractice of:
(I) A practitioner licensed pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639 or 640 of NRS or sections 1.03 to 1.8, inclusive, of this act, or who holds a license or limited license issued pursuant to chapter 653 of NRS;
(II) A hospital or other health care facility; or
(III) Any related corporate entity;
(3) Malpractice of attorneys;
(4) Malpractice of architects and engineers; and
(5) Errors and omissions by other professionally qualified persons;
(c) Vehicle insurance, reported separately for:
(1) Private vehicles;
(2) Commercial vehicles;
(3) Liability insurance; and
(4) Insurance for property damage; and
(d) Workers compensation insurance.
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2. The Commissioner may require that the report include, without limitation, information specifically pertaining to this State or to an insurer in its entirety, in the aggregate or by type of insurance, and for a previous or current year, regarding:
(a) Premiums directly written;
(b) Premiums directly earned;
(c) Number of policies issued;
(d) Net investment income, using appropriate estimates when necessary;
(e) Losses paid;
(f) Losses incurred;
(g) Loss reserves, including:
(1) Losses unpaid on reported claims; and
(2) Losses unpaid on incurred but not reported claims;
(h) Number of claims, including:
(1) Claims paid; and
(2) Claims that have arisen but are unpaid;
(i) Expenses for adjustment of losses, including allocated and unallocated losses;
(j) Net underwriting gain or loss;
(k) Net operation gain or loss, including net investment income; and
(l) Any other information requested by the Commissioner.
3. The Commissioner may also obtain, based upon an insurer in its entirety, information regarding:
(a) Recoverable federal income tax;
(b) Net unrealized capital gain or loss; and
(c) All other expenses not included in subsection 2.
Sec. 85. NRS 685B.120 is hereby amended to read as follows:
685B.120 1. Any person who provides coverage in this State for the cost of:
(a) Medical care;
(b) Surgery;
(c) Chiropractic;
(d) Physical therapy;
(e) Speech-language pathology;
(f) Audiology;
(g) Professional care of mental health;
(h) Dental care;
(i) Hospital care;
(j) Ophthalmic care; [or]
(k) Naprapathy; or
(l) Ambulance services,
Κ whether the coverage provides for direct payment, reimbursement or any other method of payment, is subject to regulation by the Division and to the provisions of this Code unless the person shows that while providing such coverage the person is subject to regulation by the Federal Government.
2. A nonprofit corporation that provides prepaid ambulance services is not subject to regulation by the Division or to the provisions of this Code if the corporation presents evidence satisfactory to the Commissioner that the corporation is subject to regulation by a political subdivision of this State pursuant to an exclusive franchise which limits the number of times any such prepaid services may be used to a defined number that are medically necessary.
κ2023 Statutes of Nevada, Page 1710 (CHAPTER 251, AB 153)κ
Sec. 86. NRS 686A.2825 is hereby amended to read as follows:
686A.2825 Practitioner means:
1. A physician, dentist, nurse, dispensing optician, optometrist, physical therapist, podiatric physician, psychologist, chiropractic physician, naprapath, doctor of Oriental medicine in any form, director or technician of a medical laboratory, pharmacist, person who holds a license to engage in radiation therapy and radiologic imaging or a limited license to engage in radiologic imaging pursuant to chapter 653 of NRS or other provider of health services who is authorized to engage in his or her occupation by the laws of this state or another state; and
2. An attorney admitted to practice law in this state or any other state.
Sec. 86.3. NRS 686B.030 is hereby amended to read as follows:
686B.030 1. Except as otherwise provided in subsection 2 and NRS 686B.125, the provisions of NRS 686B.010 to 686B.1799, inclusive, apply to all kinds and lines of direct insurance written on risks or operations in this State by any insurer authorized to do business in this State, except:
(a) Ocean marine insurance;
(b) Contracts issued by fraternal benefit societies;
(c) Life insurance and credit life insurance;
(d) Variable and fixed annuities;
(e) Credit accident and health insurance;
(f) Property insurance for business and commercial risks;
(g) Casualty insurance for business and commercial risks other than insurance covering the liability of a practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS and sections 1.03 to 1.8, inclusive, of this act, or who holds a license or limited license issued pursuant to chapter 653 of NRS;
(h) Surety insurance;
(i) Health insurance offered through a group health plan maintained by a large employer; and
(j) Credit involuntary unemployment insurance.
2. The exclusions set forth in paragraphs (f) and (g) of subsection 1 extend only to issues related to the determination or approval of premium rates.
Sec. 86.6. NRS 690B.250 is hereby amended to read as follows:
690B.250 Except as more is required in NRS 630.3067 and 633.526:
1. Each insurer which issues a policy of insurance covering the liability of a practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS and sections 1.03 to 1.8, inclusive, of this act, or who holds a license or limited license issued pursuant to chapter 653 of NRS for a breach of his or her professional duty toward a patient shall report to the board which licensed the practitioner within 45 days each settlement or award made or judgment rendered by reason of a claim, if the settlement, award or judgment is for more than $5,000, giving the name of the claimant and the practitioner and the circumstances of the case.
2. A practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS and sections 1.03 to 1.8, inclusive, of this act, or who holds a license or limited license issued pursuant to chapter 653 of NRS who does not have insurance covering liability for a breach of his or her professional duty toward a patient shall report to the board which issued the practitioners license within 45 days of each settlement or award made or judgment rendered by reason of a claim, if the settlement, award or judgment is for more than $5,000, giving the practitioners name, the name of the claimant and the circumstances of the case.
κ2023 Statutes of Nevada, Page 1711 (CHAPTER 251, AB 153)κ
is for more than $5,000, giving the practitioners name, the name of the claimant and the circumstances of the case.
3. These reports are public records and must be made available for public inspection within a reasonable time after they are received by the licensing board.
Sec. 86.9. NRS 690B.320 is hereby amended to read as follows:
690B.320 1. If an insurer offers to issue a claims-made policy to a practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS and sections 1.03 to 1.8, inclusive, of this act, or who holds a license or limited license issued pursuant to chapter 653 of NRS, the insurer shall:
(a) Offer to issue to the practitioner an extended reporting endorsement without a time limitation for reporting a claim.
(b) Disclose to the practitioner the premium for the extended reporting endorsement and the cost formula that the insurer uses to determine the premium for the extended reporting endorsement.
(c) Disclose to the practitioner the portion of the premium attributable to funding the extended reporting endorsement offered at no additional cost to the practitioner in the event of the practitioners death, disability or retirement, if such a benefit is offered.
(d) Disclose to the practitioner the vesting requirements for the extended reporting endorsement offered at no additional cost to the practitioner in the event of the practitioners death or retirement, if such a benefit is offered. If such a benefit is not offered, the absence of such a benefit must be disclosed.
(e) Include, as part of the insurance contract, language which must be approved by the Commissioner and which must be substantially similar to the following:
If we adopt any revision that would broaden the coverage under this policy without any additional premium either within the policy period or within 60 days before the policy period, the broadened coverage will immediately apply to this policy.
2. The disclosures required by subsection 1 must be made as part of the offer and acceptance at the inception of the policy and again at each renewal in the form of an endorsement attached to the insurance contract and approved by the Commissioner.
3. The requirements set forth in this section are in addition to the requirements set forth in NRS 690B.290.
Sec. 87. NRS 695F.040 is hereby amended to read as follows:
695F.040 Limited health service means:
1. Chiropractic, naprapathic, dental, hospital, medical, optometric, pharmaceutical, podiatric or surgical care;
2. Treatment relating to mental health or an alcohol or substance use disorder; or
3. Such other care or treatment as may be determined by the Commissioner to be a limited health service.
Sec. 87.5. Section 1.43 of this act is hereby amended to read as follows:
Sec. 1.43. 1. In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license as a naprapath shall [:
κ2023 Statutes of Nevada, Page 1712 (CHAPTER 251, AB 153)κ
(a) Include the social security number of the applicant in the application submitted to the Division.
(b) Submit] submit to the Division 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.
2. The Division 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 Division.
3. A license may not be issued or renewed by the Division 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 Division 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. 88. As soon as practicable on or after July 1, 2023, the Governor shall appoint to the Naprapathic Practice Advisory Board created by section 1.2 of this act:
1. One member described in paragraph (a) of subsection 2 of section 1.2 of this act and one member described in paragraph (b) of that subsection to initial terms that expire on July 1, 2025; and
2. Two members described in paragraph (a) of subsection 2 of section 1.2 of this act and one member described in paragraph (b) of that subsection to initial terms that expire on July 1, 2027.
Sec. 89. 1. Notwithstanding the amendatory provisions of this act, any person who is engaged in the practice of naprapathy on or before January 1, 2024, may continue to engage in the practice of naprapathy without obtaining a license pursuant to section 1.32, 1.35 or 1.38 of this act, as applicable, until July 1, 2024.
2. As used in this section, naprapathy has the meaning ascribed to it in section 1.18 of this act.
Sec. 90. 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 1713 (CHAPTER 251, AB 153)κ
Sec. 91. 1. This section becomes effective upon passage and approval.
2. Sections 1.2, 1.23 and 88 of this act become effective on July 1, 2023.
3. Sections 1 to 1.19, inclusive, 1.26 to 87, inclusive, 89 and 90 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.
4. Section 87.5 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
Κ are repealed by the Congress of the United States.
5. Section 1.85 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
Κ are repealed by the Congress of the United States.
6. Sections 1.43, 1.6 and 87.5 of this act expire by limitation on the date 2 years after the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
Κ are repealed by the Congress of the United States.
________
κ2023 Statutes of Nevada, Page 1714κ
Assembly Bill No. 161Assemblymen C.H. Miller and Bilbray-Axelrod
CHAPTER 252
[Approved: June 9, 2023]
AN ACT relating to governmental administration; requiring, under certain circumstances, that the Department of Motor Vehicles place a designation on a vehicle registration, drivers license or identification card for a person with a communication need; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Department of Motor Vehicles to adopt regulations establishing a program for the imprinting of a symbol or other indicator of a medical condition on a drivers license or identification card. (NRS 483.3485, 483.863) Existing law further requires, upon the application of a person with a disability which limits or impairs the ability to walk, that the Department place a designation on any drivers license or identification card issued to the person indicating that the person is a person with such disability. (NRS 483.349, 483.865) Existing law: (1) authorizes the Director of the Department to adopt and enforce certain regulations relating to the registration of motor vehicles; and (2) requires, with certain exceptions, every owner of a motor vehicle, trailer or semitrailer to apply to the Department or a registered dealer for registration thereof. (NRS 482.160, 482.205) Effective January 1, 2024, sections 1.5 and 1.7 of this bill require, upon the application of a person with a communication need, that the Department place on any drivers license or identification card issued to the person a designation indicating that the person is a person with a communication need. Effective January 1, 2026, section 3.5 of this bill requires, upon the application of a person with a communication need, that the Department place on any vehicle registration issued to the person a designation indicating that the person is a person with a communication need.
Sections 1, 1.5 and 1.7 prohibit the Department from requiring any person to disclose that the person is a person with a communication need. For the purposes of sections 1, 1.5 and 1.7, the term a person with a communication need means a person who: (1) is deaf; (2) has a speech disorder; (3) has a language disorder; (4) has an auditory processing disorder; (5) is neurodivergent; or (6) has any other condition that impairs the ability of the person to comprehend language.
Sections 2 and 3 of this bill make conforming changes to indicate the proper placement of section 1.5 in the Nevada Revised Statutes.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department shall not require any person to disclose that the person is a person with a communication need.
2. As used in this section, a person with a communication need means a person who:
(a) Is deaf, as defined in NRS 426.084;
(b) Has a speech disorder that impairs the ability of the person to articulate speech sounds, speak fluently or use the persons voice;
κ2023 Statutes of Nevada, Page 1715 (CHAPTER 252, AB 161)κ
(c) Has a language disorder that impairs the ability of the person to comprehend language;
(d) Has an auditory processing disorder that impairs the ability of the person to comprehend language;
(e) Is neurodivergent; or
(f) Has any other condition that impairs the ability of the person to comprehend language.
Sec. 1.3. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 and 1.7 of this act.
Sec. 1.5. 1. Upon the application of a person with a communication need, the Department shall place on any drivers license issued to the person pursuant to the provisions of this chapter a designation that the person is a person with a communication need.
2. The Department shall not require any person to disclose that the person is a person with a communication need.
3. As used in this section, a person with a communication need has the meaning ascribed to it in section 1 of this act.
Sec. 1.7. 1. Upon the application of a person with a communication need, the Department shall place on any identification card issued to the person pursuant to the provisions of NRS 483.810 to 483.890, inclusive, a designation that the person is a person with a communication need.
2. The Department shall not require any person to disclose that the person is a person with a communication need.
3. As used in this section, a person with a communication need has the meaning ascribed to it in section 1 of this act.
Sec. 2. NRS 483.015 is hereby amended to read as follows:
483.015 Except as otherwise provided in NRS 483.330, the provisions of NRS 483.010 to 483.630, inclusive, and section 1.5 of this act apply only with respect to noncommercial drivers licenses.
Sec. 3. NRS 483.020 is hereby amended to read as follows:
483.020 As used in NRS 483.010 to 483.630, inclusive, and section 1.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 483.030 to 483.190, inclusive, have the meanings ascribed to them in those sections.
Sec. 3.5. Section 1 of this act is hereby amended to read as follows:
Section 1. 1. Upon the application of a person with a communication need, the Department shall place on any vehicle registration issued to the person pursuant to the provisions of this chapter a designation that the person is a person with a communication need.
2. The Department shall not require any person to disclose that the person is a person with a communication need.
[2.] 3. As used in this section, a person with a communication need means a person who:
(a) Is deaf, as defined in NRS 426.084;
(b) Has a speech disorder that impairs the ability of the person to articulate speech sounds, speak fluently or use the persons voice;
(c) Has a language disorder that impairs the ability of the person to comprehend language;
κ2023 Statutes of Nevada, Page 1716 (CHAPTER 252, AB 161)κ
(d) Has an auditory processing disorder that impairs the ability of the person to comprehend language;
(e) Is neurodivergent; or
(f) Has any other condition that impairs the ability of the person to comprehend language.
Sec. 4. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 3, 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.
3. Section 3.5 of this act becomes effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2026, for all other purposes.
________
Assembly Bill No. 130Assemblywomen Bilbray-Axelrod; and Considine
CHAPTER 253
[Approved: June 9, 2023]
AN ACT relating to assisted living; revising provisions governing the program to award competitive grants from the Fund for a Healthy Nevada to certain assisted living facilities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Fund for a Healthy Nevada in the State Treasury and requires the State Treasurer to deposit in the Fund a portion of all money received by this State resulting from any settlement or judgment in a civil action against a manufacturer of tobacco products. (NRS 439.620) Existing law requires the Department of Health and Human Services to allocate $200,000 of all revenues deposited in the Fund each year for direct expenditure by the Director of the Department to award competitive grants to finance the establishment or expansion of assisted living facilities that provide certain services pursuant to a program established under Medicaid. (NRS 439.630) In order to provide such services, existing law requires an assisted living facility to be certified as meeting certain criteria relating to affordability, the provision of case management services and financing. (NRS 319.147, 422.3962) This bill authorizes the use of such grants to fund the operation of such assisted living facilities. This bill also requires the Director, when awarding such grants, to prioritize assisted living facilities that meet certain criteria relating to affordability, the provision of case management services and financing.
κ2023 Statutes of Nevada, Page 1717 (CHAPTER 253, AB 130)κ
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 439.630 is hereby amended to read as follows:
439.630 1. The Department shall:
(a) Conduct, or require the Grants Management Advisory Committee created by NRS 232.383 to conduct, public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:
(1) Promote public health;
(2) Improve health services for children, senior citizens and persons with disabilities;
(3) Reduce or prevent alcohol and other substance use disorders; and
(4) Offer other general or specific information on health care in this State.
