Link to Page 2936

 

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

ê2009 Statutes of Nevada, Page 2937ê

 

CHAPTER 493, SB 263

Senate Bill No. 263–Senator Rhoads

 

CHAPTER 493

 

AN ACT relating to city elections; amending the Charters of the Cities of Carlin and Wells to specify the dates for filing a declaration of candidacy to become a candidate in the general city election; amending the Charters of the Cities of Carlin and Wells to specify the appropriate appearance of names on an election ballot; and providing other matters properly relating thereto.

 

[Approved: June 9, 2009]

 

Legislative Counsel’s Digest:

      The existing Charters of the Cities of Carlin and Wells provide that a Mayor and the Councilmen of the respective cities are elected at a general city election which occurs on the same day as the statewide general election. Sections 1 and 3 of this bill amend the Charters of the Cities of Carlin and Wells to specify that a person seeking to appear on the ballot at the general city election in one of those cities must file a declaration of candidacy with the City Clerk not less than 5 days or more than 15 days before the day of the statewide primary election.

      Sections 2 and 4 of this bill also amend the Charters of the Cities of Carlin and Wells to specify the appropriate appearance of names on an election ballot, including details on how the names of candidates with similar surnames are to appear.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 603, is hereby amended by adding thereto a new section to be designated as section 5.015, immediately following section 5.010, to read as follows:

      Sec. 5.015  Filing of declarations of candidacy.

      1.  A candidate to be voted for at the general election must file a declaration of candidacy with the City Clerk not less than 5 days or more than 15 days before the day of the primary election held pursuant to the provisions of NRS 293.175. The City Clerk shall charge and collect from the candidate and the candidate must pay to the City Clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the City Council by ordinance or resolution.

      2.  If, due to the death or ineligibility of or withdrawal by a candidate, a vacancy occurs in a nomination after the close of filing and any applicable period for withdrawal of candidacy, the candidate’s name must remain on the ballot for the general election and, if elected, a vacancy exists.

      Sec. 2.  The Charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 603, is hereby amended by adding thereto a new section to be designated as section 5.040, immediately following section 5.030, to read as follows:

      Sec. 5.040  Names on ballots.

      1.  The full names of all candidates, except those who have withdrawn, died or become ineligible before the close of filing and any applicable period for withdrawal of candidacy, must be printed on the official ballots without party designation or symbol.

 


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

ê2009 Statutes of Nevada, Page 2938 (Chapter 493, SB 263)ê

 

any applicable period for withdrawal of candidacy, must be printed on the official ballots without party designation or symbol.

      2.  If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion and:

      (a) None of them is an incumbent, their middle names or middle initials, if any, must be included in their names as printed on the ballot; or

      (b) One of them is an incumbent, the name of the incumbent must be listed first and must be printed in bold type.

      Sec. 3.  The Charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 457, is hereby amended by adding thereto a new section to be designated as section 5.015, immediately following section 5.010, to read as follows:

      Sec. 5.015  Filing of declarations of candidacy.

      1.  A candidate to be voted for at the general election must file a declaration of candidacy with the City Clerk not less than 5 days or more than 15 days before the day of the primary election held pursuant to the provisions of NRS 293.175. The City Clerk shall charge and collect from the candidate and the candidate must pay to the City Clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the City Council by ordinance or resolution.

      2.  If, due to the death or ineligibility of or withdrawal by a candidate, a vacancy occurs in a nomination after the close of filing and any applicable period for withdrawal of candidacy, the candidate’s name must remain on the ballot for the general election and, if elected, a vacancy exists.

      Sec. 4.  Section 5.040 of the Charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, as amended by chapter 312, Statutes of Nevada 2003, at page 1731, is hereby amended to read as follows:

      Sec. 5.040  Names on ballots.

      1.  The full names of all candidates, except those who have withdrawn, died or become ineligible [,] before the close of filing and any applicable period for withdrawal of candidacy, must be printed on the official ballots without party designation or symbol.

      2.  If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion and:

      (a) None of them is an incumbent, their middle names or middle initials, if any, must be included in their names as printed on the ballot; or

      (b) One of them is an incumbent, the name of the incumbent must be listed first and must be printed in bold type.

      Sec. 5.  This act becomes effective upon passage and approval.

________

 


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

ê2009 Statutes of Nevada, Page 2939ê

 

CHAPTER 494, SB 269

Senate Bill No. 269–Senator Carlton (by request)

 

Joint Sponsors: Assemblymen Hardy and Smith

 

CHAPTER 494

 

AN ACT relating to professions; requiring a provider of health care to disclose the results of certain tests to a designated investigator or member of the State Board of Osteopathic Medicine; providing for the licensure of perfusionists; prohibiting a person from engaging in the practice of perfusion without a license issued by the Board of Medical Examiners; providing for the immediate suspension of a license to practice medicine upon the conviction of the holder of the license of certain violations; expanding the definitions of “practice of medicine” and “practice of osteopathic medicine” to include the performance of an autopsy; revising other provisions governing the issuance of a license to practice medicine by the Board of Medical Examiners; authorizing any person to file with the Board a complaint against a physician, perfusionist, physician assistant or practitioner of respiratory care under certain circumstances; revising provisions governing osteopathic medicine and psychologists; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 9, 2009]

 

Legislative Counsel’s Digest:

      This bill makes extensive changes to existing law governing the practice of medicine and osteopathic medicine. This bill also provides for the licensing and regulation of perfusionists by the Board of Medical Examiners. A perfusionist is a medical professional who, under the order and supervision of a physician, performs various medical functions to ensure the safe management of a patient’s cardiovascular, circulatory or respiratory system or other organs during surgical and other medical procedures. Sections 1, 3-13, 15, 16, 19-21, 24, 29, 33, 34, 39, 45, 46, 50-52, 55, 59-65, 70 and 79-85 of this bill amend various provisions of NRS to ensure that perfusionists are licensed and regulated by the Board of Medical Examiners in approximately the same manner as physicians, physician assistants and practitioners of respiratory care. (NRS 629.031, 630.003, 630.005, 630.045, 630.047, 630.120, 630.137, 630.167, 630.197, 630.268, 630.307, 630.309, 630.326, 630.329, 630.336, 630.346, 630.358, 630.366, 630.388, 630.390, 630.400, 630A.090, 632.472, 633.171, 652.210, 200.471, 200.5093, 200.50935, 372.7285, 374.731, 432B.220)

      This bill also makes various changes relating to the Board of Medical Examiners and the practice of medicine. Section 14 of this bill adds a new section to chapter 630 of NRS that provides for the immediate suspension of a license issued by the Board upon the conviction of the licensee of a felony for a violation of a federal or state law or regulation relating to his practice. Section 17 of this bill expands the definition of “practice of medicine” to include the performance of an autopsy. (NRS 630.020) Section 18 of this bill deletes existing provisions of law that authorize the Board to revoke a license only in accordance with certain provisions. (NRS 630.045) Section 22 of this bill changes the fiscal year for the Board to commence on January 1 and end on December 31. (NRS 630.123) Section 25 of this bill authorizes the Executive Director of the Board to sign subpoenas issued in connection with hearings and investigations conducted by the Board. (NRS 630.140) Sections 26-28, 30-32 and 35 of this bill make various changes concerning the requirements for the issuance of licenses by the Board, including the information required to be submitted for a license, the submission of the fingerprints of the applicant and the appeal of a denial of an application.

 


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

ê2009 Statutes of Nevada, Page 2940 (Chapter 494, SB 269)ê

 

of an application. (NRS 630.160, 630.1605, 630.167, 630.170, 630.173, 630.195, 630.200) Sections 13.5 and 36-38 of this bill revise certain categories of licenses issued by the Board, including the issuance of a special volunteer medical license to a physician who participates in disaster relief operations and the issuance of an authorized facility license. (NRS 630.258, 630.261, 630.262) Section 40 of this bill requires a person who wishes to practice respiratory care to complete an educational program for respiratory care approved by the Commission on Accreditation of Allied Health Education Programs or the Committee on Accreditation for Respiratory Care. (NRS 630.277) Sections 41-45, 47-49, 53, 54, 57 and 58 of this bill make numerous changes concerning the investigation of complaints against licensees, the grounds for the imposition of disciplinary action and the procedures to be followed in disciplinary proceedings. (NRS 630.299, 630.306, 630.3062, 630.307, 630.311, 630.318, 630.326, 630.339, 630.342, 630.352, 630.356)

      Sections 66-78 of this bill make similar changes relating to the State Board of Osteopathic Medicine and the practice of osteopathy. Section 66.1 includes the performance of an autopsy within the definition of the “practice of osteopathic medicine.” Sections 66.3, 66.5 and 66.7 authorize the issuance of certain categories of licenses by the Board, including a special volunteer license to practice osteopathic medicine to an osteopathic physician who participates in disaster relief operations and an authorized facility license. Section 67 adds a new section to chapter 633 of NRS which authorizes the Board or an investigative committee of the Board to issue to a person who violates or is violating the provisions of that chapter a letter of warning, a letter of concern or a nonpunitive admonishment. Section 68 also adds a new section to that chapter which establishes the standard of proof in disciplinary proceedings that are conducted pursuant to that chapter. Sections 69-78 make various changes concerning unprofessional conduct, the requirements for licensure to practice osteopathic medicine, examinations, the grounds for disciplinary action and the imposition of penalties after a disciplinary proceeding. (NRS 633.131, 633.171, 633.322, 633.331, 633.411, 633.511, 633.561, 633.625, 633.651, 633.691)

      Section 78.1 of this bill defines “national examination” to mean the Examination for Professional Practice in Psychology in the form administered by the Association of State and Provincial Psychology Boards and approved for use in this State by the Board of Psychological Examiners.

      Section 78.3 of this bill revises the requirements for an application for a license to practice psychology in this State to add the submission of a complete set of fingerprints and written permission authorizing the Board of Psychological Examiners 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 or verification that the set of fingerprints was directly forwarded to the Central Repository by the entity taking the prints.

      Existing law provides that the Board of Psychological Examiners may require an applicant for a license to pass an oral examination in whatever applied or theoretical fields it deems appropriate, in addition to a written examination. Section 78.4 of this bill eliminates: (1) the requirement that the additional examination be conducted orally; (2) the provisions relating to the frequency, time, location and supervision of the examination; (3) the requirement that the Board supply each applicant with a copy of the results of his written examination provided to the Board by the Association; and (4) the right of the applicant to request that the Board review his examination if he fails the examination.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 622.100 is hereby amended to read as follows:

      622.100  1.  Each regulatory body shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director:

 


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

ê2009 Statutes of Nevada, Page 2941 (Chapter 494, SB 269)ê

 

      (a) A summary of each disciplinary action taken by the regulatory body during the immediately preceding calendar quarter against any licensee of the regulatory body; and

      (b) A report that includes:

            (1) The number of licenses issued by the regulatory body during the immediately preceding calendar quarter; and

            (2) Any other information that is requested by the Director or which the regulatory body determines would be helpful to the Legislature in evaluating whether the continued existence of the regulatory body is necessary.

      2.  In addition to the information required pursuant to subsection 1, the Board of Medical Examiners and the State Board of Osteopathic Medicine shall further submit the number and types of remediation agreements each has approved pursuant to NRS 630.299 and section 67 of this act, respectively, at the same time and in the format prescribed by the Director pursuant to subsection 1.

      3.  The Director shall:

      (a) Provide any information he receives pursuant to subsection 1 or 2 to a member of the public upon request;

      (b) Cause a notice of the availability of such information to be posted on the public website of the Nevada Legislature on the Internet; and

      (c) Transmit a compilation of the information he receives pursuant to [subsection] subsections 1 and 2 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      [3.] 4.  The Director, on or before the first day of each regular session of the Legislature and at such other times as directed, shall compile the reports he has received pursuant to paragraph (b) of subsection 1 and the information he has received pursuant to subsection 2 and distribute copies of the compilation to the Senate Standing Committee on Commerce and Labor and the Assembly Standing Committee on Commerce and Labor, each of which shall review the compilation to determine whether the continued existence of each regulatory body is necessary.

      Sec. 1.3.  NRS 622.100 is hereby amended to read as follows:

      622.100  1.  Each regulatory body shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director:

      (a) A summary of each disciplinary action taken by the regulatory body during the immediately preceding calendar quarter against any licensee of the regulatory body; and

      (b) A report that includes:

            (1) The number of licenses issued by the regulatory body during the immediately preceding calendar quarter; and

            (2) Any other information that is requested by the Director or which the regulatory body determines would be helpful to the Legislature in evaluating whether the continued existence of the regulatory body is necessary.

      2.  [In addition to the information required pursuant to subsection 1, the Board of Medical Examiners and the State Board of Osteopathic Medicine shall further submit the number and types of remediation agreements each has approved pursuant to NRS 630.299 and section 67 of this act, respectively, at the same time and in the format prescribed by the Director pursuant to subsection 1.

 


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

ê2009 Statutes of Nevada, Page 2942 (Chapter 494, SB 269)ê

 

      3.]  The Director shall:

      (a) Provide any information he receives pursuant to subsection 1 or 2 to a member of the public upon request;

      (b) Cause a notice of the availability of such information to be posted on the public website of the Nevada Legislature on the Internet; and

      (c) Transmit a compilation of the information he receives pursuant to [subsections] subsection 1 [and 2] to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      3.  The Director, on or before the first day of each regular session of the Legislature and at such other times as directed, shall compile the reports he has received pursuant to paragraph (b) of subsection 1 [and the information he has received pursuant to subsection 2] and distribute copies of the compilation to the Senate Standing Committee on Commerce and Labor and the Assembly Standing Committee on Commerce and Labor, each of which shall review the compilation to determine whether the continued existence of each regulatory body is necessary.

      Sec. 1.7.  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 physician licensed pursuant to chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed marriage and family therapist, chiropractor, athletic trainer, perfusionist, doctor of Oriental medicine in any form, medical laboratory director or technician, pharmacist or a licensed hospital as the employer of any such person.

      2.  For the purposes of NRS 629.051, 629.061 and 629.065, the term includes a facility that maintains the health care records of patients.

      Sec. 2.  NRS 629.069 is hereby amended to read as follows:

      629.069  1.  A provider of health care shall disclose the results of all tests performed pursuant to NRS 441A.195 to:

      (a) The person who was tested and, upon request, a member of the family of a decedent who was tested;

      (b) The law enforcement officer, correctional officer, emergency medical attendant, firefighter, county coroner or medical examiner or their employee, other person who is employed by an agency of criminal justice or other public employee whose duties may require him to come into contact with human blood or bodily fluids who filed the petition or on whose behalf the petition was filed pursuant to NRS 441A.195;

      (c) The designated health care officer for the employer of the person described in paragraph (b) or, if there is no designated health care officer, the person designated by the employer to document and verify possible exposure to contagious diseases; [and]

      (d) If the person who was tested is incarcerated or detained, the person in charge of the facility in which the person is incarcerated or detained and the chief medical officer of the facility in which the person is incarcerated or detained, if any [.] ; and

      (e) A designated investigator or member of the State Board of Osteopathic Medicine during any period in which the Board is investigating the holder of a license pursuant to chapter 633 of NRS.

      2.  A provider of health care and an agent or employee of a provider of health care are immune from civil liability for a disclosure made in accordance with the provisions of this section.

 


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

ê2009 Statutes of Nevada, Page 2943 (Chapter 494, SB 269)ê

 

      Sec. 3.  Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 14, inclusive, of this act.

      Sec. 4.  1.  “Perfusion” means the performance of functions which are necessary to provide for the support, treatment, measurement or supplementation of a patient’s cardiovascular, circulatory or respiratory system or other organs, or any combination of those activities, and to ensure the safe management of the patient’s physiological functions by monitoring and analyzing the parameters of the patient’s systems or organs under the order and supervision of a physician.

      2.  The term includes, without limitation:

      (a) The use of extracorporeal circulation and any associated therapeutic and diagnostic technologies; and

      (b) The use of long-term cardiopulmonary support techniques.

      3.  As used in this section, “extracorporeal circulation” means the diversion of a patient’s blood through a heart-lung bypass machine or a similar device that assumes the functions of the patient’s heart, lungs, kidney, liver or other organs.

      Sec. 5.  “Perfusionist” means a person who is licensed to practice perfusion by the Board.

      Sec. 6.  “Temporarily licensed perfusionist” means a person temporarily licensed to practice perfusion by the Board pursuant to section 13 of this act.

      Sec. 7.  The Board shall adopt regulations regarding the licensure of perfusionists, including, without limitation:

      1.  The criteria for licensure as a perfusionist and the standards of professional conduct for holders of such a license;

      2.  The qualifications and fitness of applicants for licenses, renewal of licenses and reciprocal licenses;

      3.  The requirements for any practical, oral or written examination for a license that the Board may require pursuant to section 9 of this act, including, without limitation, the passing grade for such an examination;

      4.  The fees for examination and for reinstatement of expired licenses;

      5.  The requirements for continuing education for the renewal of a license;

      6.  A code of ethics for perfusionists; and

      7.  The procedures for the revocation, suspension or denial of a license for a violation of this chapter or the regulations of the Board.

      Sec. 8.  To be eligible for licensing by the Board as a perfusionist, an applicant must:

      1.  Be a natural person of good moral character;

      2.  Submit a completed application as required by the Board by the date established by the Board;

      3.  Submit any required fees by the date established by the Board;

      4.  Have successfully completed a perfusion education program approved by the Board, which must:

      (a) Have been approved by the Committee on Allied Health Education and Accreditation of the American Medical Association before June 1, 1994; or

      (b) Be a program that has educational standards that are at least as stringent as those established by the Accreditation Committee-Perfusion Education and approved by the Commission on Accreditation of Allied Health Education Programs of the American Medical Association, or its successor;

 


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

ê2009 Statutes of Nevada, Page 2944 (Chapter 494, SB 269)ê

 

      5.  Pass an examination required pursuant to section 9 of this act; and

      6.  Comply with any other requirements set by the Board.

      Sec. 9.  1.  The Board shall use the certification examinations given by the American Board of Cardiovascular Perfusion or its successor in determining the qualifications for granting a license to practice perfusion.

      2.  The Board shall notify each applicant of the results of the examination.

      3.  If a person who fails the examination makes a written request, the Board shall furnish the person with an analysis of his performance on the examination.

      Sec. 10.  The Board shall waive the examination required pursuant to section 9 of this act for an applicant who at the time of application:

      1.  Is licensed as a perfusionist in another state, territory or possession of the United States, if the requirements for licensure are substantially similar to those required by the Board; or

      2.  Holds a current certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion or its successor before October 1, 2009.

      Sec. 11.  1.  The Board shall issue a license as a perfusionist to each applicant who proves to the satisfaction of the Board that the applicant is qualified for licensure. The license authorizes the applicant to represent himself as a licensed perfusionist and to practice perfusion in this State subject to the conditions and limitations of this chapter.

      2.  Each licensed perfusionist shall:

      (a) Display his current license in a location which is accessible to the public;

      (b) Keep a copy of his current license on file at any health care facility where he provides services; and

      (c) Notify the Board of any change of address in accordance with NRS 630.254.

      3.  As used in this section, “health care facility” means a medical facility or facility for the dependent licensed pursuant to chapter 449 of NRS.

      Sec. 12.  1.  Each license issued pursuant to section 11 of this act expires on July 1 of every odd-numbered year and may be renewed if, before the license expires, the holder of the license submits to the Board:

      (a) A completed application for renewal on a form prescribed by the Board;

      (b) Proof of his completion of the requirements for continuing education prescribed by regulations adopted by the Board pursuant to section 7 of this act; and

      (c) The applicable fee for renewal of the license prescribed by the Board pursuant to section 8 of this act.

      2.  A license that expires pursuant to this section not more than 2 years before an application for renewal is made is automatically suspended and may be reinstated only if the applicant:

      (a) Complies with the provisions of subsection 1; and

      (b) Submits to the Board the fees:

            (1) For the reinstatement of an expired license, prescribed by regulations adopted by the Board pursuant to section 7 of this act; and

            (2) For each biennium that the license was expired, for the renewal of the license.

 


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

ê2009 Statutes of Nevada, Page 2945 (Chapter 494, SB 269)ê

 

      3.  If a license has been expired for more than 2 years, a person may not renew or reinstate the license but must apply for a new license and submit to the examination required pursuant to section 9 of this act.

      4.  The Board shall send a notice of renewal to each licensee not later than 60 days before his license expires. The notice must include the amount of the fee for renewal of the license.

      Sec. 13.  1.  The Board may issue a temporary license to practice perfusion in this State to a person who has not yet completed the examination required pursuant to section 9 of this act but who:

      (a) Has completed an approved perfusion education program;

      (b) Files an application; and

      (c) Pays the required fee.

      2.  A perfusionist shall supervise and direct a temporarily licensed perfusionist at all times during which the temporarily licensed perfusionist performs perfusion.

      3.  A temporary license is valid for 1 year after the date it is issued and may be extended subject to regulation by the Board. The application for renewal must be signed by a supervising licensed perfusionist.

      4.  If a temporarily licensed perfusionist fails any portion of the examination required pursuant to section 9 of this act, he shall immediately surrender the temporary license to the Board.

      Sec. 13.5.  1.  Except as otherwise provided in NRS 630.161, the Board may issue an authorized facility license to a person who intends to practice medicine in this State as a physician in an institution of the Department of Corrections under the direct supervision of a physician who holds an unrestricted license to practice medicine pursuant to this chapter or to practice osteopathic medicine pursuant to chapter 633 of NRS.

      2.  A person who applies for an authorized facility license pursuant to this section is not required to take or pass a written examination as to his qualifications to practice medicine pursuant to paragraph (e) of subsection 2 of NRS 630.160, but the person must meet all other conditions and requirements for an unrestricted license to practice medicine pursuant to this chapter.

      3.  If the Board issues an authorized facility license pursuant to this section, the person who holds the license may practice medicine in this State only as a physician in an institution of the Department of Corrections and only under the direct supervision of a physician who holds an unrestricted license to practice medicine pursuant to this chapter or to practice osteopathic medicine pursuant to chapter 633 of NRS.

      4.  If a person who holds an authorized facility license issued pursuant to this section ceases to practice medicine in this State as a physician in an institution of the Department of Corrections:

      (a) The Department shall notify the Board; and

      (b) Upon receipt of the notification, the authorized facility license expires automatically.

      5.  The Board may renew or modify an authorized facility license issued pursuant to this section, unless the license has expired automatically or has been revoked.

      6.  The provisions of this section do not limit the authority of the Board to issue a license to an applicant in accordance with any other provision of this chapter.