(b) Establish a process to evaluate the health and health needs of the residents of this State and a system to rank the health problems of the residents of this State, including, without limitation, the specific health problems that are endemic to urban and rural communities, and report the results of the evaluation to the Joint Interim Standing Committee on Health and Human Services on an annual basis.
(c) Subject to legislative authorization, allocate money for direct expenditure by the Department to pay for prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens and persons with disabilities pursuant to NRS 439.635 to 439.690, inclusive. From the money allocated pursuant to this paragraph, the Department may subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to senior citizens and persons with disabilities pursuant to NRS 439.635 to 439.690, inclusive. The Department shall consider recommendations from the Grants Management Advisory Committee in carrying out the provisions of NRS 439.635 to 439.690, inclusive. The Department shall submit a quarterly report to the Governor, the Interim Finance Committee, the Joint Interim Standing Committee on Health and Human Services and any other committees or commissions the Director deems appropriate regarding the general manner in which expenditures have been made pursuant to this paragraph.
(d) Subject to legislative authorization, allocate, by contract or grant, money for expenditure by the Aging and Disability Services Division of the Department in the form of grants for existing or new programs that assist senior citizens and other specified persons with independent living, including, without limitation, programs that provide:
(1) Respite care or relief of informal caretakers, including, without limitation, informal caretakers of any person with Alzheimers disease or other related dementia regardless of the age of the person;
κ2023 Statutes of Nevada, Page 1718 (CHAPTER 253, AB 130)κ
(2) Transportation to new or existing services to assist senior citizens in living independently; and
(3) Care in the home which allows senior citizens to remain at home instead of in institutional care.
Κ The Aging and Disability Services Division of the Department shall consider recommendations from the Grants Management Advisory Committee concerning the independent living needs of senior citizens.
(e) Allocate $200,000 of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Director to award competitive grants to finance the establishment , [or] expansion and operation of assisted living facilities that provide services pursuant to the provisions of the home and community-based services waiver which are amended pursuant to NRS 422.3962. The Director shall develop policies and procedures for awarding grants pursuant to this paragraph [.] that prioritize assisted living facilities that demonstrate the ability to meet the criteria for certification pursuant to NRS 319.147. If any money allocated pursuant to this paragraph remains after awarding grants to all eligible applicants, the Director must reallocate such money to the Aging and Disability Services Division of the Department to be used for the purposes described in paragraph (d).
(f) Subject to legislative authorization, allocate to the Division money for programs that are consistent with the guidelines established by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services relating to evidence-based best practices to prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco. In making allocations pursuant to this paragraph, the Division shall allocate the money, by contract or grant:
(1) To the district board of health in each county whose population is 100,000 or more for expenditure for such programs in the respective county;
(2) For such programs in counties whose population is less than 100,000; and
(3) For statewide programs for tobacco cessation and other statewide services for tobacco cessation and for statewide evaluations of programs which receive an allocation of money pursuant to this paragraph, as determined necessary by the Division and the district boards of health.
(g) Subject to legislative authorization, allocate, by contract or grant, money for expenditure for programs that improve the health and well-being of residents of this State, including, without limitation, programs that improve health services for children.
(h) Subject to legislative authorization, allocate, by contract or grant, money for expenditure for programs that improve the health and well-being of persons with disabilities. In making allocations pursuant to this paragraph, the Department shall, to the extent practicable, allocate the money evenly among the following three types of programs:
(1) Programs that provide respite care or relief of informal caretakers for persons with disabilities;
(2) Programs that provide positive behavioral supports to persons with disabilities; and
(3) Programs that assist persons with disabilities to live safely and independently in their communities outside of an institutional setting.
κ2023 Statutes of Nevada, Page 1719 (CHAPTER 253, AB 130)κ
(i) Maximize expenditures through local, federal and private matching contributions.
(j) Ensure that any money expended from the Fund will not be used to supplant existing methods of funding that are available to public agencies.
(k) Develop policies and procedures for the administration and distribution of contracts, grants and other expenditures to state agencies, political subdivisions of this State, nonprofit organizations, universities, state colleges and community colleges. A condition of any such contract or grant must be that not more than 8 percent of the contract or grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per biennium.
(l) To make the allocations required by paragraphs (f), (g) and (h):
(1) Prioritize and quantify the needs for these programs;
(2) Develop, solicit and accept applications for allocations;
(3) Review and consider the recommendations of the Grants Management Advisory Committee submitted pursuant to NRS 232.385;
(4) Conduct annual evaluations of programs to which allocations have been awarded; and
(5) Submit annual reports concerning the programs to the Governor, the Interim Finance Committee, the Joint Interim Standing Committee on Health and Human Services and any other committees or commissions the Director deems appropriate.
(m) Transmit a report of all findings, recommendations and expenditures to the Governor, each regular session of the Legislature, the Joint Interim Standing Committee on Health and Human Services and any other committees or commissions the Director deems appropriate.
(n) After considering the recommendations submitted to the Director pursuant to subsection 6, develop a plan each biennium to determine the percentage of available money in the Fund for a Healthy Nevada to be allocated from the Fund for the purposes described in paragraphs (c), (d), (f), (g) and (h). The plan must be submitted as part of the proposed budget submitted to the Chief of the Budget Division of the Office of Finance pursuant to NRS 353.210.
(o) On or before September 30 of each even-numbered year, submit to the Grants Management Advisory Committee, the Nevada Commission on Aging created by NRS 427A.032 and the Nevada Commission on Services for Persons with Disabilities created by NRS 427A.1211 a report on the funding plan submitted to the Chief of the Budget Division of the Office of Finance pursuant to paragraph (n).
2. The Department may take such other actions as are necessary to carry out its duties.
3. To make the allocations required by paragraph (d) of subsection 1, the Aging and Disability Services Division of the Department shall:
(a) Prioritize and quantify the needs of senior citizens and other specified persons for these programs;
(b) Develop, solicit and accept grant applications for allocations;
(c) As appropriate, expand or augment existing state programs for senior citizens and other specified persons upon approval of the Interim Finance Committee;
(d) Award grants, contracts or other allocations;
κ2023 Statutes of Nevada, Page 1720 (CHAPTER 253, AB 130)κ
(e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and
(f) Submit annual reports concerning the allocations made by the Aging and Disability Services Division pursuant to paragraph (d) of subsection 1 to the Governor, the Interim Finance Committee, the Joint Interim Standing Committee on Health and Human Services and any other committees or commissions the Director deems appropriate.
4. The Aging and Disability Services Division of the Department shall submit each proposed grant or contract which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant or contract is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The Aging and Disability Services Division of the Department shall not expend or transfer any money allocated to the Aging and Disability Services Division pursuant to this section to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to senior citizens or persons with disabilities pursuant to NRS 439.635 to 439.690, inclusive.
5. A veteran may receive benefits or other services which are available from the money allocated pursuant to this section for senior citizens or persons with disabilities to the extent that the veteran does not receive other benefits or services provided to veterans for the same purpose if the veteran qualifies for the benefits or services as a senior citizen or a person with a disability, or both.
6. On or before June 30 of each even-numbered year, the Grants Management Advisory Committee, the Nevada Commission on Aging and the Nevada Commission on Services for Persons with Disabilities each shall submit to the Director a report that includes, without limitation, recommendations regarding community needs and priorities that are determined by each such entity after any public hearings held by the entity.
Sec. 2. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1721κ
Assembly Bill No. 463Committee on Ways and Means
CHAPTER 254
[Approved: June 9, 2023]
AN ACT relating to children; transferring certain duties and authority related to the licensing and regulation of certain child care facilities from the Division of Public and Behavioral Health of the Department of Health and Human Services to the Division of Welfare and Supportive Services of the Department; revising the membership of the Nevada Early Childhood Advisory Council; revising provisions governing the inspection and review of child care facilities; revising provisions governing the inspection and approval of certain fire facilities by certain protection officials and agencies; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a child care facility to obtain a license from the Division of Public and Behavioral Health of the Department of Health and Human Services if: (1) the city or county in which the child care facility is located has not provided for the licensure of child care facilities by an agency of the city or county, as applicable; or (2) the child care facility is a child care institution. (NRS 432A.131) Existing law defines child care institution for that purpose to mean a facility that provides care and shelter during the day and night and provides developmental guidance to 16 or more children who do not routinely return to the homes of their parents or guardians. (NRS 432A.0245) Section 4 of this bill transfers the authority to license and regulate such child care facilities from the Division of Public and Behavioral Health to the Division of Welfare and Supportive Services of the Department. Section 1 of this bill authorizes an employee of the Division of Welfare and Supportive Services to access the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child when investigating the background of certain persons associated with a child care facility, small child care establishment or outdoor youth program. Section 2 of this bill defines Administrator to refer to the Administrator of the Division of Welfare and Supportive Services, and section 3 of this bill makes a conforming change to indicate the proper placement of section 2 in the Nevada Revised Statutes. Sections 6-8 of this bill transfer to the Administrator: (1) the duties to establish a policy for the coordination of entities with an interest in child care and to inspect child care facilities; and (2) the authority to waive certain education requirements for a person who is responsible for the operation of a child care facility. Sections 9 and 10 of this bill make revisions so that certain reports relating to the immunization of children who have been admitted to child care facilities continue to be submitted to the Division of Public and Behavioral Health. Section 11 of this bill transfers to the Division of Welfare and Supportive Services the duty to conduct a review of a child care facility that has been found by a legislative audit to have certain deficiencies.
Existing law establishes the Nevada Early Childhood Advisory Council and requires the Council to include certain members appointed by the Governor. (NRS 432A.076) Section 5 of this bill eliminates the requirement that the Council include one member who is a representative of the Division of Public and Behavioral Health. Section 5 adds to the membership of the Council: (1) one member who is a representative of the Division of Welfare and Supportive Services whose duties include responsibility for child care; (2) one member who is a representative of that Division whose duties include implementing regulations governing the licensure of child care facilities; and (3) one member who is a representative of a tribal organization, with consideration given to an enrolled member of a Nevada Indian tribe.
κ2023 Statutes of Nevada, Page 1722 (CHAPTER 254, AB 463)κ
Existing law: (1) requires the State Fire Marshal or a designee thereof to enter and inspect every building or premises of a child care facility and supervise fire drills at such a facility; and (2) provides that certain health care facilities are subject to inspection and approval by the State Fire Marshal. (NRS 432A.180, 449.0307) Section 8 provides that the State Fire Marshal or a designee is authorized, rather than required, to inspect child care facilities and supervise fire drills at such facilities. Section 8 also authorizes the State Fire Marshal to designate a local fire agency that meets an industry standard accepted by the State Fire Marshal to perform those duties. Finally, section 8 requires the State Board of Health to adopt regulations governing such inspections. Section 11.5 of this bill authorizes a designee of the State Fire Marshal, which may include a local fire agency that meets an industry standard accepted by the State Fire Marshal, to inspect and approve certain health care facilities. Section 11.8 of this bill makes a conforming change to clarify that the State Fire Marshal is authorized to designate such a local fire agency to conduct certain inspections of a residential facility for groups or a building operated by a provider of community-based living arrangement services.
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 432.100 is hereby amended to read as follows:
432.100 1. There is hereby established a Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child. This Central Registry must be maintained by the Division.
2. The Central Registry must contain:
(a) The information in any substantiated report of child abuse or neglect made pursuant to NRS 392.303 or 432B.220;
(b) The information in any substantiated report of a violation of NRS 201.540, 201.560, 392.4633 or 394.366 made pursuant to NRS 392.303;
(c) Statistical information on the protective services provided in this State; and
(d) Any other information which the Division determines to be in furtherance of NRS 392.275 to 392.365, inclusive, 432.097 to 432.130, inclusive, and 432B.010 to 432B.400, inclusive.
3. The Division may release information contained in the Central Registry to an employer if:
(a) The person who is the subject of a background investigation by the employer provides written authorization for the release of the information; and
(b) Either:
(1) The employer is required by law to conduct the background investigation of the person for employment purposes; or
(2) The person who is the subject of the background investigation could, in the course of his or her employment, have regular and substantial contact with children or regular and substantial contact with elderly persons who require assistance or care from other persons,
Κ but only to the extent necessary to inform the employer whether the person who is the subject of the background investigation has been found to have abused or neglected a child.
κ2023 Statutes of Nevada, Page 1723 (CHAPTER 254, AB 463)κ
4. Except as otherwise provided in this section or by specific statute, information in the Central Registry may be accessed only by:
(a) An employee of the Division;
(b) An agency which provides child welfare services;
(c) An employee of the Division of [Public and Behavioral Health] Welfare and Supportive Services of the Department who is obtaining information in accordance with NRS 432A.170; and
(d) With the approval of the Administrator, an employee or contractor of any other state or local governmental agency responsible for the welfare of children who requests access to the information and who demonstrates to the satisfaction of the Administrator a bona fide need to access the information. Any approval or denial of a request submitted in accordance with this paragraph is at the sole discretion of the Administrator.
Sec. 2. Chapter 432A of NRS is hereby amended by adding thereto a new section to read as follows:
Administrator means the Administrator of the Division.
Sec. 3. NRS 432A.020 is hereby amended to read as follows:
432A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432A.0205 to 432A.0295, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 4. NRS 432A.0273 is hereby amended to read as follows:
432A.0273 Division means the Division of [Public and Behavioral Health] Welfare and Supportive Services of the Department.
Sec. 5. NRS 432A.076 is hereby amended to read as follows:
432A.076 1. The Nevada Early Childhood Advisory Council is hereby established as the state advisory council on early childhood education and care required to be established pursuant to 42 U.S.C. § 9837b(b)(1)(A)(i). The membership of the Council must be appointed by the Governor and include, without limitation:
(a) One member who is a representative of the Division [of Public and Behavioral Health of the Department] whose duties include responsibility for child care;
(b) One member who is a representative of the Division whose duties include implementing regulations governing the licensure of child care facilities;
(c) One member who is a representative of the Department of Education;
[(c)] (d) One member who is a representative of the Department of Education whose duties include responsibilities for programs under section 619 or part C of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.;
[(d)] (e) One member who is a representative of the boards of trustees of the school districts in this State;
[(e)] (f) One member who is a representative of the Nevada System of Higher Education;
[(f)] (g) One member who is a representative of local providers of early childhood education and developmental services;
[(g)] (h) One member who is a representative of Head Start agencies in this State, including, without limitation, migrant and seasonal Head Start programs and Indian Head Start programs;
κ2023 Statutes of Nevada, Page 1724 (CHAPTER 254, AB 463)κ
[(h)] (i) One member who is appointed or designated pursuant to 42 U.S.C. § 9837b(a)(3)(A);
[(i)] (j) One member who is a representative of the Aging and Disability Services Division of the Department;
[(j)] (k) One member who is a representative of a nonprofit organization located in southern Nevada that provides early childhood education programs;
[(k)] (l) One member who is a representative of a nonprofit organization located in northern Nevada that provides early childhood education programs;
[(l)] (m) One member who is a representative of the pediatric mental, physical or behavioral health care industry; [and
(m)] (n) One member who is a representative of a tribal organization, with consideration given to an enrolled member of a Nevada Indian tribe; and
(o) Such other members as the Governor determines are appropriate.
2. The Council shall:
(a) Work to strengthen state-level coordination and collaboration among the various sectors and settings of early childhood education programs.
(b) Conduct periodic statewide assessments of needs relating to the quality and availability of programs and services for children who are in early childhood education programs.
(c) Identify opportunities for and barriers to coordination and collaboration among early childhood education programs funded in whole or in part by the Federal Government, the State or a local government.
(d) Develop recommendations for:
(1) Increasing the participation of children in early childhood education programs funded in whole or in part by the Federal Government, the State or a local government, including, without limitation, providing information on such programs to underrepresented and special populations;
(2) The establishment or improvement of core elements of the early childhood system in this State, including, without limitation, a statewide unified system for collecting data relating to early childhood education programs;
(3) A statewide professional development system for teachers engaged in early childhood education; and
(4) The establishment of statewide standards for early childhood education programs in this State.
(e) Assess the capacity and effectiveness of institutions of higher education in this State in developing teachers in the field of early childhood education.
(f) Establish, in cooperation with the State Board of Education, guidelines for evaluating the school readiness of children. The guidelines must:
(1) Be based on national school readiness indicators;
(2) Address the following components of school readiness:
(I) Physical and developmental health;
(II) Social and emotional development;
(III) Approaches to learning;
(IV) Language and early literacy development; and
(V) Cognition and general knowledge.
κ2023 Statutes of Nevada, Page 1725 (CHAPTER 254, AB 463)κ
(g) Develop recommendations for increasing parental involvement and family engagement in early childhood education programs.
(h) Perform such other duties relating to early childhood education programs as designated by the Governor.
3. On or before December 1 of each year, the Council shall submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Health and Human Services and the Joint Interim Standing Committee on Education, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year. The report must include, without limitation, a summary of the activities of the Council and any recommendations for improvements to the early childhood system in this State.
4. The Council may accept gifts, grants and donations from any source for the support of the Council in carrying out the provisions of this section.
Sec. 6. NRS 432A.079 is hereby amended to read as follows:
432A.079 1. The [Board] Administrator shall establish a policy providing for coordination among all interested public, private and commercial agencies or entities to foster their cooperation in the interests of:
(a) Improving the quality of child care services offered by each participating agency and entity.
(b) Ensuring continuity in the program of community child care for each family.
(c) Reaching the maximum number of families possible within available resources, with top priority given to low-income families.
(d) Increasing opportunities for developing staff competence and career development within and between cooperating agencies and entities.
(e) Developing the most efficient, effective and economical methods for providing services to children and families.
(f) Ensuring an effective voice by parents of children receiving child care in the policy for and direction of programs.
(g) Mobilizing the resources of the community in such a manner as to ensure maximum public, private and individual commitment to provide expanded child care.
2. Such a policy must be primarily concerned with the coordination of day care and preschool programs, and also be concerned with:
(a) Availability of other needed services for children in preschool or day care programs;
(b) Availability of needed services for children of school age; and
(c) Coordination of community services with preschool or day care programs.
Sec. 7. NRS 432A.1773 is hereby amended to read as follows:
432A.1773 1. A licensee of a child care facility, or a person appointed by the licensee, who is responsible for the daily operation, administration or management of a child care facility must:
(a) Be at least 21 years of age and:
(1) Hold an associates degree or a higher degree in early childhood education and have at least 1,000 hours of verifiable experience in a child care facility;
κ2023 Statutes of Nevada, Page 1726 (CHAPTER 254, AB 463)κ
(2) Hold an associates degree or a higher degree in any field other than early childhood education, have completed at least 15 semester hours in early childhood education or related courses and have at least 2,000 hours of verifiable experience in a child care facility;
(3) Hold a high school diploma or, if approved by the Administrator , [of the Division of Public and Behavioral Health,] a general educational development certificate, have completed at least 15 semester hours in early childhood education or related courses and have at least 3,000 hours of experience in a child care facility;
(4) Hold a current credential as a Child Development Associate with an endorsement for preschool age children or infants or toddlers, as appropriate, which has been issued by the Council for Professional Recognition, or its successor organization, and have at least 2,000 hours of verifiable experience in a child care facility; or
(5) Have a combination of education and experience which, in the judgment of the Administrator , [of the Division of Public and Behavioral Health,] is equivalent to that required by subparagraph (1), (2), (3) or (4);
(b) Have at least 1,000 verifiable hours in an administrative position or have completed a course or other training in business administration; and
(c) Within 90 days after the licensee or person appointed by the licensee commences service as the director of a child care facility, apply to the Nevada Registry or its successor organization, and annually renew his or her registration before the date on which it expires.
2. As used in this section, Nevada Registry means the organization that operates the statewide system of career development and recognition created to:
(a) Acknowledge and encourage professional achievement in the early childhood care and education workforce in this State;
(b) Establish a professional development system in this State for the field of early childhood care and education;
(c) Approve and track all informal training in the field of early childhood care and education in this State; and
(d) Act as a statewide clearinghouse of information concerning the field of early childhood care and education.
Sec. 8. NRS 432A.180 is hereby amended to read as follows:
432A.180 1. Any authorized member or employee of the Division may enter and inspect any building or premises of a child care facility or small child care establishment, whether registered or not, or the area of operation of an outdoor youth program at any time to secure compliance with or prevent a violation of any provision of this chapter.
2. The State Fire Marshal or a designee of the State Fire Marshal [shall, at least annually:] , which may include a local fire agency that meets an industry standard accepted by the State Fire Marshal, may, in accordance with regulations adopted by the Board:
(a) Enter and inspect every building or premises of a child care facility, on behalf of the Division; and
(b) Observe and make recommendations regarding the drills conducted pursuant to NRS 432A.077,
Κ to secure compliance with standards for safety from fire and other emergencies.
κ2023 Statutes of Nevada, Page 1727 (CHAPTER 254, AB 463)κ
3. The [Chief Medical Officer] Administrator or a designee of the [Chief Medical Officer] Administrator shall enter and inspect at least annually, every building or premises of a child care facility and area of operation of an outdoor youth program [, on behalf of the Division,] to secure compliance with laws and regulations concerning the health, safety and welfare of children in the care of the facility or program.
4. The annual inspection of any child care facility which occasionally or regularly has physical custody of children pursuant to the order of a court must include, without limitation, an inspection of all areas where food is prepared and served, bathrooms, areas used for sleeping, common areas and areas located outdoors that are used by children at the child care facility. The [Chief Medical Officer] Administrator shall publish reports of the inspections and make them available for public inspection upon request.
Sec. 9. NRS 432A.230 is hereby amended to read as follows:
432A.230 Except as otherwise provided in NRS 432A.235 for accommodation facilities:
1. Except as otherwise provided in subsection 3 and unless excused because of religious belief or medical condition, a child may not be admitted to any child care facility within this State, including a facility licensed by a county or city, unless the parents or guardian of the child submit to the operator of the facility a certificate stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella;
(f) Rubeola; and
(g) Such other diseases as the local board of health or the State Board of Health may determine.
2. The certificate must show that the required vaccines and boosters were given and must bear the signature of a licensed physician or his or her designee or a registered nurse or his or her designee, attesting that the certificate accurately reflects the childs record of immunization.
3. A child whose parent or guardian has not established a permanent residence in the county in which a child care facility is located and whose history of immunization cannot be immediately confirmed by a physician in this State or a local health officer, may enter the child care facility conditionally if the parent or guardian:
(a) Agrees to submit within 15 days a certificate from a physician or local health officer that the child has received or is receiving the required immunizations; and
(b) Submits proof that the parent or guardian has not established a permanent residence in the county in which the facility is located.
4. If a certificate from the physician or local health officer showing that the child has received or is receiving the required immunizations is not submitted to the operator of the child care facility within 15 days after the child was conditionally admitted, the child must be excluded from the facility.
κ2023 Statutes of Nevada, Page 1728 (CHAPTER 254, AB 463)κ
5. Before December 31 of each year, each child care facility shall report to the Division of Public and Behavioral Health of the Department, on a form furnished by [the] that Division, the exact number of children who have:
(a) Been admitted conditionally to the child care facility; and
(b) Completed the immunizations required by this section.
Sec. 10. NRS 432A.235 is hereby amended to read as follows:
432A.235 1. Except as otherwise provided in subsection 2 and unless excused because of religious belief or medical condition, a child may not be admitted to any accommodation facility within this State, including an accommodation facility licensed by a county or city, unless the parents or guardian of the child submit to the operator of the accommodation facility written documentation stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the diseases set forth in subsection 1 of NRS 432A.230. The written documentation required pursuant to this subsection must be:
(a) A letter signed by a licensed physician stating that the child has been immunized and received boosters or is complying with the schedules;
(b) A record from a public school or private school which establishes that a child is enrolled in the school and has satisfied the requirements for immunization for enrollment in the school pursuant to NRS 392.435 or 394.192; or
(c) Any other documentation from a local health officer which proves that the child has been immunized and received boosters or is complying with the schedules.
2. A child whose parent or guardian has not established a permanent residence in the county in which an accommodation facility is located and whose history of immunization cannot be immediately confirmed by the written documentation required pursuant to subsection 1 may enter the accommodation facility conditionally if the parent or guardian:
(a) Agrees to submit within 15 days the documentation required pursuant to subsection 1; and
(b) Submits proof that the parent or guardian has not established a permanent residence in the county in which the facility is located.
3. If the documentation required pursuant to subsection 1 is not submitted to the operator of the accommodation facility within 15 days after the child was conditionally admitted, the child must be excluded from the facility.
4. Before December 31 of each year, each accommodation facility shall report to the Division of Public and Behavioral Health of the Department, on a form furnished by [the] that Division, the exact number of children who have:
(a) Been admitted conditionally to the accommodation facility; and
(b) Completed the immunizations required by this section.
5. To the extent that the Board or an agency for the licensing of child care facilities established by a county or city requires a child care facility to maintain proof of immunization of a child admitted to the facility, the Board or agency shall authorize a business which operates more than one
κ2023 Statutes of Nevada, Page 1729 (CHAPTER 254, AB 463)κ
accommodation facility to maintain proof of immunization of a child admitted to any accommodation facility of the business at a single location of the business. The documentation must be accessible by each accommodation facility of the business.
Sec. 11. NRS 218G.595 is hereby amended to read as follows:
218G.595 1. Not later than 45 days after receiving a report pursuant to NRS 218G.590 concerning a child care facility licensed pursuant to chapter 432A of NRS, the Division of [Public and Behavioral Health] Welfare and Supportive Services of the Department of Health and Human Services or the county or incorporated city from which the facility has obtained a license pursuant to NRS 432A.131, as applicable, shall review the facility to which the report pertains to determine whether the facility has corrected the deficiencies described in the report. The review may include a physical inspection of the facility at the discretion of the Division, county or city, as applicable.
2. After conducting a review pursuant to subsection 1, the Division, county or city shall provide a report of its determinations to the Legislative Auditor. The report must include:
(a) A determination of whether the deficiencies described in the report of the Legislative Auditor or the Legislative Auditors designee have been resolved;
(b) If the deficiencies described in the report of the Legislative Auditor or the Legislative Auditors designee have not been resolved, a description of the measures being taken by the facility to resolve the deficiencies, a determination of whether those measures are adequate and the expected date by which the deficiencies will be resolved; and
(c) A statement of any issues of fact or law on which the Division, county or city, as applicable, disagrees with the report of the Legislative Auditor or the Legislative Auditors designee.
3. If the Division, county or city concludes, after a review conducted pursuant to subsection 1, that a child care facility has not resolved a deficiency described in the report of the Legislative Auditor or the Legislative Auditors designee, the Division, county or city, as applicable, shall, not later than 30 days after completing the review:
(a) Provide a copy of its report to each court or other governmental agency that places children in the facility and post the report publicly on an Internet website maintained by the Division, county or city, as applicable; and
(b) Schedule another review of the facility which must be conducted not later than 30 days after the review conducted pursuant to subsection 1. After the review conducted pursuant to this paragraph, the Division, county or city, as applicable, shall take the actions described in subsection 2 and, if necessary, this subsection.
4. The Legislative Auditor or the Legislative Auditors designee shall include any information provided by the Division, a county or an incorporated city concerning any deficiency identified at a child care facility in any report issued by the Legislative Auditor or the Legislative Auditors designee concerning the inspections, reviews and surveys required by NRS 218G.575.
5. This section shall not be construed to prohibit or limit the ability of:
(a) A licensing entity to impose sanctions on a facility for children under its jurisdiction; or
κ2023 Statutes of Nevada, Page 1730 (CHAPTER 254, AB 463)κ
(b) A law enforcement agency to respond to criminal conduct at a facility for children.
6. As used in this section, child care facility has the meaning ascribed to it in NRS 432A.024.
Sec. 11.5. NRS 449.0307 is hereby amended to read as follows:
449.0307 The Division may:
1. Upon receipt of an application for a license, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies and purposes of any person proposing to engage in the operation of a medical facility, a facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed. The facility is subject to inspection and approval as to standards for safety from fire, on behalf of the Division, by the State Fire Marshal [.] or a designee of the State Fire Marshal, which may include a local fire agency that meets an industry standard accepted by the State Fire Marshal.
2. Upon receipt of a complaint against a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed, except for a complaint concerning the cost of services, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies, procedures and records of that facility or any other medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed which may have information pertinent to the complaint.
3. Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 449.029 to 449.245, inclusive.
Sec. 11.8. NRS 449.131 is hereby amended to read as follows:
449.131 1. Any authorized member or employee of the Division may enter and inspect any building or premises at any time to secure compliance with or prevent a violation of any provision of NRS 449.029 to 449.245, inclusive.
2. The State Fire Marshal or a designee of the State Fire Marshal , which may include a local fire agency that meets an industry standard accepted by the State Fire Marshal, shall, upon receiving a request from the Division or a written complaint concerning compliance with the plans and requirements to respond to an emergency adopted pursuant to subsection 9 of NRS 449.0302:
(a) Enter and inspect a residential facility for groups or a building operated by a provider of community-based living arrangement services in which such services are provided; and
(b) Make recommendations regarding the adoption of plans and requirements pursuant to subsection 9 of NRS 449.0302,
Κ to ensure the safety of the residents of the facility or persons receiving care from the provider, as applicable, in an emergency.
3. The Chief Medical Officer or a designee of the Chief Medical Officer shall enter and inspect at least annually each building or the premises of a residential facility for groups and each building operated by a provider of community-based living arrangement services in which such services are provided to ensure compliance with standards for health and sanitation.
κ2023 Statutes of Nevada, Page 1731 (CHAPTER 254, AB 463)κ
4. An authorized member or employee of the Division shall enter and inspect any building or premises operated by a residential facility for groups or provider of community-based living arrangement services within 72 hours after the Division is notified that a residential facility for groups or provider of community-based living arrangement services is operating without a license.
Sec. 12. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
3. Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Sec. 13. The Legislative Counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 14. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1732κ
Assembly Bill No. 403Committee on Health and Human Services
CHAPTER 255
[Approved: June 9, 2023]
AN ACT relating to medical facilities; removing a halfway house for persons recovering from alcohol or other substance use disorders from the definition of a facility for the dependent; revising terminology used to refer to such facilities; removing the requirement that such a facility be licensed and regulated as a facility for the dependent; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) requires a facility for the dependent to be licensed by the Division of Public and Behavioral Health of the Department of Health and Human Services; (2) imposes certain duties on a facility for the dependent concerning treatment of patients; (3) requires agents and employees of a facility for the dependent to receive cultural competency training; (4) prohibits a facility for the dependent from using a misleading name; and (5) exempts a facility for the dependent from a requirement that imposes certain safeguards relating to smoking from a requirement to equip every door to an exit corridor which serves 30 or more occupants with a device which closes the door. (NRS 449.030, 449.101-449.104, 449.204, 449A.100-449A.118, 477.120) Existing law requires a halfway house for persons recovering from alcohol or other substance use disorders to be licensed as a facility for the dependent and otherwise follow the laws and regulations governing facilities for the dependent. (NRS 449.0045, 449.030) Existing law also requires a facility for the education, prevention and treatment of persons with alcohol or other substance use disorders, including a halfway house for persons recovering from alcohol or other substance use disorders, to be certified by the Division as a condition of receiving public money. (NRS 458.025) Section 1 of this bill removes the designation of a halfway house for persons recovering from alcohol or other substance use disorders as a facility for the dependent, thereby: (1) removing the requirement that such a halfway house be licensed by the Division while preserving the requirement that such a halfway house be certified by the Division in order to receive public money; and (2) excluding such a halfway house from the duties, requirements, prohibitions and exemptions that apply to a facility for the dependent. Section 3 of this bill makes a conforming change to remove a requirement that the Division post on the Internet information concerning the licensing status and quality of halfway houses for persons recovering from alcohol or other substance use disorders. Section 5 of this bill makes a conforming change to remove a reference to a halfway house for persons recovering from alcohol or other substance use disorders as a type of facility for the dependent. Sections 2 and 6-9 of this bill replace the term halfway house for persons recovering from alcohol or other substance use disorders with the term recovery house for persons recovering from alcohol or other substance use disorders. Section 4 of this bill preserves certain immunity from liability for volunteers of a recovery house for persons recovering from alcohol or other substance use disorders.