      Sec. 14.  If the holder of a license that is issued or renewed pursuant to this chapter is convicted of a felony for a violation of any federal or state law or regulation relating to the holder’s practice, the conviction operates as an immediate suspension of the license.

 


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

ê2009 Statutes of Nevada, Page 2946 (Chapter 494, SB 269)ê

 

law or regulation relating to the holder’s practice, the conviction operates as an immediate suspension of the license.

      Sec. 15.  NRS 630.003 is hereby amended to read as follows:

      630.003  1.  The Legislature finds and declares that:

      (a) It is among the responsibilities of State Government to ensure, as far as possible, that only competent persons practice medicine , perfusion and respiratory care within this State;

      (b) For the protection and benefit of the public, the Legislature delegates to the Board of Medical Examiners the power and duty to determine the initial and continuing competence of physicians, perfusionists, physician assistants and practitioners of respiratory care who are subject to the provisions of this chapter;

      (c) The Board must exercise its regulatory power to ensure that the interests of the medical profession do not outweigh the interests of the public;

      (d) The Board must ensure that unfit physicians, perfusionists, physician assistants and practitioners of respiratory care are removed from the medical profession so that they will not cause harm to the public; and

      (e) The Board must encourage and allow for public input into its regulatory activities to further improve the quality of medical practice within this State.

      2.  The powers conferred upon the Board by this chapter must be liberally construed to carry out these purposes for the protection and benefit of the public.

      Sec. 16.  NRS 630.005 is hereby amended to read as follows:

      630.005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 630.007 to 630.025, inclusive, and sections 4, 5 and 6 of this act have the meanings ascribed to them in those sections.

      Sec. 17.  NRS 630.020 is hereby amended to read as follows:

      630.020  “Practice of medicine” means:

      1.  To diagnose, treat, correct, prevent or prescribe for any human disease, ailment, injury, infirmity, deformity or other condition, physical or mental, by any means or instrumentality [.] , including, but not limited to, the performance of an autopsy.

      2.  To apply principles or techniques of medical science in the diagnosis or the prevention of any such conditions.

      3.  To perform any of the acts described in subsections 1 and 2 by using equipment that transfers information concerning the medical condition of the patient electronically, telephonically or by fiber optics.

      4.  To offer, undertake, attempt to do or hold oneself out as able to do any of the acts described in subsections 1 and 2.

      Sec. 18.  NRS 630.045 is hereby amended to read as follows:

      630.045  1.  The purpose of licensing physicians, physician assistants and practitioners of respiratory care is to protect the public health and safety and the general welfare of the people of this State.

      2.  Any license issued pursuant to this chapter is a revocable privilege . [, but the Board may revoke such a license only in accordance with the provisions of NRS 630.348.]

      Sec. 19.  NRS 630.045 is hereby amended to read as follows:

      630.045  1.  The purpose of licensing physicians, perfusionists, physician assistants and practitioners of respiratory care is to protect the public health and safety and the general welfare of the people of this State.

      2.  Any license issued pursuant to this chapter is a revocable privilege.

 


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

ê2009 Statutes of Nevada, Page 2947 (Chapter 494, SB 269)ê

 

      Sec. 20.  NRS 630.047 is hereby amended to read as follows:

      630.047  1.  This chapter does not apply to:

      (a) A medical officer or perfusionist or practitioner of respiratory care of the Armed Services or a medical officer or perfusionist or practitioner of respiratory care of any division or department of the United States in the discharge of his official duties;

      (b) Physicians who are called into this State, other than on a regular basis, for consultation with or assistance to a physician licensed in this State, and who are legally qualified to practice in the state where they reside;

      (c) Physicians who are legally qualified to practice in the state where they reside and come into this State on an irregular basis to:

            (1) Obtain medical training approved by the Board from a physician who is licensed in this State; or

            (2) Provide medical instruction or training approved by the Board to physicians licensed in this State;

      (d) 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;

      (e) The practice of respiratory care by a student as part of a program of study in respiratory care that is approved by the Board, or is recognized by a national organization which is approved by the Board to review such programs, if the student is enrolled in the program and provides respiratory care only under the supervision of a practitioner of respiratory care;

      (f) The practice of respiratory care by a student who:

            (1) Is enrolled in a clinical program of study in respiratory care which has been approved by the Board;

            (2) Is employed by a medical facility, as defined in NRS 449.0151; and

            (3) Provides respiratory care to patients who are not in a critical medical condition or, in an emergency, to patients who are in a critical medical condition and a practitioner of respiratory care is not immediately available to provide that care and the student is directed by a physician to provide respiratory care under his supervision until a practitioner of respiratory care is available;

      (g) The practice of respiratory care by a person on himself or gratuitous respiratory care provided to a friend or a member of a person’s family if the provider of the care does not represent himself as a practitioner of respiratory care;

      (h) A [cardiopulmonary perfusionist who is under the supervision of a surgeon or an anesthesiologist;

      (i) A] person who is employed by a physician and provides respiratory care or services as a perfusionist under the supervision of that physician;

      [(j)] (i) The maintenance of medical equipment for perfusion or respiratory care that is not attached to a patient; and

      [(k)] (j) A person who installs medical equipment for respiratory care that is used in the home and gives instructions regarding the use of that equipment if the person is trained to provide such services and is supervised by a provider of health care who is acting within the authorized scope of his practice.

      2.  This chapter does not repeal or affect any statute of Nevada regulating or affecting any other healing art.

      3.  This chapter does not prohibit:

      (a) Gratuitous services outside of a medical school or medical facility by a person who is not a physician, perfusionist, physician assistant or practitioner of respiratory care in cases of emergency.

 


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

ê2009 Statutes of Nevada, Page 2948 (Chapter 494, SB 269)ê

 

      (b) The domestic administration of family remedies.

      Sec. 21.  NRS 630.120 is hereby amended to read as follows:

      630.120  1.  The Board shall procure a seal.

      2.  All licenses issued to physicians, perfusionists, physician assistants and practitioners of respiratory care must bear the seal of the Board and the signatures of its President and Secretary-Treasurer.

      Sec. 22.  NRS 630.123 is hereby amended to read as follows:

      630.123  The Board shall operate on the basis of a fiscal year commencing on [July] January 1 and terminating on [June 30.] December 31.

      Sec. 23.  NRS 630.130 is hereby amended to read as follows:

      630.130  1.  In addition to the other powers and duties provided in this chapter, the Board shall, in the interest of the public, judiciously:

      (a) Enforce the provisions of this chapter;

      (b) Establish by regulation standards for licensure under this chapter;

      (c) Conduct examinations for licensure and establish a system of scoring for those examinations;

      (d) Investigate the character of each applicant for a license and issue licenses to those applicants who meet the qualifications set by this chapter and the Board; and

      (e) Institute a proceeding in any court to enforce its orders or the provisions of this chapter.

      2.  On or before February 15 of each odd-numbered year, the Board shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling:

      (a) Disciplinary action taken by the Board during the previous biennium against physicians for malpractice or negligence;

      (b) The number and types of remediation agreements approved by the Board pursuant to NRS 630.299;

      (c) Information reported to the Board during the previous biennium pursuant to NRS 630.3067, 630.3068, subsections [2] 3 and [3] 4 of NRS 630.307 and NRS 690B.250 and 690B.260; and

      [(c)] (d) Information reported to the Board during the previous biennium pursuant to NRS 630.30665, including, without limitation, the number and types of surgeries performed by each holder of a license to practice medicine and the occurrence of sentinel events arising from such surgeries, if any.

Ê The report must include only aggregate information for statistical purposes and exclude any identifying information related to a particular person.

      3.  On or before February 15 of each odd-numbered year, the Board shall submit to the Legislative Commission a written report compiling the information described in paragraphs (a) and (b) of subsection 2.

      4.  The Board may adopt such regulations as are necessary or desirable to enable it to carry out the provisions of this chapter.

      Sec. 23.5.  NRS 630.130 is hereby amended to read as follows:

      630.130  1.  In addition to the other powers and duties provided in this chapter, the Board shall, in the interest of the public, judiciously:

      (a) Enforce the provisions of this chapter;

      (b) Establish by regulation standards for licensure under this chapter;

      (c) Conduct examinations for licensure and establish a system of scoring for those examinations;

      (d) Investigate the character of each applicant for a license and issue licenses to those applicants who meet the qualifications set by this chapter and the Board; and

 


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

ê2009 Statutes of Nevada, Page 2949 (Chapter 494, SB 269)ê

 

      (e) Institute a proceeding in any court to enforce its orders or the provisions of this chapter.

      2.  On or before February 15 of each odd-numbered year, the Board shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling:

      (a) Disciplinary action taken by the Board during the previous biennium against physicians for malpractice or negligence;

      (b) [The number and types of remediation agreements approved by the Board pursuant to NRS 630.299;

      (c)] Information reported to the Board during the previous biennium pursuant to NRS 630.3067, 630.3068, subsections 3 and 4 of NRS 630.307 and NRS 690B.250 and 690B.260; and

      [(d)] (c) Information reported to the Board during the previous biennium pursuant to NRS 630.30665, including, without limitation, the number and types of surgeries performed by each holder of a license to practice medicine and the occurrence of sentinel events arising from such surgeries, if any.

Ê The report must include only aggregate information for statistical purposes and exclude any identifying information related to a particular person.

      3.  [On or before February 15 of each odd-numbered year, the Board shall submit to the Legislative Commission a written report compiling the information described in paragraphs (a) and (b) of subsection 2.

      4.]  The Board may adopt such regulations as are necessary or desirable to enable it to carry out the provisions of this chapter.

      Sec. 24.  NRS 630.137 is hereby amended to read as follows:

      630.137  1.  Notwithstanding any other provision of law and except as otherwise provided in this section, the Board shall not adopt any regulations that prohibit or have the effect of prohibiting a physician, perfusionist, physician assistant or practitioner of respiratory care from collaborating or consulting with another provider of health care.

      2.  The provisions of this section do not prevent the Board from adopting regulations that prohibit a physician, perfusionist, physician assistant or practitioner of respiratory care from aiding or abetting another person in the unlicensed practice of medicine or the unlicensed practice of perfusion or respiratory care.

      3.  As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 25.  NRS 630.140 is hereby amended to read as follows:

      630.140  1.  The Board may hold hearings and conduct investigations pertaining to its duties imposed under this chapter and take evidence on any such matter under inquiry before the Board. For the purposes of this chapter:

      (a) Any member of the Board or other person authorized by law may administer oaths; and

      (b) The Secretary-Treasurer or President of the Board or a hearing officer or the presiding member of a committee investigating a complaint , but not the Executive Director acting on his own behalf, may issue subpoenas to compel the attendance of witnesses and the production of books, X rays , [and] medical records and [other papers .] any other item within the scope of Rule 45 of the Nevada Rules of Civil Procedure. The Secretary-Treasurer, President or other officer of the Board acting on its behalf or the Executive Director must sign the subpoena.

 


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

ê2009 Statutes of Nevada, Page 2950 (Chapter 494, SB 269)ê

 

      2.  If any person fails to comply with the subpoena , [within 10 days after its issuance,] the Secretary-Treasurer , Executive Director or President of the Board may petition the district court for an order of the court compelling compliance with the subpoena.

      3.  Upon such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not complied with the subpoena. A certified copy of the order must be served upon the person subpoenaed.

      4.  If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order compelling compliance with the subpoena, and upon failure to obey the order the person shall be dealt with as for contempt of court.