κ2023 Statutes of Nevada, Page 1733 (CHAPTER 255, AB 403)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449.0045 is hereby amended to read as follows:
449.0045 Facility for the dependent includes:
1. A facility for the treatment of alcohol or other substance use disorders;
2. [A halfway house for persons recovering from alcohol or other substance use disorders;
3.] A facility for the care of adults during the day;
[4.] 3. A residential facility for groups;
[5.] 4. An agency to provide personal care services in the home;
[6.] 5. A facility for transitional living for released offenders;
[7.] 6. A home for individual residential care;
[8.] 7. A community health worker pool; and
[9.] 8. A provider of community-based living arrangement services.
Sec. 2. NRS 449.008 is hereby amended to read as follows:
449.008 [Halfway] Recovery house for persons recovering from alcohol or other substance use disorders [means a residence that provides housing and a living environment for persons recovering from alcohol or other substance use disorders and is operated to facilitate their reintegration into the community, but does not provide any treatment for alcohol or other substance use disorders. The term does not include a facility for transitional living for released offenders.] has the meaning ascribed to it in NRS 278.02374.
Sec. 3. NRS 449.03075 is hereby amended to read as follows:
449.03075 The Division shall:
1. Compile and post on an Internet website maintained by the Division information concerning the licensing status and quality of:
(a) Facilities for the treatment of alcohol or other substance use disorders;
(b) [Halfway houses for persons recovering from alcohol or other substance use disorders;
(c)] Medical facilities that provide a program of treatment for alcohol or other substance use disorders; and
[(d)] (c) To the extent that such information is available, unlicensed programs of treatment for alcohol or other substance use disorders; and
2. Update the information described in subsection 1 at least annually.
Sec. 4. NRS 41.485 is hereby amended to read as follows:
41.485 1. Except as otherwise provided in subsection 2, a volunteer of a charitable organization is immune from liability for civil damages as a result of an act or omission:
κ2023 Statutes of Nevada, Page 1734 (CHAPTER 255, AB 403)κ
(a) Of an agent of the charitable organization; or
(b) Concerning services the volunteer performs for the charitable organization that are not supervisory in nature and are not part of any duties or responsibilities the volunteer may have as an officer, director or trustee of the charitable organization, unless the act is intentional, willful, wanton or malicious.
2. This section does not restrict the liability of a charitable organization for the acts or omissions of a volunteer performing services on its behalf.
3. As used in this section:
(a) Agent means an officer, director, trustee or employee, whether or not compensated, or a volunteer;
(b) Charitable organization means a nonprofit corporation, association or organization, a recovery house for persons recovering from alcohol or other substance use disorders or a licensed medical facility or facility for the dependent, but does not include a fire department, law enforcement agency or auxiliary thereof; [and]
(c) Recovery house for persons recovering from alcohol or other substance use disorders has the meaning ascribed to it in NRS 278.02374; and
(d) Volunteer means an officer, director, trustee or other person who performs services without compensation, other than reimbursement for actual and necessary expenses on behalf of or to benefit a charitable organization.
Sec. 5. NRS 129.050 is hereby amended to read as follows:
129.050 1. Except as otherwise provided in NRS 449A.551 and 450B.525, any minor who is under the influence of, or suspected of being under the influence of, a controlled substance:
(a) May give express consent; or
(b) If unable to give express consent, shall be deemed to consent,
Κ to the furnishing of hospital, medical, surgical or other care for the treatment of substance use disorders or related illnesses by any public or private hospital, medical facility, facility for the dependent [, other than a halfway house for persons recovering from alcohol and other substance use disorders,] or any licensed physician, and the consent of the minor is not subject to disaffirmance because of minority.
2. Immunity from civil or criminal liability extends to any physician or other person rendering care or treatment pursuant to subsection 1, in the absence of negligent diagnosis, care or treatment.
3. The consent of the parent, parents or legal guardian of the minor is not necessary to authorize such care, but any physician who treats a minor pursuant to this section shall make every reasonable effort to report the fact of treatment to the parent, parents or legal guardian within a reasonable time after treatment.
Sec. 6. NRS 244.3549 is hereby amended to read as follows:
244.3549 1. Except as otherwise provided in subsections 2 and 3, each board of county commissioners shall adopt an ordinance using the following terms to describe the following types of facilities, homes, houses and institutions:
κ2023 Statutes of Nevada, Page 1735 (CHAPTER 255, AB 403)κ
(a) Child care institution, as that term is used in NRS 432A.0245.
(b) Facility for transitional living for released offenders, as that term is used in NRS 449.0055.
(c) Group foster home, as that term is used in NRS 424.015.
(d) [Halfway house for persons recovering from alcohol and other substance use disorders, as that term is used in NRS 449.008.
(e)] Home for individual residential care, as that term is used in NRS 449.0105.
(e) Recovery house for persons recovering from alcohol or other substance use disorders, as that term is defined in NRS 278.02374.
(f) Residential facility for groups, as that term is used in NRS 449.017.
2. Subsection 1 requires the board of county commissioners to use the specified terms solely for the purpose of referring to the named facilities, homes, houses and institutions and does not require the board to adopt the States definition for the purpose of regulating or imposing any requirement with respect to such a facility, home, house or institution.
3. A board of county commissioners is not required to include a term set forth in subsection 1 in the ordinance if:
(a) A facility, home, house or institution of the type corresponding to the term does not exist in the county; or
(b) The countys ordinances do not otherwise, by whatever name, refer to a facility, home, house or institution of the type corresponding to the term.
Sec. 7. NRS 268.0193 is hereby amended to read as follows:
268.0193 1. Except as otherwise provided in subsections 2 and 3, the governing body of each city shall adopt an ordinance using the following terms to describe the following types of facilities, homes, houses and institutions:
(a) Child care institution, as that term is used in NRS 432A.0245.
(b) Facility for transitional living for released offenders, as that term is used in NRS 449.0055.
(c) Group foster home, as that term is used in NRS 424.015.
(d) [Halfway house for persons recovering from alcohol and other substance use disorders, as that term is used in NRS 449.008.
(e)] Home for individual residential care, as that term is used in NRS 449.0105.
(e) Recovery house for persons recovering from alcohol or other substance use disorders, as that term is used in NRS 278.02374.
(f) Residential facility for groups, as that term is used in NRS 449.017.
2. Subsection 1 requires the governing body of the city to use the specified terms solely for the purpose of referring to the named facilities, homes, houses and institutions and does not require the governing body to use the States definition for the purpose of regulating or imposing any requirement with respect to such a facility, home, house or institution.
3. The governing body of a city is not required to include a term set forth in subsection 1 in the ordinance if:
κ2023 Statutes of Nevada, Page 1736 (CHAPTER 255, AB 403)κ
(a) A facility, home, house or institution of the type corresponding to the term does not exist in the city; or
(b) The citys ordinances do not otherwise, by whatever name, refer to a facility, home, house or institution of the type corresponding to the term.
Sec. 8. NRS 278.02374 is hereby amended to read as follows:
278.02374 [Halfway] Recovery house for persons recovering from alcohol [and] or other substance use disorders [has the meaning ascribed to it in NRS 449.008.] means a residence that provides housing and a living environment for persons recovering from alcohol or other substance use disorders and is operated to facilitate their reintegration into the community but does not provide any treatment for alcohol or other substance use disorders. The term does not include a facility for transitional living for released offenders.
Sec. 9. The Legislative Counsel shall:
1. In preparing the Nevada Revised Statutes, use the authority set forth in subsection 10 of NRS 220.120 to substitute appropriately the term recovery house for persons recovering from alcohol or other substance use disorders for the term halfway house for persons recovering from alcohol or other substance use disorders.
2. In preparing supplements to the Nevada Administrative Code, substitute appropriately the term recovery house for persons recovering from alcohol or other substance use disorders for the term halfway house for persons recovering from alcohol or other substance use disorders.
Sec. 10. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 9, 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 1737κ
Assembly Bill No. 207Assemblymen Gonzαlez and Nguyen
CHAPTER 256
[Approved: June 9, 2023]
AN ACT relating to education; authorizing the board of trustees of a school district and the governing body of a charter school to obtain insurance for liability arising out of the participation of a pupil in a work-based learning program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the board of trustees of a school district or the governing body of a charter school to offer a work-based learning program upon approval of the State Board of Education. (NRS 389.167) This bill authorizes the board of trustees of a school district or the governing body of a charter school to obtain liability insurance against liability arising out of the participation of a pupil in a work-based learning program. This bill also prohibits the board of trustees of a school district or the governing body of a charter school from directly or indirectly charging a pupil or the parent or legal guardian of a pupil for the cost of such insurance coverage. This bill authorizes the board of trustees of a school district or the governing body of a charter school to accept gifts, grants and donations to purchase or maintain such insurance.
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 389 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of trustees of a school district or the governing body of a charter school that has been approved by the State Board to offer a work-based learning program may purchase and maintain insurance against any liability arising out of the participation of a pupil in the work-based learning program. The coverage authorized by this section must be obtained from an insurer who is authorized to do business in this State.
2. A school district or charter school may not directly or indirectly charge a pupil or the parent or legal guardian of a pupil for the cost of obtaining insurance coverage pursuant to subsection 1.
3. The board of trustees of a school district or the governing body of a charter school may accept gifts, grants and donations from any source to purchase or maintain insurance coverage pursuant to subsection 1.
Sec. 2. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1738κ
Assembly Bill No. 405Committee on Judiciary
CHAPTER 257
[Approved: June 9, 2023]
AN ACT relating to criminal procedure; authorizing a justice court or municipal court to establish a program for the treatment of mental illness or intellectual disabilities; revising various provisions relating to a program for the treatment of mental illness or intellectual disabilities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a district court to establish an appropriate program for the treatment of mental illness or intellectual disabilities to which it may assign an eligible defendant. Under existing law, a justice court or municipal court is authorized, upon approval of a district court, to transfer original jurisdiction of a case involving such an eligible defendant to the district court. (NRS 4.370, 5.050, 176A.250, 176A.255) Sections 1-6 of this bill additionally authorize a justice court or municipal court to establish such a program and to transfer original jurisdiction of a case involving an eligible defendant to the district court if the justice court or municipal court: (1) has not established such a program; or (2) determines that the transfer is appropriate and necessary.
Existing law limits the definition of an eligible defendant to mean a person who: (1) has not tendered a plea of guilty, guilty but mentally ill or nolo contendere to, or been found guilty or guilty but mentally ill of, an offense that is a misdemeanor; (2) appears to suffer from mental illness or to be intellectually disabled; and (3) would benefit from assignment to a program. (NRS 176A.255) Section 2 of this bill expands the definition of an eligible defendant to include any person who, regardless of whether the person has tendered a plea to or been found guilty of an offense that is a misdemeanor: (1) appears to suffer from a mental illness or to be intellectually disabled; and (2) would benefit from assignment to a program.
Existing law provides that upon a violation of a term or condition of such a program, the court may: (1) enter a judgment of conviction and proceed as provided in the section pursuant to which the defendant was charged; and (2) order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison. (NRS 176A.260) Section 3 authorizes the imposition of certain sanctions against a defendant for such a violation.
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 176A.250 is hereby amended to read as follows:
176A.250 A district court, justice court or municipal court may establish an appropriate program for the treatment of mental illness or intellectual disabilities to which it may assign a defendant pursuant to NRS 174.032, 176.211, 176A.260 or 176A.400. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the defendant is making satisfactory progress towards completion of the program.
Sec. 2. NRS 176A.255 is hereby amended to read as follows:
176A.255 1. A justice court or a municipal court , as applicable, may, upon approval of the district court, transfer original jurisdiction to the district court of a case involving an eligible defendant [.]
κ2023 Statutes of Nevada, Page 1739 (CHAPTER 257, AB 405)κ
district court of a case involving an eligible defendant [.] if the justice court or municipal court, as applicable:
(a) Has not established a program pursuant to NRS 176A.250; or
(b) Determines that the transfer is appropriate and necessary.
2. As used in this section, eligible defendant means a person who:
(a) [Has not tendered a plea of guilty, guilty but mentally ill or nolo contendere to, or been found guilty or guilty but mentally ill of, an offense that is a misdemeanor;
(b)] Appears to suffer from mental illness or to be intellectually disabled; and
[(c)] (b) Would benefit from assignment to a program established pursuant to NRS 176A.250.
Sec. 3. NRS 176A.260 is hereby amended to read as follows:
176A.260 1. Except as otherwise provided in subparagraph (1) of paragraph (a) of subsection 3 of NRS 176.211, if a defendant who suffers from mental illness or is intellectually disabled tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, any offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the district court, justice court or municipal court , as applicable, may:
(a) Without entering a judgment of conviction and with the consent of the defendant, suspend or defer further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.250 if the district court, justice court or municipal court determines that the defendant is eligible for participation in such a program; or
(b) Enter a judgment of conviction and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.250, if the district court, justice court or municipal court determines that the defendant is eligible for participation in such a program.
2. Except as otherwise provided in subsection 4, a defendant is eligible for participation in a program established pursuant to NRS 176A.250 if the defendant is diagnosed as having a mental illness or an intellectual disability:
(a) After an in-person clinical assessment by:
(1) A counselor who is licensed or certified to make such a diagnosis; or
(2) A duly licensed physician qualified by the Board of Medical Examiners to make such a diagnosis; and
(b) If the defendant appears to suffer from a mental illness, pursuant to a mental health screening that indicates the presence of a mental illness.
3. A counselor or physician who diagnoses a defendant as having a mental illness or intellectual disability shall submit a report and recommendation to the district court, justice court or municipal court concerning the length and type of treatment required for the defendant within the maximum probation terms applicable to the offense for which the defendant is convicted.
4. If the offense committed by the defendant is a category A felony or a sexual offense as defined in NRS 179D.097 that is punishable as a category B felony, the defendant is not eligible for assignment to the program.
5. Upon violation of a term or condition:
(a) The district court, justice court or municipal court, as applicable, may impose sanctions against the defendant for the violation, but allow the defendant to remain in the program.
κ2023 Statutes of Nevada, Page 1740 (CHAPTER 257, AB 405)κ
defendant to remain in the program. Before imposing a sanction, the court shall notify the defendant of the violation and provide the defendant an opportunity to respond. Any sanction imposed pursuant to this paragraph:
(1) Must be in accordance with any applicable guidelines for sanctions established by the National Association of Drug Court Professionals or any successor organization; and
(2) May include, without limitation, imprisonment in a county or city jail or detention facility for a term set by the court, which must not exceed 25 days.
(b) The district court, justice court or municipal court , as applicable, may enter a judgment of conviction, if applicable, and proceed as provided in the section pursuant to which the defendant was charged.
[(b)] (c) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the district court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.
6. Except as otherwise provided in subsection 8, upon fulfillment of the terms and conditions, the district court, justice court or municipal court [:] , as applicable:
(a) Shall discharge the defendant and dismiss the proceedings or set aside the judgment of conviction, as applicable, unless the defendant:
(1) Has been previously convicted in this State or in any other jurisdiction of a felony; or
(2) Has previously failed to complete a specialty court program; or
(b) May discharge the defendant and dismiss the proceedings or set aside the judgment of conviction, as applicable, if the defendant:
(1) Has been previously convicted in this State or in any other jurisdiction of a felony; or
(2) Has previously failed to complete a specialty court program.
7. Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of the defendant for any purpose.