      Sec. 26.  NRS 630.160 is hereby amended to read as follows:

      630.160  1.  Every person desiring to practice medicine must, before beginning to practice, procure from the Board a license authorizing him to practice.

      2.  Except as otherwise provided in NRS 630.1605, 630.161 and 630.258 to 630.265, inclusive, a license may be issued to any person who:

      (a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (b) Has received the degree of doctor of medicine from a medical school:

            (1) Approved by the Liaison Committee on Medical Education of the American Medical Association and Association of American Medical Colleges; or

            (2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee on Medical Education;

      (c) Is currently certified by a specialty board of the American Board of Medical Specialties and who agrees to maintain the certification for the duration of his licensure, or has passed:

            (1) All parts of the examination given by the National Board of Medical Examiners;

            (2) All parts of the Federation Licensing Examination;

            (3) All parts of the United States Medical Licensing Examination;

            (4) All parts of a licensing examination given by any state or territory of the United States, if the applicant is certified by a specialty board of the American Board of Medical Specialties;

            (5) All parts of the examination to become a licentiate of the Medical Council of Canada; or

            (6) Any combination of the examinations specified in subparagraphs (1), (2) and (3) that the Board determines to be sufficient;

      (d) Is currently certified by a specialty board of the American Board of Medical Specialties in the specialty of emergency medicine, preventive medicine or family practice and who agrees to maintain certification in at least one of these specialties for the duration of his licensure, or:

            (1) Has completed 36 months of progressive postgraduate:

                  (I) Education as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education or the Coordinating Council of Medical Education of the Canadian Medical Association; or

 


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

ê2009 Statutes of Nevada, Page 2951 (Chapter 494, SB 269)ê

 

                  (II) Fellowship training in the United States or Canada approved by the Board or the Accreditation Council for Graduate Medical Education; or

            (2) Has completed at least 36 months of postgraduate education, not less than 24 months of which must have been completed as a resident after receiving a medical degree from a combined dental and medical degree program approved by the Board; and

      (e) Passes a written or oral examination, or both, as to his qualifications to practice medicine and provides the Board with a description of the clinical program completed demonstrating that the applicant’s clinical training met the requirements of paragraph (b).

      3.  The Board may issue a license to practice medicine after the Board verifies, through any readily available source, that the applicant has complied with the provisions of subsection 2. The verification may include, but is not limited to, using the Federation Credentials Verification Service. If any information is verified by a source other than the primary source of the information, the Board may require subsequent verification of the information by the primary source of the information.

      4.  Notwithstanding any provision of this chapter to the contrary, if after issuing a license to practice medicine the Board obtains information from a primary or other source of information and that information differs from the information provided by the applicant or otherwise received by the Board, the Board may:

      (a) Temporarily suspend the license;

      (b) Promptly review the differing information with the Board as a whole or in a committee appointed by the Board;

      (c) Declare the license void if the Board or a committee appointed by the Board determines that the information submitted by the applicant was false, fraudulent or intended to deceive the Board;

      (d) Refer the applicant to the Attorney General for possible criminal prosecution pursuant to NRS 630.400; or

      (e) If the Board temporarily suspends the license, allow the license to return to active status subject to any terms and conditions specified by the Board, including:

            (1) Placing the licensee on probation for a specified period with specified conditions;

            (2) Administering a public reprimand;

            (3) Limiting the practice of the licensee;

            (4) Suspending the license for a specified period or until further order of the Board;

            (5) Requiring the licensee to participate in a program to correct alcohol or drug dependence or any other impairment;

            (6) Requiring supervision of the practice of the licensee;

            (7) Imposing an administrative fine not to exceed $5,000;

            (8) Requiring the licensee to perform community service without compensation;

            (9) Requiring the licensee to take a physical or mental examination or an examination testing his competence to practice medicine;

            (10) Requiring the licensee to complete any training or educational requirements specified by the Board; and

 


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

ê2009 Statutes of Nevada, Page 2952 (Chapter 494, SB 269)ê

 

            (11) Requiring the licensee to submit a corrected application, including the payment of all appropriate fees and costs incident to submitting an application.

      5.  If the Board determines after reviewing the differing information to allow the license to remain in active status, the action of the Board is not a disciplinary action and must not be reported to any national database. If the Board determines after reviewing the differing information to declare the license void, its action shall be deemed a disciplinary action and shall be reportable to national databases.

      Sec. 27.  NRS 630.1605 is hereby amended to read as follows:

      630.1605  1.  Except as otherwise provided in NRS 630.161, the Board may issue a license by endorsement to practice medicine to an applicant who has been issued a license to practice medicine by the District of Columbia or any state or territory of the United States if:

      [1.] (a) At the time the applicant files his application with the Board, the license is in effect;

      [2.] (b) The applicant:

      [(a)] (1) Submits to the Board proof of passage of an examination approved by the Board;

      [(b)] (2) Submits to the Board any documentation and other proof of qualifications required by the Board;

      [(c)] (3) Meets all of the statutory requirements for licensure to practice medicine in effect at the time of application except for the requirements set forth in NRS 630.160; and

      [(d)] (4) Completes any additional requirements relating to the fitness of the applicant to practice required by the Board; and

      [3.] (c) Any documentation and other proof of qualifications required by the Board is authenticated in a manner approved by the Board.

      2.  A license by endorsement to practice medicine may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 28.  NRS 630.167 is hereby amended to read as follows:

      630.167  In addition to any other requirements set forth in this chapter, each applicant for a license to practice medicine , to practice as a physician assistant or to practice respiratory care shall submit to the Board a complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. Any fees or costs charged by the Board for this service pursuant to NRS 630.268 are not refundable.

      Sec. 29.  NRS 630.167 is hereby amended to read as follows:

      630.167  In addition to any other requirements set forth in this chapter, each applicant for a license to practice medicine, to practice as a perfusionist, to practice as a physician assistant or to practice respiratory care shall submit to the Board a complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. Any fees or costs charged by the Board for this service pursuant to NRS 630.268 are not refundable.

 


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

ê2009 Statutes of Nevada, Page 2953 (Chapter 494, SB 269)ê

 

      Sec. 30.  NRS 630.170 is hereby amended to read as follows:

      630.170  In addition to the other requirements for licensure, an applicant for a license to practice medicine who is a graduate of a medical school located in the United States or Canada shall submit to the Board proof that he has received the degree of doctor of medicine from a medical school which, at the time of graduation, was accredited by the Liaison Committee on Medical Education or the Committee for the Accreditation of Canadian Medical Schools. The proof of the degree of doctor of medicine must be submitted directly to the Board by the medical school that granted the degree. If proof of the degree is unavailable from the medical school, the Board may accept proof from any other source specified by the Board.

      Sec. 31.  NRS 630.173 is hereby amended to read as follows:

      630.173  1.  In addition to the other requirements for licensure, an applicant for a license to practice medicine shall submit to the Board information describing:

      (a) Any claims made against the applicant for malpractice, whether or not a civil action was filed concerning the claim;

      (b) Any complaints filed against the applicant with a licensing board of another state and any disciplinary action taken against the applicant by a licensing board of another state; and

      (c) Any complaints filed against the applicant with a hospital, clinic or medical facility or any disciplinary action taken against the applicant by a hospital, clinic or medical facility.

      2.  The Board may consider any information specified in subsection 1 that is more than 10 years old if the Board receives the information from the applicant or any other source from which the Board is verifying the information provided by the applicant.

      3.  The Board may refuse to consider any information specified in subsection 1 that is more than 10 years old if the Board determines that the claim or complaint is remote or isolated and that obtaining or attempting to obtain a record relating to the information will unreasonably delay the consideration of the application.

      4.  The Board shall not issue a license to the applicant until it has received all the information required by this section.

      Sec. 32.  NRS 630.195 is hereby amended to read as follows:

      630.195  1.  In addition to the other requirements for licensure, an applicant for a license to practice medicine who is a graduate of a foreign medical school shall submit to the Board proof that he has received:

      [1.] (a) The degree of doctor of medicine or its equivalent, as determined by the Board; and

      [2.] (b) The standard certificate of the Educational Commission for Foreign Medical Graduates or a written statement from that Commission that he passed the examination given by [it.] the Commission.

      2.  The proof of the degree of doctor of medicine or its equivalent must be submitted directly to the Board by the medical school that granted the degree. If proof of the degree is unavailable from the medical school that granted the degree, the Board may accept proof from any other source specified by the Board.

      Sec. 33.  NRS 630.197 is hereby amended to read as follows:

      630.197  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license to practice medicine, to practice as a perfusionist, to practice as a physician assistant or to practice as a practitioner of respiratory care shall include the social security number of the applicant in the application submitted to the Board.

 


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

ê2009 Statutes of Nevada, Page 2954 (Chapter 494, SB 269)ê

 

as a practitioner of respiratory care shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license to practice medicine, to practice as a perfusionist, to practice as a physician assistant or to practice as a practitioner of respiratory care shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Board shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Board.

      3.  A license to practice medicine, to practice as a perfusionist, to practice as a physician assistant or to practice as a practitioner of respiratory care may not be issued or renewed by the Board if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that he 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 he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 34.  NRS 630.197 is hereby amended to read as follows:

      630.197  1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license to practice medicine, to practice as a perfusionist, to practice as a physician assistant or to practice as a practitioner of respiratory care shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Board shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Board.

      3.  A license to practice medicine, to practice as a perfusionist, to practice as a physician assistant or to practice as a practitioner of respiratory care may not be issued or renewed by the Board if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that he 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.

 


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

ê2009 Statutes of Nevada, Page 2955 (Chapter 494, SB 269)ê

 

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 35.  NRS 630.200 is hereby amended to read as follows:

      630.200  1.  The Board may deny an application for a license to practice medicine for any violation of the provisions of this chapter or regulations of the Board.

      2.  The Board shall notify an applicant of any deficiency which prevents any further action on the application or results in the denial of the application. The applicant may respond in writing to the Board concerning any deficiency and, if he does so, the Board shall respond in writing to the contentions of the applicant.

      3.  Any unsuccessful applicant may appeal to the [district court to review the action of the] Board [,] if he files his appeal within 90 days [from] after the date of the rejection of his application by the Board. Upon appeal , the applicant has the burden to show that the action of the Board is erroneous . [or unlawful.]

      Sec. 36.  NRS 630.258 is hereby amended to read as follows:

      630.258  1.  A physician who is retired from active practice and who [wishes] :

      (a) Wishes to donate his expertise for the medical care and treatment of persons in this State who are indigent, uninsured or unable to afford health care ; or

      (b) Wishes to provide services for any disaster relief operations conducted by a governmental entity or nonprofit organization,

Ê may obtain a special volunteer medical license by submitting an application to the Board pursuant to this section.

      2.  An application for a special volunteer medical license must be on a form provided by the Board and must include:

      (a) Documentation of the history of medical practice of the physician;

      (b) Proof that the physician previously has been issued an unrestricted license to practice medicine in any state of the United States and that he has never been the subject of disciplinary action by a medical board in any jurisdiction;

      (c) Proof that the physician satisfies the requirements for licensure set forth in NRS 630.160 or the requirements for licensure by endorsement set forth in NRS 630.1605;

      (d) Acknowledgment that the practice of the physician under the special volunteer medical license will be exclusively devoted to providing medical care [to] :

            (1) To persons in this State who are indigent, uninsured or unable to afford health care; or

            (2) As part of any disaster relief operations conducted by a governmental entity or nonprofit organization; and

      (e) Acknowledgment that the physician will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for providing medical care under the special volunteer medical license, except for payment by a medical facility at which the physician provides volunteer medical services of the expenses of the physician for necessary travel, continuing education, malpractice insurance or fees of the State Board of Pharmacy.

 


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

ê2009 Statutes of Nevada, Page 2956 (Chapter 494, SB 269)ê

 

the physician provides volunteer medical services of the expenses of the physician for necessary travel, continuing education, malpractice insurance or fees of the State Board of Pharmacy.

      3.  If the Board finds that the application of a physician satisfies the requirements of subsection 2 and that the retired physician is competent to practice medicine, the Board shall issue a special volunteer medical license to the physician.

      4.  The initial special volunteer medical license issued pursuant to this section expires 1 year after the date of issuance. The license may be renewed pursuant to this section, and any license that is renewed expires 2 years after the date of issuance.

      5.  The Board shall not charge a fee for:

      (a) The review of an application for a special volunteer medical license; or

      (b) The issuance or renewal of a special volunteer medical license pursuant to this section.

      6.  A physician who is issued a special volunteer medical license pursuant to this section and who accepts the privilege of practicing medicine in this State pursuant to the provisions of the special volunteer medical license is subject to all the provisions governing disciplinary action set forth in this chapter.

      7.  A physician who is issued a special volunteer medical license pursuant to this section shall comply with the requirements for continuing education adopted by the Board.

      Sec. 37.  NRS 630.261 is hereby amended to read as follows:

      630.261  1.  Except as otherwise provided in NRS 630.161, the Board may issue:

      (a) A locum tenens license, to be effective not more than 3 months after issuance, to any physician who is licensed and in good standing in another state, who meets the requirements for licensure in this State and who is of good moral character and reputation. The purpose of this license is to enable an eligible physician to serve as a substitute for another physician who is licensed to practice medicine in this State and who is absent from his practice for reasons deemed sufficient by the Board. A license issued pursuant to the provisions of this paragraph is not renewable.

      (b) A special license to a licensed physician of another state to come into this State to care for or assist in the treatment of his own patient in association with a physician licensed in this State. A special license issued pursuant to the provisions of this paragraph is limited to the care of a specific patient. The physician licensed in this State has the primary responsibility for the care of that patient.

      (c) A restricted license for a specified period if the Board determines the applicant needs supervision or restriction.

      (d) A temporary license for a specified period if the physician is licensed and in good standing in another state and meets the requirements for licensure in this State, and if the Board determines that it is necessary in order to provide medical services for a community without adequate medical care. A temporary license issued pursuant to the provisions of this paragraph is not renewable.

      (e) A special purpose license to a physician who is licensed in another state to permit the use of equipment that transfers information concerning the medical condition of a patient in this State across state lines electronically, telephonically or by fiber optics .

 


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

ê2009 Statutes of Nevada, Page 2957 (Chapter 494, SB 269)ê

 

medical condition of a patient in this State across state lines electronically, telephonically or by fiber optics . [if the physician:

            (1) Holds a full and unrestricted license to practice medicine in that state;

            (2) Has not had any disciplinary or other action taken against him by any state or other jurisdiction; and

            (3) Meets the requirements set forth in paragraph (d) of subsection 2 of NRS 630.160.]

      2.  For the purpose of paragraph (e) of subsection 1, the physician must:

      (a) Hold a full and unrestricted license to practice medicine in another state;

      (b) Not have had any disciplinary or other action taken against him by any state or other jurisdiction; and

      (c) Be certified by a specialty board of the American Board of Medical Specialties or its successor.

      3.  Except as otherwise provided in this section, the Board may renew or modify any license issued pursuant to subsection 1.

      Sec. 38.  NRS 630.262 is hereby amended to read as follows:

      630.262  1.  Except as otherwise provided in NRS 630.161, the Board may issue [a restricted] an authorized facility license to a person who intends to practice medicine in this State as a psychiatrist in a mental health center of the Division under the direct supervision of a psychiatrist who holds an unrestricted license to practice medicine pursuant to this chapter [.] or to practice osteopathic medicine pursuant to chapter 633 of NRS.

      2.  A person who applies for [a restricted] an authorized facility license pursuant to this section is not required to take or pass a written examination as to his qualifications to practice medicine pursuant to paragraph (e) of subsection 2 of NRS 630.160, but the person must meet all other conditions and requirements for an unrestricted license to practice medicine pursuant to this chapter.

      3.  If the Board issues [a restricted] an authorized facility license pursuant to this section, the person who holds the [restricted] license may practice medicine in this State only as a psychiatrist in a mental health center of the Division and only under the direct supervision of a psychiatrist who holds an unrestricted license to practice medicine pursuant to this chapter [.] or to practice osteopathic medicine pursuant to chapter 633 of NRS.

      4.  If a person who holds [a restricted] an authorized facility license issued pursuant to this section ceases to practice medicine in this State as a psychiatrist in a mental health center of the Division:

      (a) The Division shall notify the Board; and

      (b) Upon receipt of [such] the notification, the [restricted] authorized facility license expires automatically.

      5.  The Board may renew or modify [a restricted] an authorized facility license issued pursuant to this section, unless the [restricted] license has expired automatically or has been revoked.

      6.  The provisions of this section do not limit the authority of the Board to issue a [restricted] license to an applicant in accordance with any other provision of this chapter.

      7.  As used in this section:

      (a) “Division” means the Division of Mental Health and Developmental Services of the Department of Health and Human Services.

      (b) “Mental health center” has the meaning ascribed to it in NRS 433.144.

 


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

ê2009 Statutes of Nevada, Page 2958 (Chapter 494, SB 269)ê

 

      Sec. 38.5.  NRS 630.268 is hereby amended to read as follows:

      630.268  1.  The Board shall charge and collect not more than the following fees:

 

For application for and issuance of a license to practice as a physician, including a license by endorsement........................................................... $600

For application for and issuance of a temporary, locum tenens, limited, restricted, authorized facility, special or special purpose license......... 400

For renewal of a limited, restricted , authorized facility or special license   400

For application for and issuance of a license as a physician assistant      400

For biennial registration of a physician assistant........................ 800

For biennial registration of a physician......................................... 800

For application for and issuance of a license as a practitioner of respiratory care   400

For biennial registration of a practitioner of respiratory care... 600

For biennial registration for a physician who is on inactive status 400

For written verification of licensure................................................ 50

For a duplicate identification card................................................... 25

For a duplicate license........................................................................ 50

For computer printouts or labels.................................................... 500

For verification of a listing of physicians, per hour...................... 20

For furnishing a list of new physicians.......................................... 100

 

      2.  In addition to the fees prescribed in subsection 1, the Board shall charge and collect necessary and reasonable fees for the expedited processing of a request or for any other incidental service the Board provides.

      3.  The cost of any special meeting called at the request of a licensee, an institution, an organization, a state agency or an applicant for licensure must be paid for by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting it has paid a cash deposit with the Board sufficient to defray all expenses of the meeting.

      Sec. 39.  NRS 630.268 is hereby amended to read as follows:

      630.268  1.  The Board shall charge and collect not more than the following fees:

 

For application for and issuance of a license to practice as a physician, including a license by endorsement........................................................... $600

For application for and issuance of a temporary, locum tenens, limited, restricted, authorized facility, special or special purpose license......... 400

For renewal of a limited, restricted, authorized facility or special license     400

For application for and issuance of a license as a physician assistant      400

For biennial registration of a physician assistant........................ 800

 


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

ê2009 Statutes of Nevada, Page 2959 (Chapter 494, SB 269)ê

 

For biennial registration of a physician...................................... $800

For application for and issuance of a license as a perfusionist or practitioner of respiratory care........................................................................... 400

For biennial renewal of a license as a perfusionist................... 600

For biennial registration of a practitioner of respiratory care... 600

For biennial registration for a physician who is on inactive status 400

For written verification of licensure................................................ 50

For a duplicate identification card................................................... 25

For a duplicate license........................................................................ 50

For computer printouts or labels.................................................... 500

For verification of a listing of physicians, per hour...................... 20

For furnishing a list of new physicians.......................................... 100

 

      2.  In addition to the fees prescribed in subsection 1, the Board shall charge and collect necessary and reasonable fees for the expedited processing of a request or for any other incidental service the Board provides.

      3.  The cost of any special meeting called at the request of a licensee, an institution, an organization, a state agency or an applicant for licensure must be paid for by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting it has paid a cash deposit with the Board sufficient to defray all expenses of the meeting.

      Sec. 40.  NRS 630.277 is hereby amended to read as follows:

      630.277  1.  Every person who wishes to practice respiratory care in this State must:

      (a) Have a high school diploma or general equivalency diploma;

      (b) Complete an educational program for respiratory care which has been approved by the [National Board] Commission on Accreditation of Allied Health Education Programs or its successor organization or the Committee on Accreditation for Respiratory Care or its successor organization;

      (c) Pass the examination as an entry-level or advanced practitioner of respiratory care administered by the [National Board] Commission on Accreditation of Allied Health Education Programs or its successor organization or the Committee on Accreditation for Respiratory Care or its successor organization;

      (d) Be certified by the [National Board] Commission on Accreditation of Allied Health Education Programs or its successor organization or the Committee on Accreditation for Respiratory Care or its successor organization; and

      (e) Be licensed to practice respiratory care by the Board and have paid the required fee for licensure.

      2.  Except as otherwise provided in subsection 3, a person shall not:

      (a) Practice respiratory care; or

      (b) Hold himself out as qualified to practice respiratory care,

Ê in this State without complying with the provisions of subsection 1.

      3.  Any person who has completed the educational requirements set forth in paragraphs (a) and (b) of subsection 1 may practice respiratory care pursuant to a program of practical training as an intern in respiratory care for not more than 12 months after completing those educational requirements.

 


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

ê2009 Statutes of Nevada, Page 2960 (Chapter 494, SB 269)ê

 

      Sec. 41.  NRS 630.299 is hereby amended to read as follows:

      630.299  1.  If the Board has reason to believe that a person has violated [,] or is violating [or is about to violate] any provision of this chapter, the Board or any investigative committee of the Board may issue to the person a letter of warning, a letter of concern or a nonpunitive admonishment at any time before the Board has initiated any disciplinary proceedings against the person.

      2.  The issuance of such a letter or admonishment:

      (a) Does not preclude the Board from initiating any disciplinary proceedings against the person or taking any disciplinary action against the person based on any conduct alleged or described in the letter or admonishment or any other conduct; and

      (b) Does not constitute a final decision of the Board and is not subject to judicial review.

      3.  In addition to any action taken pursuant to subsection 1, if the Board has reason to believe that a person has violated or is violating any provision of this chapter, the Board or any investigative committee of the Board may negotiate a remediation agreement with the person. The remediation agreement must include, for each violation, a statement specifying each provision of this chapter or regulation adopted pursuant to this chapter that the Board has reason to believe that the person has violated or is violating. The remediation agreement must also set forth the terms and conditions specified by the Board or an investigative committee, including, without limitation, provisions that:

      (a) Address each violation of this chapter that is at issue; and

      (b) Remediate or improve the practice of the person relating to those violations.

      4.  A remediation agreement, if approved by an investigative committee of the Board, must be presented to the Board for approval. Any remediation agreement presented to the Board pursuant to this subsection is a public record. The Board shall ensure that all identifying information regarding each person who is subject to the remediation agreement is removed. The remediation agreement becomes effective immediately upon approval of the remediation agreement by the Board. If the Board does not approve the remediation agreement, the Board shall refer the matter to the investigative committee that presented the remediation agreement to the Board. The investigative committee may further proceed with the matter as it deems appropriate.