8. If the defendant was charged with a violation of NRS 200.485, 484C.110 or 484C.120, upon fulfillment of the terms and conditions, the district court, justice court or municipal court, as applicable, may conditionally dismiss the charges or set aside the judgment of conviction, as applicable. If a court conditionally dismisses the charges or sets aside the judgment of conviction, the court shall notify the defendant that any conditionally dismissed charge or judgment of conviction that is set aside is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail in a future case, but is not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose. Conditional dismissal or having a judgment of conviction set aside restores the defendant, in the contemplation of the law, to the status occupied before the arrest, complaint, indictment or information.
κ2023 Statutes of Nevada, Page 1741 (CHAPTER 257, AB 405)κ
before the arrest, complaint, indictment or information. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, complaint, indictment, information or trial in response to an inquiry made of the defendant for any purpose.
Sec. 4. NRS 176A.265 is hereby amended to read as follows:
176A.265 1. Except as otherwise provided in subsection 2, after a defendant is discharged from probation or a case is dismissed pursuant to NRS 176A.260, the district court, justice court or municipal court , as applicable, shall order sealed all documents, papers and exhibits in the defendants 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 if the defendant fulfills the terms and conditions imposed by the court and the Division. The district court, justice court or municipal court , as applicable, shall order those records sealed without a hearing unless the Division petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
2. If the defendant is charged with a violation of NRS 200.485, 484C.110 or 484C.120 and the charges are conditionally dismissed or the judgment of conviction is set aside as provided in NRS 176A.260, not sooner than 7 years after the charges are conditionally dismissed or the judgment of conviction is set aside and upon the filing of a petition by the defendant, the justice court, municipal court or district court, as applicable, shall order that all documents, papers and exhibits in the defendants 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 be sealed. The justice court, municipal court or district court, as applicable, shall order those records sealed without a hearing unless the Division petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
3. If the district court, justice court or municipal court , as applicable, orders sealed the record of a defendant who is discharged from probation, whose case is dismissed, whose charges were conditionally dismissed or whose judgment of conviction was set aside pursuant to NRS 176A.260, the court shall send a copy of the order to each agency or officer named in the order. Each such agency or officer shall notify the district court, justice court or municipal court , as applicable, in writing of its compliance with the order.
Sec. 5. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as otherwise provided in subsection 2, justice courts have jurisdiction of the following civil actions and proceedings and no others except as otherwise provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $15,000.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $15,000.
(c) Except as otherwise provided in paragraph (l), in actions for a fine, penalty or forfeiture not exceeding $15,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
κ2023 Statutes of Nevada, Page 1742 (CHAPTER 257, AB 405)κ
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $15,000, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed $15,000.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $15,000.
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $15,000 or when no damages are claimed.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $15,000 or when no damages are claimed.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $15,000.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $15,000.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $15,000.
(l) In actions for a civil penalty imposed for a violation of NRS 484D.680.
(m) Except as otherwise provided in this paragraph, in any action for the issuance of a temporary or extended order for protection against domestic violence pursuant to NRS 33.020. A justice court does not have jurisdiction in an action for the issuance of a temporary or extended order for protection against domestic violence:
(1) In a county whose population is 100,000 or more and less than 700,000;
(2) In any township whose population is 100,000 or more located within a county whose population is 700,000 or more;
(3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court; or
(4) Where the adverse party against whom the order is sought is under 18 years of age.
(n) Except as otherwise provided in this paragraph, in any action for the issuance of an emergency or extended order for protection against high-risk behavior pursuant to NRS 33.570 or 33.580. A justice court does not have jurisdiction in an action for the issuance of an emergency or extended order for protection against high-risk behavior:
(1) In a county whose population is 100,000 or more but less than 700,000;
(2) In any township whose population is 100,000 or more located within a county whose population is 700,000 or more;
(3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court; or
(4) Where the adverse party against whom the order is sought is under 18 years of age.
κ2023 Statutes of Nevada, Page 1743 (CHAPTER 257, AB 405)κ
(o) In an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive, where the adverse party against whom the order is sought is 18 years of age or older.
(p) In small claims actions under the provisions of chapter 73 of NRS.
(q) In actions to contest the validity of liens on mobile homes or manufactured homes.
(r) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment where the adverse party against whom the order is sought is 18 years of age or older.
(s) In any action pursuant to NRS 200.378 for the issuance of a protective order against a person alleged to have committed the crime of sexual assault where the adverse party against whom the order is sought is 18 years of age or older.
(t) In actions transferred from the district court pursuant to NRS 3.221.
(u) In any action for the issuance of a temporary or extended order pursuant to NRS 33.400.
(v) In any action seeking an order pursuant to NRS 441A.195.
(w) In any action to determine whether a person has committed a civil infraction punishable pursuant to NRS 484A.703 to 484A.705, inclusive.
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justice courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute. [Upon approval of the district court, a] A justice court may , upon approval of the district court, transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established by the district court pursuant to:
(a) NRS 176A.250, if the justice court:
(1) Has not established its own program [established] pursuant to [NRS 176A.250 or, if the justice court has not established a program pursuant to] that section; or
(2) Determines that the transfer is appropriate and necessary.
(b) NRS 176A.280, [to a] if the justice court has not established its own program [established] pursuant to that section.
4. Except as otherwise provided in subsections 5, 6 and 7, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. A justice of the peace may conduct a pretrial release hearing for a person located outside of the township of the justice of the peace.
6. In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
7. Each justice court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
κ2023 Statutes of Nevada, Page 1744 (CHAPTER 257, AB 405)κ
Sec. 6. NRS 5.050 is hereby amended to read as follows:
5.050 1. Municipal courts have jurisdiction of civil actions or proceedings:
(a) For the violation of any ordinance of their respective cities.
(b) To determine whether a person has committed a civil infraction punishable pursuant to NRS 484A.703 to 484A.705, inclusive.
(c) To prevent or abate a nuisance within the limits of their respective cities.
2. Except as otherwise provided in subsection 2 of NRS 173.115, the municipal courts have jurisdiction of all misdemeanors committed in violation of the ordinances of their respective cities. [Upon approval of the district court, a] A municipal court may , upon approval of the district court, transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established by the district court pursuant to:
(a) NRS 176A.250, if the municipal court:
(1) Has not established its own program [established] pursuant to [NRS 176A.250 or, if the municipal court has not established a program pursuant to] that section; or
(2) Determines that the transfer is appropriate and necessary.
(b) NRS 176A.280, [to a] if the municipal court has not established its own program [established] pursuant to that section.
3. The municipal courts have jurisdiction of:
(a) Any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed $2,500.
(b) Actions to foreclose liens in the name of the city for the nonpayment of those taxes or assessments when the principal sum claimed does not exceed $2,500.
(c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all bonds given on appeals from the municipal court in any of the cases named in this section, when the principal sum claimed does not exceed $2,500.
(d) Actions for the recovery of personal property belonging to the city, when the value thereof does not exceed $2,500.
(e) Actions by the city for the collection of any damages, debts or other obligations when the amount claimed, exclusive of costs or attorneys fees, or both if allowed, does not exceed $2,500.
(f) Actions seeking an order pursuant to NRS 441A.195.
4. Nothing contained in subsection 3 gives the municipal court jurisdiction to determine any such cause when it appears from the pleadings that the validity of any tax, assessment or levy, or title to real property, is necessarily an issue in the cause, in which case the court shall certify the cause to the district court in like manner and with the same effect as provided by law for certification of causes by justice courts.
5. The municipal courts may hold a jury trial for any matter:
(a) Within the jurisdiction of the municipal court; and
(b) Required by the United States Constitution, the Nevada Constitution or statute.
Sec. 7. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1745κ
Assembly Bill No. 364Assemblymen Cohen, ONeill; Anderson, Brown-May, Dickman, DSilva and Gorelow
CHAPTER 258
[Approved: June 9, 2023]
AN ACT relating to medicine; revising the membership of the Board of Medical Examiners; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that the Board of Medical Examiners consists of: (1) six licensed physicians; (2) one representative of the interests of persons or agencies that regularly provide health care to persons who are indigent, uninsured or unable to afford health care; and (3) two residents of this State who are not affiliated with the healing arts. (NRS 631.050) Section 1 of this bill increases the size of the Board of Medical Examiners from 9 members to 11 members. Sections 2 and 3 of this bill revise the membership of the Board to require the appointment of one member who is a physician assistant and one member who is a practitioner of respiratory care.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 630.050 is hereby amended to read as follows:
630.050 1. The Board of Medical Examiners consists of [nine] 11 members appointed by the Governor.
2. No person may be appointed as a member of the Board to serve for more than two consecutive full terms, but a person may be reappointed after the lapse of 4 years.
Sec. 2. NRS 630.060 is hereby amended to read as follows:
630.060 1. Six members of the Board must be persons who are licensed to practice medicine in this State, are actually engaged in the practice of medicine in this State and have resided and practiced medicine in this State for at least 5 years preceding their respective appointments.
2. One member of the Board must be a person who is licensed to practice as a physician assistant in this State, is actually engaged in practice as a physician assistant in this State and has resided and practiced as a physician assistant in this State for at least 5 years preceding his or her appointment.
3. One member of the Board must be a person who is licensed to engage in the practice of respiratory care in this State, is actually engaged in the practice of respiratory care in this State and has resided and practiced respiratory care in this State for at least 5 years preceding his or her appointment.
κ2023 Statutes of Nevada, Page 1746 (CHAPTER 258, AB 364)κ
4. One member of the Board must be a person who has resided in this State for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member must not be licensed under the provisions of this chapter.
[3.] 5. The remaining two members of the Board must be persons who have resided in this State for at least 5 years and who:
(a) Are not licensed in any state to practice any healing art;
(b) Are not the spouse or the parent or child, by blood, marriage or adoption, of a person licensed in any state to practice any healing art;
(c) Are not actively engaged in the administration of any facility for the dependent as defined in chapter 449 of NRS, medical facility or medical school; and
(d) Do not have a pecuniary interest in any matter pertaining to the healing arts, except as a patient or potential patient.
[4.] 6. The members of the Board must be selected without regard to their individual political beliefs.
Sec. 3. The amendatory provisions of sections 1 and 2 of this act do not affect the current term of appointment of any person who, before the effective date of this act, is a member of the Board of Medical Examiners, and each member continues to serve until the expiration of his or her term or until the member vacates his or her office, whichever occurs first. On and after the effective date of this act, the Governor shall make appointments to the Board of Medical Examiners in accordance with NRS 630.060, as amended by section 2 of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
κ2023 Statutes of Nevada, Page 1747κ
Assembly Bill No. 137Committee on Health and Human Services
CHAPTER 259
[Approved: June 9, 2023]
AN ACT relating to fetal alcohol spectrum disorders; making certain provisions applicable to fetal alcohol spectrum disorders; requiring the Medicaid program to provide coverage of certain services to persons with fetal alcohol spectrum disorders; providing that fetal alcohol spectrum disorder is a developmental disability; making an appropriation and authorizing certain expenditures; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Advisory Board on Maternal and Child Health, the Division of Public and Behavioral Health of the Department of Health and Human Services and the University of Nevada School of Medicine to take certain actions to monitor, prevent, identify and treat fetal alcohol syndrome. (NRS 442.137, 442.385, 442.390, 442.420) Existing law also provides that, if a pregnant woman is referred to the Division by a provider of health care or other services for information relating to programs for the prevention and treatment of fetal alcohol syndrome, any report relating to the referral or other associated documentation is confidential and not to be used in any criminal prosecution of the woman. (NRS 442.395) Sections 2-6 of this bill expand the applicability of those provisions to apply to all fetal alcohol spectrum disorders. Section 1 of this bill defines the term fetal alcohol spectrum disorder for the purposes of provisions relating to maternal and child health to mean a continuum of birth defects caused by maternal consumption of alcohol during pregnancy.
Existing law requires the Department to administer Medicaid. (NRS 422.270) Section 6.7 of this bill requires the Director of the Department, to the extent that federal financial participation is available, to include under Medicaid coverage for certain supports and services provided to recipients of Medicaid with fetal alcohol spectrum disorders. Section 6.7 also authorizes the Department to apply to the Federal Government for any waiver granted pursuant to federal law or amendment necessary to the State Plan for Medicaid to receive federal funding to include such coverage in the State Plan. Section 6.3 of this bill makes a conforming change to indicate that the provisions of section 6.7 will be administered in the same manner as the provisions of existing law governing Medicaid. Section 7.5 of this bill makes an appropriation to the Division of Health Care Financing and Policy of the Department of Health and Human Services and authorizes certain related expenditures to carry out the provisions of section 6.7.
Existing law defines developmental disability for the purpose of provisions governing services for persons with developmental disabilities as a neurological condition that manifests before a person attains the age of 22 years, is likely to continue indefinitely and results in substantial functional limitations. (NRS 435.007) Section 7 of this bill provides that a fetal alcohol spectrum disorder is a developmental disability.
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 442.003 is hereby amended to read as follows:
442.003 As used in this chapter, unless the context requires otherwise:
1. Advisory Board means the Advisory Board on Maternal and Child Health.
κ2023 Statutes of Nevada, Page 1748 (CHAPTER 259, AB 137)κ
2. Department means the Department of Health and Human Services.
3. Director means the Director of the Department.
4. Division means the Division of Public and Behavioral Health of the Department.
5. Fetal alcohol [syndrome includes fetal alcohol effects.] spectrum disorder has the meaning ascribed to it in NRS 432B.0655.
6. Freestanding birthing center has the meaning ascribed to it in NRS 449.0065.
7. Laboratory has the meaning ascribed to it in NRS 652.040.
8. Midwife means:
(a) A person certified as:
(1) A Certified Professional Midwife by the North American Registry of Midwives, or its successor organization; or
(2) A Certified Nurse-Midwife by the American Midwifery Certification Board, or its successor organization; or
(b) Any other type of midwife.
9. Provider of health care or other services means:
(a) A clinical alcohol and drug counselor who is licensed, or an alcohol and drug counselor who is licensed or certified, pursuant to chapter 641C of NRS;
(b) A physician or a physician assistant who is licensed pursuant to chapter 630 or 633 of NRS and who practices in the area of obstetrics and gynecology, family practice, internal medicine, pediatrics or psychiatry;
(c) A licensed nurse;
(d) A licensed psychologist;
(e) A licensed marriage and family therapist;
(f) A licensed clinical professional counselor;
(g) A licensed social worker;
(h) A licensed dietitian; or
(i) The holder of a certificate of registration as a pharmacist.
Sec. 2. NRS 442.137 is hereby amended to read as follows:
442.137 The purpose of the Advisory Board is to advise the Administrator of the Division concerning perinatal care to enhance the survivability and health of infants and persons who are pregnant, are giving birth and have given birth, and concerning programs to improve the health of preschool children, to achieve the following objectives:
1. Ensuring the availability and accessibility of primary care health services;
2. Reducing the rate of infant mortality;
3. Reducing the incidence of preventable diseases and handicapping conditions among children;
4. Identifying the most effective methods of preventing fetal alcohol [syndrome] spectrum disorder and collecting information relating to the incidence of fetal alcohol [syndrome] spectrum disorders in this state;
5. Preventing the consumption of alcohol by women during pregnancy;
6. Reducing the need for inpatient and long-term care services;
7. Increasing the number of children who are appropriately immunized against disease;
8. Increasing the number of children from low-income families who are receiving assessments of their health;
9. Ensuring that services to follow up the assessments are available, accessible and affordable to children identified as in need of those services;
κ2023 Statutes of Nevada, Page 1749 (CHAPTER 259, AB 137)κ
10. Assisting the Division in developing a program of public education that it is required to develop pursuant to NRS 442.385, including, without limitation, preparing and obtaining information relating to fetal alcohol [syndrome;] spectrum disorders;
11. Assisting the University of Nevada School of Medicine in reviewing, amending and distributing the guidelines it is required to develop pursuant to NRS 442.390; and
12. Promoting the health of infants and persons who are pregnant, are giving birth or have given birth by ensuring the availability and accessibility of affordable perinatal services.
Sec. 3. NRS 442.385 is hereby amended to read as follows:
442.385 The Division shall develop and carry out a program of public education to increase public awareness about the dangers of fetal alcohol [syndrome] spectrum disorders and other adverse effects on a fetus that may result from the consumption of alcohol during pregnancy. The program must include, without limitation:
1. Educational messages that are directed toward the general public and specific geographical areas and groups of persons in this State that are identified pursuant to subsection 1 of NRS 442.420 as having women who are at a high risk of consuming alcohol during pregnancy.
2. Providing training materials to school personnel to assist them in identifying pupils who may be suffering from a fetal alcohol [syndrome] spectrum disorder and offering to provide the parents of those pupils with a referral for diagnostic services and treatment.
3. If a toll-free telephone service is otherwise provided by the Division, the use of that telephone service for providing information relating to programs for the treatment of substance use disorders, providers of health care or other services and other available resources, and referrals to those programs, if appropriate. The telephone number must be disclosed in the educational messages provided pursuant to this section.
Sec. 4. NRS 442.390 is hereby amended to read as follows:
442.390 The University of Nevada School of Medicine shall develop guidelines to assist a provider of health care or other services in identifying:
1. Pregnant women who are at a high risk of consuming alcohol during pregnancy; and
2. Children who are suffering from fetal alcohol [syndrome.] spectrum disorders.
Sec. 5. NRS 442.395 is hereby amended to read as follows:
442.395 Except as otherwise provided in NRS 239.0115 and 439.538, if a pregnant woman is referred to the Division by a provider of health care or other services for information relating to programs for the prevention and treatment of fetal alcohol [syndrome,] spectrum disorders, any report relating to the referral or other associated documentation is confidential and must not be used in any criminal prosecution of the woman.
Sec. 6. NRS 442.420 is hereby amended to read as follows:
442.420 The Division shall develop and maintain a system for monitoring fetal alcohol [syndrome,] spectrum disorders that may include, without limitation, a method of:
1. Identifying the geographical areas in this state in which women are at a high risk of consuming alcohol during pregnancy and groups of persons in this state that include such women;
2. Identifying and evaluating deficiencies in existing systems for delivering perinatal care; and
κ2023 Statutes of Nevada, Page 1750 (CHAPTER 259, AB 137)κ
3. Collecting and analyzing data relating to systems for delivering perinatal care.
Sec. 6.3. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 6.7 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
κ2023 Statutes of Nevada, Page 1751 (CHAPTER 259, AB 137)κ
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department.
Sec. 6.7. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Director shall, to the extent that federal financial participation is available, include under Medicaid coverage for supports and services provided to recipients of Medicaid with fetal alcohol spectrum disorders that are aimed at allowing such recipients to remain living in the home of the recipient or in a community-based setting.
2. The Department may apply to the Secretary of Health and Human Services for any waiver granted pursuant to federal law, amendment to the State Plan for Medicaid or other federal authority that authorizes the Department to receive federal funding to provide the coverage described in subsection 1. The Department shall fully cooperate in good faith with the Federal Government during the application process to satisfy the requirements of the Federal Government for obtaining a waiver or amendment pursuant to this section.
3. Fetal alcohol spectrum disorder has the meaning ascribed to it in NRS 432B.0655.
Sec. 7. NRS 435.007 is hereby amended to read as follows:
435.007 As used in this chapter, unless the context otherwise requires:
1. Administrative officer means a person with overall executive and administrative responsibility for those state or nonstate intellectual and developmental disability centers designated by the Administrator.
2. Administrator means the Administrator of the Division.
3. Child means any person under the age of 18 years who may be eligible for intellectual disability services or developmental disability services.
4. Department means the Department of Health and Human Services.
5. Developmental disability means autism, cerebral palsy, epilepsy , a fetal alcohol spectrum disorder or any other neurological condition diagnosed by a qualified professional that:
(a) Is manifested before the person affected attains the age of 22 years;
(b) Is likely to continue indefinitely;
(c) Results in substantial functional limitations, as measured by a qualified professional, in three or more of the following areas of major life activity:
(1) Taking care of oneself;
(2) Understanding and use of language;
(3) Learning;
(4) Mobility;
(5) Self-direction; and
(6) Capacity for independent living; and
(d) Results in the person affected requiring a combination of individually planned and coordinated services, support or other assistance that is lifelong or has an extended duration.
6. Director of the Department means the administrative head of the Department.
7. Division means the Aging and Disability Services Division of the Department.
8. Division facility means any unit or subunit operated by the Division for the care, treatment and training of consumers.
9. Fetal alcohol spectrum disorder has the meaning ascribed to it in NRS 432B.0655.
κ2023 Statutes of Nevada, Page 1752 (CHAPTER 259, AB 137)κ
10. Intellectual disability means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.
[10.] 11. Intellectual and developmental disability center means an organized program for providing appropriate services and treatment to persons with intellectual disabilities and persons with developmental disabilities. An intellectual and developmental disability center may include facilities for residential treatment and training.
[11.] 12. Medical director means the chief medical officer of any program of the Division for persons with intellectual disabilities or developmental disabilities.
[12.] 13. Mental illness has the meaning ascribed to it in NRS 433.164.
[13.] 14. Parent means the parent of a child. The term does not include the parent of a person who has attained the age of 18 years.
[14.] 15. Person includes a child and any other consumer with an intellectual disability and a child or any other consumer with a developmental disability who has attained the age of 18 years.
[15.] 16. Person professionally qualified in the field of psychiatric mental health has the meaning ascribed to it in NRS 433.209.
[16.] 17. Residential facility for groups means a structure similar to a private residence which will house a small number of persons in a homelike atmosphere.
[17.] 18. Training means a program of services directed primarily toward enhancing the health, welfare and development of persons with intellectual disabilities or persons with developmental disabilities through the process of providing those experiences that will enable the person to:
(a) Develop his or her physical, intellectual, social and emotional capacities to the fullest extent;
(b) Live in an environment that is conducive to personal dignity; and
(c) Continue development of those skills, habits and attitudes essential to adaptation in contemporary society.
[18.] 19. Treatment means any combination of procedures or activities, of whatever level of intensity and whatever duration, ranging from occasional counseling sessions to full-time admission to a residential facility.
Sec. 7.5. 1. There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services to provide the Medicaid coverage described in subsection 1 of section 6.7 of this act, for updates to the Medicaid Management Information System and for personnel, travel, operating, equipment and information services expenses associated with implementing the provisions of section 6.7 of this act the following sums:
For the Fiscal Year 2023-2024...................................................... $114,642
For the Fiscal Year 2024-2025...................................................... $158,672
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
κ2023 Statutes of Nevada, Page 1753 (CHAPTER 259, AB 137)κ
3. Expenditure of $149,362 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2023-2024 by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purposes as set forth in subsection 1.
4. Expenditure of $403,165 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2024-2025 by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purposes as set forth in subsection 1.
Sec. 8. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 9. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 6, inclusive, 7, 7.5 and 8 of this act become effective on July 1, 2023.
3. Sections 6.3 and 6.7 of this act become effective:
(a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
________
Assembly Bill No. 128Assemblywoman Jauregui
CHAPTER 260
[Approved: June 9, 2023]
AN ACT making an appropriation to the Outdoor Education and Recreation Grant Program Account for the costs of the program; and providing other matters properly relating thereto.
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. There is hereby appropriated from the State General Fund to the Outdoor Education and Recreation Grant Program Account created by NRS 407A.615 for carrying out the Outdoor Education and Recreation Grant Program and awarding grants in accordance with NRS 407A.605 the following sums:
For the Fiscal Year 2023-2024.................................................... $250,000
For the Fiscal Year 2024-2025.................................................... $250,000
Sec. 2. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1754κ
Assembly Bill No. 125Assemblymen Backus; Gorelow and Hafen
Joint Sponsors: Senators Buck and Krasner
CHAPTER 261
[Approved: June 9, 2023]
AN ACT relating to public safety; requiring the tribal liaison for the Department of Public Safety to maintain ongoing communication relating to missing or murdered indigenous persons between the Department and certain entities; authorizing the Department to accept a report relating to certain persons missing from an Indian reservation or Indian colony located in whole or in part in this State; requiring certain law enforcement agencies to notify certain persons or agencies after receiving a report related to a missing indigenous person; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires each state agency that communicates with Indian tribes on a regular basis to designate a tribal liaison whose duties include maintaining ongoing communication between the state agency and affected Indian tribes. (NRS 233A.260) Section 2 of this bill requires the tribal liaison for the Department of Public Safety to also maintain ongoing communication related to missing or murdered indigenous persons between the Department and: (1) Indian tribes and tribal communities in this State; (2) tribal organizations; (3) urban Indian organizations; (4) other tribal liaisons designated by state agencies; and (5) nongovernmental entities that provide services to women who are members of Indian tribes.
Existing law requires each sheriff, chief of police or other law enforcement agency which receives a report of a person missing under suspicious circumstances who is 18 years of age or older to enter the information concerning the missing person into the computer for the National Crime Information Center. (NRS 480.500) Section 3 of this bill authorizes the Department to: (1) accept a report of a person who is 18 years of age or older and missing under certain circumstances from an Indian reservation or Indian colony that is located in whole or in any part of this State; and (2) enter the information concerning the missing person into the computer for the National Crime Information Center.
Section 3.5 of this bill requires each sheriff, chief of police or other law enforcement agency that receives a report that an indigenous person who is 18 years of age or older is missing from an Indian reservation or Indian colony that is located in whole or in part in this State to notify: (1) the Missing and Murdered Unit within the Office of Justice Services of the Bureau of Indian Affairs; (2) a person employed as a police officer by the Indian tribe having jurisdiction over the Indian reservation or Indian colony from which the person is missing; or (3) the tribal liaison for the Department.
Section 4.5 of this bill makes an appropriation to the Investigation Division of the Department for personnel, travel, operating, equipment and information services expenses to carry out the provisions of this bill.
κ2023 Statutes of Nevada, Page 1755 (CHAPTER 261, AB 125)κ
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 480 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 3.5 of this act.
Sec. 2. In addition to the duties set forth in NRS 233A.260, the tribal liaison for the Department shall maintain ongoing communication relating to missing or murdered indigenous persons between the Department and:
1. Indian tribes and tribal communities in this State;
2. Tribal organizations;
3. Urban Indian organizations;
4. Other tribal liaisons designated by state agencies pursuant to NRS 233A.260; and
5. Nongovernmental entities that provide services to women who are members of Indian tribes.
Sec. 3. Notwithstanding any other provision of state or local law, the Department may:
1. Accept a report of a person who is 18 years of age or older and missing from an Indian reservation or Indian colony that is located in whole or in part in this State if the person who is reported missing:
(a) Has a physical or mental disability;
(b) Is missing after an emergency or natural disaster;
(c) Is missing under:
(1) Circumstances that indicate he or she may be in danger or that his or her disappearance may not be voluntary; or
(2) Any other suspicious circumstance; and
2. Enter the information concerning the missing person into the National Crime Information Center pursuant to NRS 480.500.
Sec. 3.5. If a person reports to a sheriff, chief of police or other law enforcement agency that an indigenous person who is 18 years of age or older is missing from an Indian reservation or Indian colony that is located in whole or in part in this State, the sheriff, chief of police or other law enforcement agency, as applicable, shall notify:
1. The Missing and Murdered Unit within the Office of Justice Services of the Bureau of Indian Affairs;
2. A person employed as a police officer by the Indian tribe having jurisdiction over the Indian reservation or Indian colony from which the person is missing; or
3. The tribal liaison designated by the Department pursuant to NRS 233A.260.
Sec. 4. (Deleted by amendment.)
Sec. 4.5. 1. There is hereby appropriated from the State General Fund to the Investigation Division of the Department of Public Safety for personnel, travel, operation, equipment and information services expenses to carry out the provisions of this act the following sums:
For the Fiscal Year 2023-2024.................................................... $104,945
For the Fiscal Year 2024-2025.................................................... $113,148
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
κ2023 Statutes of Nevada, Page 1756 (CHAPTER 261, AB 125)κ
after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec. 5. This act becomes effective on July 1, 2023.
________
Assembly Bill No. 84Committee on Natural Resources
CHAPTER 262
[Approved: June 9, 2023]
AN ACT relating to state lands; requiring the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources to establish a program to issue, free of charge, an annual permit for entering all state parks and recreational areas to certain persons; making an appropriation to the Division to offset the loss of revenue from user fees resulting from such a program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources to establish a program to issue free of charge an annual permit to enter all state parks and recreational areas in this State to any pupil who is enrolled in the fifth grade at a school in this State. (NRS 407.065) Section 1 of this bill requires the Administrator to establish a similar program to issue free of charge an annual permit to enter all state parks and recreational areas in this State to any: (1) member of an Indian tribe located in whole or in part in this State; and (2) bona fide resident of this State who has been discharged, except a person who has been dishonorably discharged, from the Armed Forces of the United States.
Section 1.3 of this bill makes a conforming change to provide that such a program is an exception to the requirement that the Administrator impose and collect a reasonable fee for entering state parks and recreation areas.
Section 1.7 of this bill makes an appropriation to the Division to offset the loss of revenue from user fees associated with implementing such a program.
κ2023 Statutes of Nevada, Page 1757 (CHAPTER 262, AB 84)κ
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 407 of NRS is hereby amended by adding thereto a new section to read as follows:
The Administrator shall establish a program for the issuance of an annual permit, free of charge, to enter each state park and recreation area in this State to:
1. Any member of an Indian tribe that is located in whole or in part in this State; and
2. Any bona fide resident of this State who has been discharged from the Armed Forces of the United States, except a person who has been dishonorably discharged.
Sec. 1.3. NRS 407.065 is hereby amended to read as follows:
407.065 1. The Administrator, subject to the approval of the Director:
(a) Except as otherwise provided in this paragraph and NRS 407.066, may establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreational areas for the use of the general public. The name of an existing state park, monument or recreational area may not be changed unless the Legislature approves the change by statute.
(b) Shall protect state parks and property controlled or administered by the Division from misuse or damage and preserve the peace within those areas. The Administrator may appoint or designate certain employees of the Division to have the general authority of peace officers.
(c) May allow multiple use of state parks and real property controlled or administered by the Division for any lawful purpose, including, but not limited to, grazing, mining, development of natural resources, hunting and fishing, in accordance with such regulations as may be adopted in furtherance of the purposes of the Division.
(d) Except as otherwise provided in this section [,] and section 1 of this act, shall impose and collect reasonable fees for entering, camping and boating in state parks and recreational areas. The Division shall issue an annual permit for entering, camping and boating in all state parks and recreational areas in this State:
(1) Upon application therefor and proof of residency and age, to any bona fide resident of the State of Nevada who is 65 years of age or older.
(2) Upon application therefor and proof of residency and proof of status as described in subsection 5 of NRS 361.091, to a bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States.
Κ The permit must be issued without charge, except that the Division shall charge and collect an administrative fee for the issuance of the permit in an amount sufficient to cover the costs of issuing the permit.
(e) May conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and impose and collect reasonable fees for such special services.
(f) May rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the Division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the Division deems fit and proper, but no concessionaire may dominate any state park operation.
κ2023 Statutes of Nevada, Page 1758 (CHAPTER 262, AB 84)κ
a valuable consideration upon such terms and conditions as the Division deems fit and proper, but no concessionaire may dominate any state park operation.
(g) May establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the Legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the Administrator.
(h) In addition to any concession specified in paragraph (f), may establish concessions within the boundaries of any state park to provide for the sale of food, drinks, ice, publications, sundries, gifts and souvenirs, and other such related items as the Administrator determines are appropriately made available to visitors. Any money received by the Administrator for a concession established pursuant to this paragraph must be deposited in the Account for State Park Interpretative and Educational Programs and Operation of Concessions created by NRS 407.0755.
(i) May organize the areas under the jurisdiction of the Division into regions.
2. The Administrator:
(a) Shall issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter each state park and each recreational area in this State and, except as otherwise provided in subsection 4, use the facilities of the state park or recreational area without paying the entrance fee; and
(b) May issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter a specific state park or specific recreational area in this State and, except as otherwise provided in subsection 4, use the facilities of the state park or recreational area without paying the entrance fee.