      5.  A remediation agreement entered into pursuant to this section does not constitute disciplinary action against any person who is subject to the remediation agreement and is not reportable to any national database. If the person violates a provision of the remediation agreement, the Board or the investigative committee of the Board with whom the remediation agreement was negotiated may take any action it deems appropriate, including, without limitation, initiating disciplinary proceedings against the person.

      6.  The Board shall adopt regulations to carry out the provisions of this section.

      Sec. 41.5.  NRS 630.299 is hereby amended to read as follows:

      630.299  1.  If the Board has reason to believe that a person has violated or is violating any provision of this chapter, the Board or any investigative committee of the Board may issue to the person a letter of warning, a letter of concern or a nonpunitive admonishment at any time before the Board has initiated any disciplinary proceedings against the person.

 


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

ê2009 Statutes of Nevada, Page 2961 (Chapter 494, SB 269)ê

 

concern or a nonpunitive admonishment at any time before the Board has initiated any disciplinary proceedings against the person.

      2.  The issuance of such a letter or admonishment:

      (a) Does not preclude the Board from initiating any disciplinary proceedings against the person or taking any disciplinary action against the person based on any conduct alleged or described in the letter or admonishment or any other conduct; and

      (b) Does not constitute a final decision of the Board and is not subject to judicial review.

      [3.  In addition to any action taken pursuant to subsection 1, if the Board has reason to believe that a person has violated or is violating any provision of this chapter, the Board or any investigative committee of the Board may negotiate a remediation agreement with the person. The remediation agreement must include, for each violation, a statement specifying each provision of this chapter or regulation adopted pursuant to this chapter that the Board has reason to believe that the person has violated or is violating. The remediation agreement must also set forth the terms and conditions specified by the Board or an investigative committee, including, without limitation, provisions that:

      (a) Address each violation of this chapter that is at issue; and

      (b) Remediate or improve the practice of the person relating to those violations.

      4.  A remediation agreement, if approved by an investigative committee of the Board, must be presented to the Board for approval. Any remediation agreement presented to the Board pursuant to this subsection is a public record. The Board shall ensure that all identifying information regarding each person who is subject to the remediation agreement is removed. The remediation agreement becomes effective immediately upon approval of the remediation agreement by the Board. If the Board does not approve the remediation agreement, the Board shall refer the matter to the investigative committee that presented the remediation agreement to the Board. The investigative committee may further proceed with the matter as it deems appropriate.

      5.  A remediation agreement entered into pursuant to this section does not constitute disciplinary action against any person who is subject to the remediation agreement and is not reportable to any national database. If the person violates a provision of the remediation agreement, the Board or the investigative committee of the Board with whom the remediation agreement was negotiated may take any action it deems appropriate, including, without limitation, initiating disciplinary proceedings against the person.

      6.  The Board shall adopt regulations to carry out the provisions of this section.]

      Sec. 42.  NRS 630.306 is hereby amended to read as follows:

      630.306  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      1.  Inability to practice medicine with reasonable skill and safety because of illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other substance.

      2.  Engaging in any conduct:

      (a) Which is intended to deceive;

      (b) Which the Board has determined is a violation of the standards of practice established by regulation of the Board; or

 


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

ê2009 Statutes of Nevada, Page 2962 (Chapter 494, SB 269)ê

 

      (c) Which is in violation of a regulation adopted by the State Board of Pharmacy.

      3.  Administering, dispensing or prescribing any controlled substance, or any dangerous drug as defined in chapter 454 of NRS, to or for himself or to others except as authorized by law.

      4.  Performing, assisting or advising the injection of any substance containing liquid silicone into the human body, except for the use of silicone oil to repair a retinal detachment.

      5.  Practicing or offering to practice beyond the scope permitted by law or performing services which the licensee knows or has reason to know that he is not competent to perform [.] or which are beyond the scope of his training.

      6.  Performing, without first obtaining the informed consent of the patient or his family, any procedure or prescribing any therapy which by the current standards of the practice of medicine is experimental.

      7.  Continual failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing practicing in the same specialty or field.

      8.  Making or filing a report which the licensee or applicant knows to be false or failing to file a record or report as required by law or regulation.

      9.  Failing to comply with the requirements of NRS 630.254.

      10.  Habitual intoxication from alcohol or dependency on controlled substances.

      11.  Failure by a licensee or applicant to report in writing, within 30 days, any disciplinary action taken against him by another state, the Federal Government or a foreign country, including, without limitation, the revocation, suspension or surrender of his license to practice medicine in another jurisdiction.

      12.  Failure to be found competent to practice medicine as a result of an examination to determine medical competency pursuant to NRS 630.318.

      13.  Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against him, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.

      14.  Engaging in any act that is unsafe or unprofessional conduct in accordance with regulations adopted by the Board.

      15.  Violating a provision of a remediation agreement approved by the Board pursuant to NRS 630.299.

      Sec. 42.5.  NRS 630.306 is hereby amended to read as follows:

      630.306  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      1.  Inability to practice medicine with reasonable skill and safety because of illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other substance.

      2.  Engaging in any conduct:

      (a) Which is intended to deceive;

      (b) Which the Board has determined is a violation of the standards of practice established by regulation of the Board; or

      (c) Which is in violation of a regulation adopted by the State Board of Pharmacy.

 


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

ê2009 Statutes of Nevada, Page 2963 (Chapter 494, SB 269)ê

 

      3.  Administering, dispensing or prescribing any controlled substance, or any dangerous drug as defined in chapter 454 of NRS, to or for himself or to others except as authorized by law.

      4.  Performing, assisting or advising the injection of any substance containing liquid silicone into the human body, except for the use of silicone oil to repair a retinal detachment.

      5.  Practicing or offering to practice beyond the scope permitted by law or performing services which the licensee knows or has reason to know that he is not competent to perform or which are beyond the scope of his training.

      6.  Performing, without first obtaining the informed consent of the patient or his family, any procedure or prescribing any therapy which by the current standards of the practice of medicine is experimental.

      7.  Continual failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing practicing in the same specialty or field.

      8.  Making or filing a report which the licensee or applicant knows to be false or failing to file a record or report as required by law or regulation.

      9.  Failing to comply with the requirements of NRS 630.254.

      10.  Habitual intoxication from alcohol or dependency on controlled substances.

      11.  Failure by a licensee or applicant to report in writing, within 30 days, any disciplinary action taken against him by another state, the Federal Government or a foreign country, including, without limitation, the revocation, suspension or surrender of his license to practice medicine in another jurisdiction.

      12.  Failure to be found competent to practice medicine as a result of an examination to determine medical competency pursuant to NRS 630.318.

      13.  Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against him, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.

      14.  Engaging in any act that is unsafe or unprofessional conduct in accordance with regulations adopted by the Board.

      [15.  Violating a provision of a remediation agreement approved by the Board pursuant to NRS 630.299.]

      Sec. 43.  NRS 630.3062 is hereby amended to read as follows:

      630.3062  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      1.  Failure to maintain timely, legible, accurate and complete medical records relating to the diagnosis, treatment and care of a patient.

      2.  Altering medical records of a patient.

      3.  Making or filing a report which the licensee knows to be false, failing to file a record or report as required by law or willfully obstructing or inducing another to obstruct such filing.

      4.  Failure to make the medical records of a patient available for inspection and copying as provided in NRS 629.061.

      5.  Failure to comply with the requirements of NRS 630.3068.

      6.  Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the Board [.] within 30 days after the date the licensee knows or has reason to know of the violation.

 


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

ê2009 Statutes of Nevada, Page 2964 (Chapter 494, SB 269)ê

 

      Sec. 44.  NRS 630.307 is hereby amended to read as follows:

      630.307  1.  Except as otherwise provided in subsection 2, any person may file with the Board a complaint against a physician, physician assistant or practitioner of respiratory care on a form provided by the Board. The form may be submitted in writing or electronically. If a complaint is submitted anonymously, the Board may accept the complaint but may refuse to consider the complaint if the lack of the identity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      2.  Any [person,] licensee, medical school or medical facility that becomes aware that a person practicing medicine or respiratory care in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the Board within 30 days after becoming aware of the conduct.

      [2.] 3.  Any hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board any change in [a physician’s] the privileges of a physician, physician assistant or practitioner of respiratory care to practice [medicine] while the physician , physician assistant or practitioner of respiratory care is under investigation and the outcome of any disciplinary action taken by that facility or society against the physician , physician assistant or practitioner of respiratory care concerning the care of a patient or the competency of the physician , physician assistant or practitioner of respiratory care within 30 days after the change in privileges is made or disciplinary action is taken. The Board shall report any failure to comply with this subsection by a hospital, clinic or other medical facility licensed in this State to the Health Division of the Department of Health and Human Services. If, after a hearing, the Health Division determines that any such facility or society failed to comply with the requirements of this subsection, the Division may impose an administrative fine of not more than $10,000 against the facility or society for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.

      [3.] 4.  The clerk of every court shall report to the Board any finding, judgment or other determination of the court that a physician, physician assistant or practitioner of respiratory care:

      (a) Is mentally ill;

      (b) Is mentally incompetent;

      (c) Has been convicted of a felony or any law governing controlled substances or dangerous drugs;

      (d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or

      (e) Is liable for damages for malpractice or negligence,

Ê within 45 days after such a finding, judgment or determination is made.

      [4.] 5.  On or before January 15 of each year, the clerk of each court shall submit to the Office of Court Administrator created pursuant to NRS 1.320 a written report compiling the information that the clerk reported during the previous year to the Board regarding physicians pursuant to paragraph (e) of subsection [3.] 4.

      Sec. 45.  NRS 630.307 is hereby amended to read as follows:

      630.307  1.  Except as otherwise provided in subsection 2, any person may file with the Board a complaint against a physician, perfusionist, physician assistant or practitioner of respiratory care on a form provided by the Board.

 


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

ê2009 Statutes of Nevada, Page 2965 (Chapter 494, SB 269)ê

 

physician assistant or practitioner of respiratory care on a form provided by the Board. The form may be submitted in writing or electronically. If a complaint is submitted anonymously, the Board may accept the complaint but may refuse to consider the complaint if the lack of the identity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      2.  Any licensee, medical school or medical facility that becomes aware that a person practicing medicine , perfusion or respiratory care in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the Board within 30 days after becoming aware of the conduct.

      3.  Any hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board any change in the privileges of a physician, perfusionist, physician assistant or practitioner of respiratory care to practice while the physician, perfusionist, physician assistant or practitioner of respiratory care is under investigation and the outcome of any disciplinary action taken by that facility or society against the physician, perfusionist, physician assistant or practitioner of respiratory care concerning the care of a patient or the competency of the physician, perfusionist, physician assistant or practitioner of respiratory care within 30 days after the change in privileges is made or disciplinary action is taken. The Board shall report any failure to comply with this subsection by a hospital, clinic or other medical facility licensed in this State to the Health Division of the Department of Health and Human Services. If, after a hearing, the Health Division determines that any such facility or society failed to comply with the requirements of this subsection, the Division may impose an administrative fine of not more than $10,000 against the facility or society for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.

      4.  The clerk of every court shall report to the Board any finding, judgment or other determination of the court that a physician, perfusionist, physician assistant or practitioner of respiratory care:

      (a) Is mentally ill;

      (b) Is mentally incompetent;

      (c) Has been convicted of a felony or any law governing controlled substances or dangerous drugs;

      (d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or

      (e) Is liable for damages for malpractice or negligence,

Ê within 45 days after such a finding, judgment or determination is made.

      5.  On or before January 15 of each year, the clerk of each court shall submit to the Office of Court Administrator created pursuant to NRS 1.320 a written report compiling the information that the clerk reported during the previous year to the Board regarding physicians pursuant to paragraph (e) of subsection 4.

      Sec. 46.  NRS 630.309 is hereby amended to read as follows:

      630.309  To institute a disciplinary action against a perfusionist, physician assistant or practitioner of respiratory care, a written complaint, specifying the charges, must be filed with the Board by:

      1.  The Board or a committee designated by the Board to investigate a complaint;

 


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

ê2009 Statutes of Nevada, Page 2966 (Chapter 494, SB 269)ê

 

      2.  Any member of the Board; or

      3.  Any other person who is aware of any act or circumstance constituting a ground for disciplinary action set forth in the regulations adopted by the Board.

      Sec. 47.  NRS 630.311 is hereby amended to read as follows:

      630.311  1.  A committee designated by the Board and consisting of members of the Board shall review each complaint and conduct an investigation to determine if there is a reasonable basis for the complaint. The committee must be composed of at least three members of the Board, at least one of whom is [qualified pursuant to subsection 2 of NRS 630.060.] not a physician. The committee may issue orders to aid its investigation including, but not limited to, compelling a physician to appear before the committee.

      2.  If, after conducting an investigation, the committee determines that there is a reasonable basis for the complaint and that a violation of any provision of this chapter has occurred, the committee may file a formal complaint with the Board.

      3.  The proceedings of the committee are confidential and are not subject to the requirements of NRS 241.020. Within 20 days after the conclusion of each meeting of the committee, the Board shall publish a summary setting forth the proceedings and determinations of the committee. The summary must not identify any person involved in the complaint that is the subject of the proceedings.

      Sec. 48.  NRS 630.318 is hereby amended to read as follows:

      630.318  1.  If the Board or any investigative committee of the Board has reason to believe that the conduct of any physician has raised a reasonable question as to his competence to practice medicine with reasonable skill and safety to patients, or if the Board has received a report pursuant to the provisions of NRS 630.3067, 630.3068, 690B.250 or 690B.260 indicating that a judgment has been rendered or an award has been made against a physician regarding an action or claim for malpractice or that such an action or claim against the physician has been resolved by settlement, it may order that the physician undergo a mental or physical examination or an examination testing his competence to practice medicine by physicians or other examinations designated by the Board to assist the Board or committee in determining the fitness of the physician to practice medicine.

      2.  For the purposes of this section:

      (a) Every physician who applies for a license or who is licensed under this chapter shall be deemed to have given his consent to submit to a mental or physical examination or an examination testing his competence to practice medicine when ordered to do so in writing by the Board [.] or an investigative committee of the Board.

      (b) The testimony or reports of the examining physicians are not privileged communications.

      3.  Except in extraordinary circumstances, as determined by the Board, the failure of a physician licensed under this chapter to submit to an examination when directed as provided in this section constitutes an admission of the charges against him.

      Sec. 49.  NRS 630.326 is hereby amended to read as follows:

      630.326  1.  If an investigation by the Board regarding a physician, physician assistant or practitioner of respiratory care reasonably determines that the health, safety or welfare of the public or any patient served by the physician, physician assistant or practitioner of respiratory care is at risk of imminent or continued harm, the Board may summarily suspend the license of the physician, physician assistant or practitioner of respiratory care.

 


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

ê2009 Statutes of Nevada, Page 2967 (Chapter 494, SB 269)ê

 

determines that the health, safety or welfare of the public or any patient served by the physician, physician assistant or practitioner of respiratory care is at risk of imminent or continued harm, the Board may summarily suspend the license of the physician, physician assistant or practitioner of respiratory care. The order of summary suspension may be issued by the Board, an investigative committee of the Board or the Executive Director of the Board after consultation with the President, Vice President or Secretary-Treasurer of the Board.

      2.  If the Board issues an order summarily suspending the license of a physician, physician assistant or practitioner of respiratory care pursuant to subsection 1, the Board shall hold a hearing regarding the matter not later than 45 days after the date on which the Board issues the order summarily suspending the license unless the Board and the licensee mutually agree to a longer period.

      3.  If the Board issues an order suspending the license of a physician , physician assistant or practitioner of respiratory care pending proceedings for disciplinary action and requires the physician , physician assistant or practitioner of respiratory care to submit to a mental or physical examination or an examination testing his competence to practice , [medicine,] the examination must be conducted and the results obtained not later than 60 days after the Board issues its order.

      Sec. 50.  NRS 630.326 is hereby amended to read as follows:

      630.326  1.  If an investigation by the Board regarding a physician, perfusionist, physician assistant or practitioner of respiratory care reasonably determines that the health, safety or welfare of the public or any patient served by the physician, perfusionist, physician assistant or practitioner of respiratory care is at risk of imminent or continued harm, the Board may summarily suspend the license of the physician, perfusionist, physician assistant or practitioner of respiratory care. The order of summary suspension may be issued by the Board, an investigative committee of the Board or the Executive Director of the Board after consultation with the President, Vice President or Secretary-Treasurer of the Board.

      2.  If the Board issues an order summarily suspending the license of a physician, perfusionist, physician assistant or practitioner of respiratory care pursuant to subsection 1, the Board shall hold a hearing regarding the matter not later than 45 days after the date on which the Board issues the order summarily suspending the license unless the Board and the licensee mutually agree to a longer period.

      3.  If the Board issues an order suspending the license of a physician, perfusionist, physician assistant or practitioner of respiratory care pending proceedings for disciplinary action and requires the physician, perfusionist, physician assistant or practitioner of respiratory care to submit to a mental or physical examination or an examination testing his competence to practice, the examination must be conducted and the results obtained not later than 60 days after the Board issues its order.

      Sec. 51.  NRS 630.329 is hereby amended to read as follows:

      630.329  If the Board issues an order suspending the license of a physician, perfusionist, physician assistant or practitioner of respiratory care pending proceedings for disciplinary action, the court shall not stay that order.

 


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

ê2009 Statutes of Nevada, Page 2968 (Chapter 494, SB 269)ê

 

      Sec. 52.  NRS 630.336 is hereby amended to read as follows:

      630.336  1.  Any deliberations conducted or vote taken by the Board or any investigative committee of the Board regarding its ordering of a physician, perfusionist, physician assistant or practitioner of respiratory care to undergo a physical or mental examination or any other examination designated to assist the Board or committee in determining the fitness of a physician, perfusionist, physician assistant or practitioner of respiratory care are not subject to the requirements of NRS 241.020.

      2.  Except as otherwise provided in subsection 3 or 4, all applications for a license to practice medicine , perfusion or respiratory care, any charges filed by the Board, financial records of the Board, formal hearings on any charges heard by the Board or a panel selected by the Board, records of such hearings and any order or decision of the Board or panel must be open to the public.

      3.  Except as otherwise provided in NRS 239.0115, the following may be kept confidential:

      (a) Any statement, evidence, credential or other proof submitted in support of or to verify the contents of an application;

      (b) Any report concerning the fitness of any person to receive or hold a license to practice medicine , perfusion or respiratory care; and

      (c) Any communication between:

            (1) The Board and any of its committees or panels; and

            (2) The Board or its staff, investigators, experts, committees, panels, hearing officers, advisory members or consultants and counsel for the Board.

      4.  Except as otherwise provided in subsection 5 and NRS 239.0115, a complaint filed with the Board pursuant to NRS 630.307, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

      5.  The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

      6.  This section does not prevent or prohibit the Board from communicating or cooperating with any other licensing board or agency or any agency which is investigating a licensee, including a law enforcement agency. Such cooperation may include, without limitation, providing the board or agency with minutes of a closed meeting, transcripts of oral examinations and the results of oral examinations.

      Sec. 53.  NRS 630.339 is hereby amended to read as follows:

      630.339  1.  If a committee designated by the Board to conduct an investigation of a complaint decides to proceed with disciplinary action, it shall bring charges against the licensee [. If charges are brought, the Board shall fix a time and place for a formal hearing.] by filing a formal complaint. The formal complaint must include a written statement setting forth the charges alleged and setting forth in concise and plain language each act or omission of the respondent upon which the charges are based. The formal complaint must be prepared with sufficient clarity to ensure that the respondent is able to prepare his defense. The formal complaint must specify any applicable law or regulation that the respondent is alleged to have violated. The formal complaint may be signed by the chairman of the investigative committee or the Executive Director of the Board acting in his official capacity.

 


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

ê2009 Statutes of Nevada, Page 2969 (Chapter 494, SB 269)ê

 

      2.  The respondent shall file an answer to the formal complaint within 20 days after service of the complaint upon the respondent. The answer must state in concise and plain language the respondent’s defenses to each charge set forth in the complaint and must admit or deny the averments stated in the complaint. If a party fails to file an answer within the time prescribed, he shall be deemed to have denied generally the allegations of the formal complaint.

      3.  Within 20 days after the filing of the answer, the parties shall hold an early case conference at which the parties and the hearing officer appointed by the Board or a member of the Board must preside. At the early case conference, the parties shall in good faith:

      (a) Set the earliest possible hearing date agreeable to the parties and the hearing officer, panel of the Board or the Board, including the estimated duration of the hearing;

      (b) Set dates:

            (1) By which all documents must be exchanged;

            (2) By which all prehearing motions and responses thereto must be filed;

            (3) On which to hold the prehearing conference; and

            (4) For any other foreseeable actions that may be required for the matter;

      (c) Discuss or attempt to resolve all or any portion of the evidentiary or legal issues in the matter;

      (d) Discuss the potential for settlement of the matter on terms agreeable to the parties; and

      (e) Discuss and deliberate any other issues that may facilitate the timely and fair conduct of the matter.

      4.  If the Board receives a report pursuant to subsection 5 of NRS 228.420, such a hearing must be held within 30 days after receiving the report. The Board shall notify the licensee of the charges brought against him, the time and place set for the hearing, and the possible sanctions authorized in NRS 630.352.

      [2.] 5.  A formal hearing must be held at the time and date set at the early case conference by:

      (a) The Board [, a] ;

      (b) A hearing officer [or a] ;

      (c) A member of the Board designated by the Board or an investigative committee of the Board;

      (d) A panel of [its] members of the Board designated by [the Board shall hold the formal hearing on the charges at the time and place designated in the notification.] an investigative committee of the Board or the Board;

      (e) A hearing officer together with not more than one member of the Board designated by an investigative committee of the Board or the Board; or

      (f) A hearing officer together with a panel of members of the Board designated by an investigative committee of the Board or the Board. If the hearing is before a panel, at least one member of the [Board who is] panel must not be a physician . [must participate in this hearing.]

      6.  At any hearing at which at least one member of the Board presides, whether in combination with a hearing officer or other members of the Board, the final determinations regarding credibility, weight of evidence and whether the charges have been proven must be made by the members of the Board.

 


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

ê2009 Statutes of Nevada, Page 2970 (Chapter 494, SB 269)ê

 

and whether the charges have been proven must be made by the members of the Board. If a hearing officer presides together with one or more members of the Board, the hearing officer shall:

      (a) Conduct the hearing;

      (b) In consultation with each member of the Board, make rulings upon any objections raised at the hearing;

      (c) In consultation with each member of the Board, make rulings concerning any motions made during or after the hearing; and

      (d) Within 30 days after the conclusion of the hearing, prepare and file with the Board written findings of fact and conclusions of law in accordance with the determinations made by each member of the Board.