3. The Administrator shall establish a program for the issuance of an annual permit, free of charge, to enter each state park and recreational area in this State to any pupil who is enrolled in the fifth grade at a school in this State. The program must:
(a) Specify the period for which the Administrator may issue an annual permit to a pupil pursuant to this subsection, including, without limitation, the date upon which the Administrator may issue an annual permit to a pupil who has completed fourth grade and who intends to enter the fifth grade after completing the fourth grade;
(b) Specify the circumstances under which a pupil and any person accompanying a pupil may use the annual permit to enter a state park or recreational area; and
(c) Include any other requirement which the Administrator determines is necessary to establish and carry out the program pursuant to this subsection.
4. An annual permit issued pursuant to subsection 2 or 3 does not authorize the holder of the permit to engage in camping or boating, or to attend special events. The holder of such a permit who wishes to engage in camping or boating, or to attend special events, must pay any fee established for the respective activity.
5. During each Public Lands Day observed pursuant to NRS 236.053, and upon proof of residency in this State, the Division shall allow a resident of this State to enter, camp and boat in any state park or recreational area without the payment of any fees for those activities.
κ2023 Statutes of Nevada, Page 1759 (CHAPTER 262, AB 84)κ
of this State to enter, camp and boat in any state park or recreational area without the payment of any fees for those activities. The free day of camping authorized pursuant to this subsection must include either the Friday night before Public Lands Day or overnight on the night of Public Lands Day, as determined by the Administrator for each state park and recreational area. A person is not entitled to receive more than one free night of camping during each Public Lands Day pursuant to this subsection.
6. Except as otherwise provided in subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees collected pursuant to paragraphs (d), (e) and (f) of subsection 1 or subsection 2 must be deposited in the State General Fund.
Sec. 1.7. 1. There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources for offsetting the loss of revenue from user fees associated with implementing the provisions of section 1 of this act the following sums:
For the Fiscal Year 2023-2024.................................................... $214,545
For the Fiscal Year 2024-2025.................................................... $241,909
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec. 2. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1760κ
Assembly Bill No. 72Committee on Education
CHAPTER 263
[Approved: June 9, 2023]
AN ACT relating to education; creating the Advisory Committee on the Safety and Well-Being of Public School Staff; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes various requirements governing educational personnel, including requirements governing the licensing, qualifications, employment, powers, duties, supervision and evaluation of such personnel. (Chapter 391 of NRS) Section 3 of this bill creates the Advisory Committee on the Safety and Well-Being of Public School Staff, and section 2 of this bill defines the term Advisory Committee to refer to that Advisory Committee. Section 3 prescribes the membership of the Advisory Committee and establishes procedures governing the operation of the Advisory Committee. Section 4 of this bill requires the Advisory Committee, on or before June 30, 2025, to review, investigate and make recommendations concerning: (1) any issue relating to the safety and well-being of public school staff, including provisions of law or regulations that affect the safety and well-being of public school staff; and (2) the consistent implementation of discipline of pupils.
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 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in sections 3 and 4 of this act, unless the context otherwise requires, Advisory Committee means the Advisory Committee on the Safety and Well-Being of Public School Staff created by section 3 of this act.
Sec. 3. 1. The Advisory Committee on the Safety and Well-Being of Public School Staff is hereby created within the Department.
2. The Advisory Committee consists of the following members:
(a) Five members appointed by the Governor who are licensed pursuant to this chapter and employed by a school district in this State, at least four of whom must teach in the classroom;
(b) Three members appointed by the Majority Leader of the Senate, as follows:
(1) One member of the Senate;
(2) One education support professional who is employed by a school district in this State and works primarily at a single public school; and
(3) One administrator of an elementary school in this State;
(c) Three members appointed by the Speaker of the Assembly, as follows:
κ2023 Statutes of Nevada, Page 1761 (CHAPTER 263, AB 72)κ
(1) One member of the Assembly;
(2) One education support professional who is employed by a school district in this State, works primarily for the school district and is assigned to multiple public schools; and
(3) One administrator of a high school in this State; and
(d) The following ex officio members:
(1) The Superintendent of Public Instruction or his or her designee; and
(2) The Director of the Office for a Safe and Respectful Learning Environment appointed pursuant to NRS 388.1323.
3. Any vacancy occurring in the membership of the Advisory Committee must be filled in the same manner as the original appointment.
4. Any legislative member of the Advisory Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election.
5. A majority of the members of the Advisory Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Advisory Committee.
6. At its first meeting, the Advisory Committee shall elect a Chair from among its members.
7. The Advisory Committee shall meet at least once in the first calendar year after its creation and thereafter at the call of the Chair as frequently as is required to perform its duties.
8. The members of the Advisory Committee serve without compensation and are not entitled to the per diem and travel expenses provided for state officers and employees generally.
9. Any member of the Advisory Committee who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that he or she may prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Advisory Committee to:
(a) Make up the time the member is absent from work to carry out his or her duties as a member of the Advisory Committee; or
(b) Take annual leave or compensatory time for the absence.
10. As used in this section, education support professional means a person that is employed by a school district in this State and not required, as a condition of his or her employment, to hold a license issued pursuant to this chapter. The term includes, without limitation, school secretaries, paraprofessionals, custodial staff, food service workers and bus drivers.
Sec. 4. On or before June 30, 2025, the Advisory Committee shall review, investigate and make recommendations to the Legislature, any offices of this State and any political subdivisions of this State as may be appropriate concerning:
κ2023 Statutes of Nevada, Page 1762 (CHAPTER 263, AB 72)κ
1. Any issue relating to the safety and well-being of public school staff, including, without limitation, provisions of law or regulations that affect the safety and well-being of public school staff; and
2. The consistent implementation of discipline of pupils.
Sec. 5. (Deleted by amendment.)
Sec. 6. This act becomes effective on July 1, 2023, and expires by limitation on June 30, 2025.
________
Assembly Bill No. 50Committee on Judiciary
CHAPTER 264
[Approved: June 9, 2023]
AN ACT relating to crimes; revising provisions relating to the prosecution of certain crimes; making an appropriation to be used for the prosecution of retail crime; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the crime of organized retail theft, which is defined as committing, either alone or with any other person or persons, a series of thefts of retail merchandise against one or more merchants, either on the premises of a merchant or through the use of an Internet or network site, with the intent to: (1) return the merchandise to the merchant for value; or (2) resell, trade or barter the merchandise for value in any manner. (NRS 205.08345) Section 1 of this bill authorizes the Attorney General to investigate and prosecute the crime of organized retail theft and any other crime committed in the course of committing organized retail theft.
Existing law also prohibits a person from selling, displaying or advertising, or possessing with the intent to sell, goods that have an unauthorized or counterfeit label or trademark. (NRS 205.210) Section 2 of this bill authorizes the Attorney General to investigate and prosecute such a crime and any other crime that is committed in the course of committing such a crime.
Additionally, existing law provides that it is a crime for a person, in the course of an enterprise or occupation, knowingly and with the intent to defraud, to engage in an act, practice or course of business or employ a device, scheme or artifice which operates or would operate as a fraud or deceit upon a person by means of a false representation or omission of a material fact that: (1) the person knows to be false or omitted; (2) the person intends another to rely on; and (3) results in a loss to any person who relied on the false representation or omission, in at least two transactions that have the same or similar pattern, intents, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics and are not isolated incidents within 4 years and in which the aggregate loss or intended loss is more than $1,200. (NRS 205.377) Section 3 of this bill authorizes the Attorney General to investigate and prosecute such a crime and any other crime committed in the course of committing such a crime.
Section 3.5 of this bill makes an appropriation to the Office of the Attorney General to be used for personnel, operating, travel and information technology expenses relating to the prosecution of retail crime.
κ2023 Statutes of Nevada, Page 1763 (CHAPTER 264, AB 50)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 205.08345 is hereby amended to read as follows:
205.08345 1. A person who knowingly participates directly or indirectly in or engages in conduct with the intent to further an organized retail theft is guilty of a category B felony and shall be punished by imprisonment in the state prison for:
(a) If the aggregated value of the property or services involved in all thefts committed in the organized retail theft in this State during a period of 120 days is at least $3,500 but less than $10,000, a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
(b) If the aggregated value of the property or services involved in all thefts committed in the organized retail theft in this State during a period of 120 days is $10,000 or more, a minimum term of not less than 2 years and a maximum term of not more than 15 years, and by a fine of not more than $20,000.
2. In addition to any other penalty, the court shall order a person who violates this section to pay restitution.
3. For the purposes of this section, in determining the aggregated value of the property or services involved in all thefts committed in the organized retail theft in this State during a period of 120 days:
(a) The amount involved in a single theft shall be deemed to be the highest value, by any reasonable standard, of the property or services which are obtained; and
(b) The amounts involved in all thefts committed by all participants in the organized retail theft must be aggregated.
4. In any prosecution for a violation of this section, the violation shall be deemed to have been committed and may be prosecuted in any jurisdiction in this State in which any theft committed by any participant in the organized retail theft was committed, regardless of whether the defendant was ever physically present in that jurisdiction.
5. The Attorney General may investigate and prosecute a violation of this section and any other statute violated in the course of committing a violation of this section.
6. As used in this section:
(a) Internet or network site has the meaning ascribed to it in NRS 205.4744.
(b) Merchant has the meaning ascribed to it in NRS 597.850.
(c) Organized retail theft means committing, either alone or with any other person or persons, a series of thefts of retail merchandise against one or more merchants, either on the premises of a merchant or through the use of an Internet or network site, in this State with the intent to:
(1) Return the merchandise to the merchant for value; or
(2) Resell, trade or barter the merchandise for value in any manner, including, without limitation, through the use of an Internet or network site.
Sec. 2. NRS 205.210 is hereby amended to read as follows:
205.210 1. A person shall not knowingly sell, display or advertise, or have in his or her possession with intent to sell, any goods, wares, merchandise, mixture, preparation or compound having affixed thereto any label, trademark, term, design, device or form of advertisement lawfully filed for record in the Office of the Secretary of State by any person, corporation, association or union, or the exclusive right to the use of which is guaranteed to the person, corporation, association or union under the laws of the United States, if the label, trademark, term, design, device or form of advertisement has been used or affixed thereto without the written authority of the person, corporation, association or union, or having affixed thereto any forged or counterfeit representation, likeness, similitude, copy or imitation thereof.
κ2023 Statutes of Nevada, Page 1764 (CHAPTER 264, AB 50)κ
merchandise, mixture, preparation or compound having affixed thereto any label, trademark, term, design, device or form of advertisement lawfully filed for record in the Office of the Secretary of State by any person, corporation, association or union, or the exclusive right to the use of which is guaranteed to the person, corporation, association or union under the laws of the United States, if the label, trademark, term, design, device or form of advertisement has been used or affixed thereto without the written authority of the person, corporation, association or union, or having affixed thereto any forged or counterfeit representation, likeness, similitude, copy or imitation thereof.
2. Except as otherwise provided in subsection 3, a violation of the provisions of subsection 1 is a misdemeanor.
3. A violation of the provisions of subsection 1 is:
(a) A category E felony if:
(1) The person committing the violation has been previously convicted one time for a violation of the provisions of subsection 1; or
(2) The goods, wares, merchandise, mixture, preparation or compound with respect to which the person violated the provisions of subsection 1:
(I) Consists of at least 100 but less than 1,000 salable units; or
(II) Has a retail value of at least $1,000 but less than $10,000.
(b) A category D felony if:
(1) The person committing the violation has been previously convicted two or more times for a violation of the provisions of subsection 1; or
(2) The goods, wares, merchandise, mixture, preparation or compound with respect to which the person violated the provisions of subsection 1:
(I) Consists of at least 1,000 salable units; or
(II) Has a retail value of at least $10,000.
4. For the purposes of this section, in accordance with the provisions of NRS 47.230, it may be reasonably inferred that a person intends to sell goods, wares, merchandise, a mixture, a preparation or a compound if the person knowingly possesses at least 26 salable units of the goods, wares, merchandise, mixture, preparation or compound.
5. The Attorney General may investigate and prosecute a violation of this section and any other statute violated in the course of committing a violation of this section.
6. As used in this section, retail value means:
(a) If the item that is identified by a label, trademark, term, design, device or form of advertisement in violation of subsection 1 is a component of a finished product with multiple components, the price at which the person in violation of subsection 1 regularly sells the finished product; or
(b) For any other item that is identified by a label, trademark, term, design, device or form of advertisement in violation of subsection 1, the price at which the person in violation of subsection 1 regularly sells the item.
Sec. 3. NRS 205.377 is hereby amended to read as follows:
205.377 1. A person shall not, in the course of an enterprise or occupation, knowingly and with the intent to defraud, engage in an act, practice or course of business or employ a device, scheme or artifice which operates or would operate as a fraud or deceit upon a person by means of a false representation or omission of a material fact that:
κ2023 Statutes of Nevada, Page 1765 (CHAPTER 264, AB 50)κ
(a) The person knows to be false or omitted;
(b) The person intends another to rely on; and
(c) Results in a loss to any person who relied on the false representation or omission,
Κ in at least two transactions that have the same or similar pattern, intents, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics and are not isolated incidents within 4 years and in which the aggregate loss or intended loss is more than $1,200.
2. Each act which violates subsection 1 constitutes a separate offense.
3. A person who violates subsection 1 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 20 years, and may be further punished by a fine of not more than $10,000.
4. In addition to any other penalty, the court shall order a person who violates subsection 1 to pay restitution.
5. A violation of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
6. The Attorney General may investigate and prosecute a violation of this section and any other statute violated in the course of committing a violation of this section.
7. As used in this section, enterprise has the meaning ascribed to it in NRS 207.380.
Sec. 3.5. 1. There is hereby appropriated from the State General Fund to the Office of the Attorney General to be used for personnel, operating, travel and information technology expenses relating to the prosecution of retail crime the following sums:
For the Fiscal Year 2023-2024.................................................... $125,731
For the Fiscal Year 2024-2025.................................................... $157,832
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec. 4. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1766κ
Assembly Bill No. 45Committee on Government Affairs
CHAPTER 265
[Approved: June 9, 2023]
AN ACT relating to health care; creating a program to repay the student education loans of certain providers of health care; prescribing the requirements to receive repayment of student education loans under the program; providing for the administration of the program; providing certain funding for the program and the Nevada Health Service Corps; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the State Treasurer to perform certain duties relating to the financing of higher education, including designating a Student Loan Ombudsman and administering the Nevada College Savings Trust Fund and the Millennium Scholarship Trust Fund. (NRS 226.400, 226.560, 353B.320, 353B.350, 396.926) Section 6 of this bill creates the Student Loan Repayment for Providers of Health Care in Underserved Communities Program to repay the student education loans of qualified providers of health care who work in certain underserved communities. Section 6 requires the State Treasurer to ensure that at least 15 percent of the money available for the Program in any year is used to repay the student education loans of providers of health care who commit to practicing in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties). With regard to other money available for the Program, section 6 requires the State Treasurer to prioritize certain providers of health care when awarding repayment of student education loans under the Program. Section 8 of this bill requires the State Treasurer to adopt regulations prescribing: (1) the procedure the State Treasurer will use to repay the student education loans pursuant to section 6; and (2) the manner in which such prioritization will be implemented. Section 7 of this bill prescribes the requirements for a provider of health care to be eligible for repayment of student education loans under the Program. Section 8 requires the State Treasurer to adopt regulations to prescribe certain procedures and standards relating to the Program, including: (1) the procedure to apply for repayment of student education loans under the Program; (2) any additional standards for eligibility to receive repayment of student education loans under the Program; and (3) a methodology for determining the amount of repayment of a student education loan that a provider of health care may receive. Section 8 also authorizes the State Treasurer to adopt any other regulations necessary to carry out the Program. Sections 2-5 of this bill define certain terms related to the Program. Sections 8 and 13 of this bill provide for the confidentiality of applications to receive repayment of student education loans under the Program and the personally identifiable information of applicants. Section 9 of this bill: (1) authorizes the State Treasurer to employ the necessary staff to administer the Program; and (2) requires the State Treasurer to post certain information about the Program on an Internet website.
Section 11 of this bill requires the Student Loan Ombudsman to assist certain student loan borrowers to become aware of, qualify for and apply for the Program.
Section 10 of this bill creates the Account for Student Loan Repayment for Providers of Health Care in Underserved Communities in the State General Fund to fund the Program. Section 12 of this bill requires the State Treasurer to transfer certain money from the Abandoned Property Trust Account to the Account for Student Loan Repayment for Providers of Health Care in Underserved Communities.
κ2023 Statutes of Nevada, Page 1767 (CHAPTER 265, AB 45)κ
Existing law authorizes the University of Nevada School of Medicine to establish a Nevada Health Service Corps to encourage practitioners to practice in areas of Nevada in which a shortage of that type of practitioner exists. (NRS 396.900) Existing law authorizes the School of Medicine to authorize the Corps to administer a program under which money for loans is repaid on behalf of practitioners who practice in such areas. (NRS 396.903) Existing law authorizes the School of Medicine to apply for matching money available for the program from the Federal Government. (NRS 396.902) Section 12 requires the State Treasurer to transfer certain money from the Abandoned Property Trust Account to the School of Medicine for the purpose of obtaining such federal matching money.
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 226 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them those sections.
Sec. 3. Program means the Student Loan Repayment for Providers of Health Care in Underserved Communities Program created by section 6 of this act.
Sec. 4. Provider of health care means:
1. A physician;
2. A physician assistant licensed pursuant to chapter 630 or 633 of NRS;
3. A dentist;
4. A licensed nurse;
5. A person who holds a license as an attendant or is certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant to chapter 450B of NRS;
6. An optometrist;
7. An audiologist;
8. A practitioner of respiratory care;
9. A podiatric physician;
10. A psychologist;
11. A clinical professional counselor;
12. A perfusionist;
13. A pharmacist or pharmacy technician;
14. 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;
15. A midwife; or
16. A provider of doula services who is enrolled with the Division of Health Care Financing and Policy of the Department of Health and Human Services to receive reimbursement through Medicaid pursuant to NRS 422.27177.
Sec. 5. Student education loan has the meaning ascribed to it in NRS 226.510.
Sec. 6. 1. The Student Loan Repayment for Providers of Health Care in Underserved Communities Program is hereby created to repay the student education loans of providers of health care who are eligible for the Program pursuant to sections 7 and 8 of this act and any regulations adopted pursuant thereto.
κ2023 Statutes of Nevada, Page 1768 (CHAPTER 265, AB 45)κ
student education loans of providers of health care who are eligible for the Program pursuant to sections 7 and 8 of this act and any regulations adopted pursuant thereto.
2. The State Treasurer shall administer the Program.
3. In administering the Program, the State Treasurer shall:
(a) Ensure that persons who receive repayment of student education loans are committed to providing health care services in an underserved community in this State;
(b) Ensure that at least 15 percent of money available for the Program in any year be used to repay the student education loans of providers of health care who commit to practicing in a county whose population is less than 100,000, to the extent that such providers are participating in the Program;
(c) With regard to money available for the Program other than money used for the purpose described in paragraph (b), prioritize the repayment of student education loans for providers of primary care, providers of health care who commit to accepting as patients recipients of Medicaid or insurance pursuant to the Childrens Health Insurance Program and other providers of health care specified by the regulations adopted by the State Treasurer pursuant to section 8 of this act; and
(d) Work collaboratively to raise awareness about the Program with organizations that work with providers of health care and students studying to become providers of health care, including, without limitation:
(1) Educational institutions in this State, including, without limitation, institutions in the Nevada System of Higher Education;
(2) Organizations that represent medical students and other students studying to become providers of health care;
(3) Organizations that represent providers of health care;
(4) Tribal governments; and
(5) Organizations who advocate for improved health outcomes in minority communities.
4. As used in this section, primary care means the practice of family medicine, pediatrics, internal medicine, psychiatry or obstetrics and gynecology.
Sec. 7. A provider of health care is eligible for repayment of a student education loan under the Program if the provider of health care:
1. Is a current resident of this State;
2. Is actively licensed, certified or registered in good standing to practice in this State as a provider of health care; and
3. Commits to at least 5 years of clinical practice as a licensed, certified or registered provider of health care in this State:
(a) In a census tract which, upon commencement of such clinical practice, is designated as a qualified census tract by the United States Secretary of Housing and Urban Development pursuant to 26 U.S.C. § 42(d)(5)(B)(ii);
(b) In a census tract which, upon commencement of such clinical practice, has a high level of social vulnerability as determined according to the Social Vulnerability Index developed by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services;
κ2023 Statutes of Nevada, Page 1769 (CHAPTER 265, AB 45)κ
(c) In a community in which, according to the decennial census immediately preceding the commencement of such clinical practice, at least 20 percent of households were not proficient in the English language;
(d) On tribal lands or in a community where tribal members commonly reside;
(e) In a geographic area that has been subject to historical instances of redlining, segregation or other discriminatory practices on the basis of race, color, religion, national origin, disability, sexual orientation, sex or gender identity or expression, as determined by the State Treasurer in accordance with the regulations adopted pursuant to section 8 of this act; or
(f) In a county whose population is less than 100,000.
Sec. 8. 1. A provider of health care who meets the qualifications set forth in section 7 of this act and wishes to receive repayment of student education loans from the Program must submit an application to the State Treasurer in the form prescribed by the State Treasurer and comply with any regulations adopted pursuant to subsection 2.
2. The State Treasurer:
(a) Shall adopt regulations prescribing the procedures and standards, in addition to those prescribed by section 7 of this act, for determining the eligibility of a provider of health care to receive repayment of a student education loan from the Program.
(b) Shall adopt regulations establishing a methodology for determining the amount of repayment of a student education loan that a provider of health care is eligible to receive from the Program. That methodology must include, without limitation, a sliding scale that conditions the amount a provider of health care should receive from the Program on areas of specialization, type of degree and average loan burden for the particular field of health care in which the provider practices.
(c) Shall adopt regulations establishing the:
(1) Procedure that the State Treasurer will use to carry out the provisions of paragraph (b) of subsection 3 of section 6 of this act; and
(2) Manner in which the Program must prioritize the repayment of student education loans for the providers of health care pursuant to paragraph (c) of subsection 3 of section 6 of this act.
(d) Shall adopt regulations prescribing the manner in which the State Treasurer will determine whether a geographic area meets the requirements of paragraph (e) of subsection 3 of section 7 of this act.
(e) Shall adopt regulations prescribing the procedures for the repayment of a student education loan of a provider of health care who has been found eligible to receive such repayment from the Program.
(f) May adopt any other regulations necessary to carry out the Program.
3. The Program may not provide to a provider of health care more than $120,000 for the repayment of student education loans.
4. The application of a provider of health care for repayment of a student education loan and any related personally identifiable information of the applicant is confidential.
Sec. 9. The State Treasurer:
1. May employ such staff as the State Treasurer deems necessary to administer the Program.
κ2023 Statutes of Nevada, Page 1770 (CHAPTER 265, AB 45)κ
2. Shall post information about the Program, including, without limitation, the requirements to be eligible to receive repayment of student education loans from the Program and the procedure to apply for such repayment, on an Internet website maintained by the State Treasurer.
Sec. 10. 1. The Account for Student Loan Repayment for Providers of Health Care in Underserved Communities is hereby created in the State General Fund. The State Treasurer shall administer the Account.
2. Money for the Account may be provided:
(a) By direct legislative appropriation;
(b) By transfer from another account, including, without limitation, the Abandoned Property Trust Account created by NRS 120A.620; or
(c) As provided in subsection 5.
3. Money in the Account must be used solely:
(a) To administer the Account and the Program; and
(b) To repay the student education loans of providers of health care who have qualified for such repayment pursuant to sections 7 and 8 of this act.
4. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. 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.
5. The State Treasurer may apply for and accept any gift, donation, bequest, grant or other source of money for the purpose of administering the Program and repaying the student education loans of providers of health care who have qualified for repayment of student education loans pursuant to sections 7 and 8 of this act. The State Treasurer shall deposit any money so received into the Account.
Sec. 11. NRS 226.570 is hereby amended to read as follows:
226.570 The Student Loan Ombudsman shall:
1. Receive, review and attempt to resolve any complaint from a student loan borrower, including, without limitation, attempting to resolve such a complaint in collaboration with an institution of higher education, a student loan servicer and any other person who participates in providing a student education loan.
2. Compile and analyze data on complaints as described in subsection 1.
3. Assist student loan borrowers to understand their rights and responsibilities under the terms of student education loans.
4. Provide information to the public, governmental agencies and the Legislature regarding the problems and concerns of student loan borrowers and make recommendations for resolving those problems and concerns.
5. Analyze and monitor the development and implementation of federal, state and local laws, regulations and policies relating to student loan borrowers and recommend any changes the Student Loan Ombudsman deems necessary.
6. Review the complete history of any student education loan for any student loan borrower who has provided written consent for such a review.
7. Disseminate information concerning the availability of the Student Loan Ombudsman to assist student loan borrowers, potential student loan borrowers, institutions of higher education, student loan servicers and any other persons who participate in providing a student education loan, with any concerns relating to student loan servicing.
κ2023 Statutes of Nevada, Page 1771 (CHAPTER 265, AB 45)κ
other persons who participate in providing a student education loan, with any concerns relating to student loan servicing.
8. Assist student loan borrowers who are pursuing degrees in a health-related field to become aware of, qualify for and apply for the Student Loan Repayment for Providers of Health Care in Underserved Communities Program created by section 6 of this act.
9. Take any other actions necessary to fulfill the duties of the Student Loan Ombudsman as set forth in this section.
Sec. 12. NRS 120A.620 is hereby amended to read as follows:
120A.620 1. There is hereby created in the State General Fund the Abandoned Property Trust Account.
2. All money received by the Administrator under this chapter, including the proceeds from the sale of abandoned property, must be deposited by the Administrator in the State General Fund for credit to the Account.
3. Before making a deposit, the Administrator shall record the name and last known address of each person appearing from the holders reports to be entitled to the abandoned property and the name and last known address of each insured person or annuitant, and with respect to each policy or contract listed in the report of an insurance company, its number, the name of the company and the amount due. The record must be available for public inspection at all reasonable business hours.
4. The Administrator may pay from money available in the Account:
(a) Any costs in connection with the sale of abandoned property.
(b) Any costs of mailing and publication in connection with any abandoned property.
(c) Reasonable service charges.
(d) Any costs incurred in examining the records of a holder and in collecting the abandoned property.
(e) Any valid claims filed pursuant to this chapter.
5. Except as otherwise provided in NRS 120A.610, by the end of each fiscal year, the balance in the Account must be transferred as follows:
(a) The first $7,600,000 each year must be transferred to the Millennium Scholarship Trust Fund created by NRS 396.926.
(b) The next $1,000,000 each year must be transferred to the Grant Matching Account created by NRS 223.492.
(c) The next $2,500,000 each year must be transferred to the Account for Student Loan Repayment for Providers of Health Care in Underserved Communities created by section 10 of this act.
(d) If the Nevada Health Service Corps is established pursuant to NRS 396.900, the next $250,000 each year must be transferred to the University of Nevada School of Medicine for the purpose of obtaining matching money for the Corps from the Federal Government pursuant to subsection 1 of NRS 396.902.
(e) The remainder must be transferred to the State General Fund, but remains subject to the valid claims of holders pursuant to NRS 120A.590 and owners pursuant to NRS 120A.640 and any claims approved for payment by the Administrator pursuant to NRS 120A.525. No such claim may be satisfied from money in the Millennium Scholarship Trust Fund , [or] the Grant Matching Account [.] or the Account for Student Loan Repayment for Providers of Health Care in Underserved Communities.
κ2023 Statutes of Nevada, Page 1772 (CHAPTER 265, AB 45)κ
6. If there is an insufficient amount of money in the Account to pay any cost or charge pursuant to subsection 4 or NRS 120A.525, the State Board of Examiners may, upon the application of the Administrator, authorize a temporary transfer from the State General Fund to the Account of an amount necessary to pay those costs or charges. The Administrator shall repay the amount of the transfer as soon as sufficient money is available in the Account.
Sec. 13. 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.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.
κ2023 Statutes of Nevada, Page 1773 (CHAPTER 265, AB 45)κ
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 section 8 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.
κ2023 Statutes of Nevada, Page 1774 (CHAPTER 265, AB 45)κ
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. 14. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 13, 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.
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κ2023 Statutes of Nevada, Page 1775κ
Assembly Bill No. 16Committee on Ways and Means
CHAPTER 266
[Approved: June 9, 2023]
AN ACT relating to courts; prescribing the manner for increases in the annual base salary of the justices of the Nevada Supreme Court and the judges of the Nevada Court of Appeals; making an appropriation for such increases; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets the annual base salary for justices of the Nevada Supreme Court at $170,000 and for judges of the Nevada Court of Appeals at $165,000. (NRS 2.050, 2A.080) Sections 1 and 2 of this bill provide for increases in the annual base salary for justices of the Nevada Supreme Court and judges of the Nevada Court of Appeals every 6 years based upon the cumulative percentage increase in the salaries of the classified employees of this State. Section 2.5 of this bill makes an appropriation for such increases.
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 2.050 is hereby amended to read as follows:
2.050 1. Until the first Monday in January [2009,] 2025, the justices of the Supreme Court whose terms of office expire on the first Monday in January [2009] 2025 are entitled to receive an annual base salary of [$140,000. From and after] $170,000. On the first Monday in January [2009,] 2025, the annual base salary must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding 12 years. Every sixth year thereafter, the annual base salary of their successors in office [are entitled to receive an annual base salary of $170,000.] must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding 6 years.
2. Until the first Monday in January [2011,] 2027, the justices of the Supreme Court whose terms of office expire on the first Monday in January [2011] 2027 are entitled to receive an annual base salary of [$140,000. From and after] $170,000. On the first Monday in January [2011,] 2027, the annual base salary must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding 12 years. Every sixth year thereafter, the annual base salary of their successors in office [are entitled to receive an annual base salary of $170,000.] must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding 6 years.
κ2023 Statutes of Nevada, Page 1776 (CHAPTER 266, AB 16)κ
3. Until the first Monday in January [2013,] 2029, the justices of the Supreme Court whose terms of office expire on the first Monday in January [2013] 2029 are entitled to receive an annual base salary of [$140,000. From and after] $170,000. On the first Monday in January [2013,] 2029, the annual base salary must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding 12 years. Every sixth year thereafter, the annual base salary of their successors in office [are entitled to receive an annual base salary of $170,000.] must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding 6 years.
4. All salaries provided for in this section are payable in biweekly installments as other state officers are paid.
Sec. 2. NRS 2A.080 is hereby amended to read as follows:
2A.080 1. [The] Until the first Monday in January 2029, the annual base salary of each judge of the Court of Appeals is $165,000. On the first Monday in January 2029 and on the first Monday of every sixth year thereafter, the annual base salary of his or her successor in office must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding 6 years.
2. A judge of the Court of Appeals who has served as a justice of the Supreme Court, judge of the Court of Appeals or judge of a district court, or any combination thereof, for at least 4 years is entitled to an additional salary of 2 percent of his or her annual base salary for each year of service. The additional salary must not exceed 22 percent of his or her annual base salary.
3. The salary provided for in this section is payable in biweekly installments as other state officers are paid.
Sec. 2.5. 1. There is hereby appropriated from the State General Fund to the State Judicial Elected Officials Account the sum of $86,113 for Fiscal Year 2024-2025 for increases in the salary of justices of the Supreme Court and judges of the Court of Appeals.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 3. 1. This section and sections 1 and 2 of this act become effective on July 1, 2023.
2. Section 2.5 of this act becomes effective on July 1, 2024.
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