      Sec. 54.  NRS 630.342 is hereby amended to read as follows:

      630.342  1.  Any [physician] licensee against whom the Board initiates disciplinary action pursuant to this chapter shall, within 30 days after the [physician’s] licensee’s receipt of notification of the initiation of the disciplinary action, submit to the Board a complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      2.  The willful failure of a [physician] licensee to comply with the requirements of subsection 1 constitutes additional grounds for disciplinary action and the revocation of the license of the [physician.] licensee.

      3.  The Board has additional grounds for initiating disciplinary action against a [physician] licensee if the report from the Federal Bureau of Investigation indicates that the [physician] licensee has been convicted of:

      (a) An act that is a ground for disciplinary action pursuant to NRS 630.301 to 630.3066, inclusive; or

      (b) A violation of NRS 630.400.

      Sec. 54.5.  NRS 630.346 is hereby amended to read as follows:

      630.346  In any disciplinary hearing:

      1.  The Board, a panel of the members of the Board and a hearing officer are not bound by formal rules of evidence and a witness must not be barred from testifying solely because he was or is incompetent. Any fact that is the basis of a finding, conclusion or ruling must be based upon the reliable, probative and substantial evidence on the whole record of the matter.

      2.  Proof of actual injury need not be established.

      3.  A certified copy of the record of a court or a licensing agency showing a conviction or plea of nolo contendere or the suspension, revocation, limitation, modification, denial or surrender of a license to practice medicine or respiratory care is conclusive evidence of its occurrence.

      Sec. 55.  NRS 630.346 is hereby amended to read as follows:

      630.346  In any disciplinary hearing:

      1.  The Board, a panel of the members of the Board and a hearing officer are not bound by formal rules of evidence and a witness must not be barred from testifying solely because he was or is incompetent. Any fact that is the basis of a finding, conclusion or ruling must be based upon the reliable, probative and substantial evidence on the whole record of the matter.

      2.  Proof of actual injury need not be established.

      3.  A certified copy of the record of a court or a licensing agency showing a conviction or plea of nolo contendere or the suspension, revocation, limitation, modification, denial or surrender of a license to practice medicine , perfusion or respiratory care is conclusive evidence of its occurrence.

 


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

ê2009 Statutes of Nevada, Page 2971 (Chapter 494, SB 269)ê

 

revocation, limitation, modification, denial or surrender of a license to practice medicine , perfusion or respiratory care is conclusive evidence of its occurrence.

      Sec. 56.  (Deleted by amendment.)

      Sec. 57.  NRS 630.352 is hereby amended to read as follows:

      630.352  1.  Any member of the Board, [except for an advisory] other than a member of an investigative committee of the Board who participated in any determination regarding a formal complaint in the matter or any member serving on a panel of the Board at the hearing [charges,] of the matter, may participate in an adjudication to obtain the final order of the Board. [If the Board, after a formal hearing, determines from a preponderance of the evidence that a violation of the provisions of this chapter or of the regulations of the Board has occurred, it shall issue and serve on the physician charged an order, in writing, containing its findings and any sanctions.

      2.]  At the adjudication, the Board shall consider any findings of fact and conclusions of law submitted after the hearing and shall allow:

      (a) Counsel for the Board to present a disciplinary recommendation and argument in support of the disciplinary recommendation;

      (b) The respondent or his counsel to present a disciplinary recommendation and argument in support of the disciplinary recommendation; and

      (c) The complainant in the matter to make a statement to the Board regarding the disciplinary recommendations by the parties and to address the effect of the respondent’s conduct upon the complainant or the patient involved, if other than the complainant.

Ê The Board may limit the time within which the parties and the complainant may make their arguments and statements.

      2.  At the conclusion of the presentations of the parties and the complainant, the Board shall deliberate and may by a majority vote impose discipline based upon the findings of fact and conclusions of law and the presentations of the parties and the complainant.

      3.  If , in the findings of fact and conclusions of law, the Board, hearing officer or panel of the Board determines that no violation has occurred, [it] the Board shall dismiss the charges, in writing, and notify the [physician] respondent that the charges have been dismissed. [If the disciplinary proceedings were instituted against the physician as a result of a complaint filed against him, the Board may provide the physician with a copy of the complaint.

      3.] 4.  Except as otherwise provided in subsection [4,] 5, if the Board finds that a violation has occurred, it shall by order take one or more of the following actions:

      (a) Place the person on probation for a specified period on any of the conditions specified in the order;

      (b) Administer to him a written public reprimand;

      (c) Limit his practice or exclude one or more specified branches of medicine from his practice;

      (d) Suspend his license for a specified period or until further order of the Board;

      (e) Revoke his license ; [to practice medicine, but only in accordance with the provisions of NRS 630.348;]

 


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

ê2009 Statutes of Nevada, Page 2972 (Chapter 494, SB 269)ê

 

      (f) Require him to participate in a program to correct alcohol or drug dependence or any other impairment;

      (g) Require supervision of his practice;

      (h) Impose a fine not to exceed $5,000 [;] for each violation;

      (i) Require him to perform community service without compensation;

      (j) Require him to take a physical or mental examination or an examination testing his competence; and

      (k) Require him to fulfill certain training or educational requirements.

      [4.] 5.  If the Board finds that the [physician] respondent has violated the provisions of NRS 439B.425, the Board shall suspend his license for a specified period or until further order of the Board.

      [5.] 6.  The Board shall not administer a private reprimand if the Board finds that a violation has occurred.

      [6.] 7.  Within 30 days after the hearing before the Board, the Board shall issue a final order, certified by the Secretary-Treasurer of the Board, that imposes discipline and incorporates the findings of fact and conclusions of law obtained from the hearing. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 58.  NRS 630.356 is hereby amended to read as follows:

      630.356  1.  Any person aggrieved by a final order of the Board is entitled to judicial review of the Board’s order.

      2.  Every order that imposes a sanction against a licensee pursuant to subsection [3] 4 or [4] 5 of NRS 630.352 or any regulation of the Board is effective from the date the Secretary-Treasurer certifies the order until the date the order is modified or reversed by a final judgment of the court. The court shall not stay the order of the Board pending a final determination by the court.

      3.  The district court shall give a petition for judicial review of the Board’s order priority over other civil matters which are not expressly given priority by law.

      Sec. 59.  NRS 630.358 is hereby amended to read as follows:

      630.358  1.  Any person:

      (a) Whose practice of medicine , perfusion or respiratory care has been limited; or

      (b) Whose license to practice medicine , perfusion or respiratory care has been:

            (1) Suspended until further order; or

            (2) Revoked,

Ê by an order of the Board, may apply to the Board for removal of the limitation or restoration of his license.

      2.  In hearing the application, the Board:

      (a) May require the person to submit to a mental or physical examination or an examination testing his competence to practice medicine , perfusion or respiratory care by physicians , perfusionists or practitioners of respiratory care, as appropriate, or other examinations it designates and submit such other evidence of changed conditions and of fitness as it deems proper;

      (b) Shall determine whether under all the circumstances the time of the application is reasonable; and

      (c) May deny the application or modify or rescind its order as it deems the evidence and the public safety warrants.

 


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

ê2009 Statutes of Nevada, Page 2973 (Chapter 494, SB 269)ê

 

      3.  The licensee has the burden of proving by clear and convincing evidence that the requirements for restoration of the license or removal of the limitation have been met.

      4.  The Board shall not restore a license unless it is satisfied that the person has complied with all of the terms and conditions set forth in the final order of the Board and that the person is capable of practicing medicine , perfusion or respiratory care in a safe manner.

      5.  To restore a license that has been revoked by the Board, the applicant must apply for a license and take an examination as though he had never been licensed under this chapter.

      Sec. 60.  NRS 630.366 is hereby amended to read as follows:

      630.366  1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice medicine, to practice as a perfusionist, to practice as a physician assistant or to practice as a practitioner of respiratory care, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license to practice medicine, to practice as a perfusionist, to practice as a physician assistant or to practice as a practitioner of respiratory care that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 61.  NRS 630.388 is hereby amended to read as follows:

      630.388  1.  In addition to any other remedy provided by law, the Board, through its President or Secretary-Treasurer or the Attorney General, may apply to any court of competent jurisdiction:

      (a) To enjoin any prohibited act or other conduct of a licensee which is harmful to the public;

      (b) To enjoin any person who is not licensed under this chapter from practicing medicine , perfusion or respiratory care;

      (c) To limit the practice of a physician, perfusionist, physician assistant or practitioner of respiratory care, or suspend his license to practice; [or]

      (d) To enjoin the use of the title “P.A.,” “P.A.-C,” “R.C.P.” or any other word, combination of letters or other designation intended to imply or designate a person as a physician assistant or practitioner of respiratory care, when not licensed by the Board pursuant to this chapter, unless the use is otherwise authorized by a specific statute [.] ; or

      (e) To enjoin the use of the title “L.P.,” “T.L.P.,” “licensed perfusionist,” “temporarily licensed perfusionist” or any other word, combination of letters or other designation intended to imply or designate a person as a perfusionist, when not licensed by the Board pursuant to this chapter, unless the use is otherwise authorized by a specific statute.

      2.  The court in a proper case may issue a temporary restraining order or a preliminary injunction for the purposes set forth in subsection 1:

 


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

ê2009 Statutes of Nevada, Page 2974 (Chapter 494, SB 269)ê

 

      (a) Without proof of actual damage sustained by any person;

      (b) Without relieving any person from criminal prosecution for engaging in the practice of medicine , perfusion or respiratory care without a license; and

      (c) Pending proceedings for disciplinary action by the Board.

      Sec. 62.  NRS 630.390 is hereby amended to read as follows:

      630.390  In seeking injunctive relief against any person for an alleged violation of this chapter by practicing medicine , perfusion or respiratory care without a license, it is sufficient to allege that he did, upon a certain day, and in a certain county of this State, engage in the practice of medicine , perfusion or respiratory care without having a license to do so, without alleging any further or more particular facts concerning the same.

      Sec. 63.  NRS 630.400 is hereby amended to read as follows:

      630.400  A person who:

      1.  Presents to the Board as his own the diploma, license or credentials of another;

      2.  Gives either false or forged evidence of any kind to the Board;

      3.  Practices medicine , perfusion or respiratory care under a false or assumed name or falsely personates another licensee;

      4.  Except as otherwise provided by a specific statute, practices medicine , perfusion or respiratory care without being licensed under this chapter;

      5.  Holds himself out as a perfusionist or uses any other term indicating or implying that he is a perfusionist without being licensed by the Board;

      6.  Holds himself out as a physician assistant or uses any other term indicating or implying that he is a physician assistant without being licensed by the Board; or

      [6.] 7.  Holds himself out as a practitioner of respiratory care or uses any other term indicating or implying that he is a practitioner of respiratory care without being licensed by the Board,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 64.  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, 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 Services or a medical officer of any division or department of the United States in the discharge of his official duties.

      (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.

 


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

ê2009 Statutes of Nevada, Page 2975 (Chapter 494, SB 269)ê

 

      4.  This chapter does not authorize a homeopathic physician to practice medicine, including allopathic medicine, except as otherwise provided in NRS 630A.040.

      Sec. 65.  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, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, nursing assistant, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician 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 426.218.

      (f) Any person who maintains or is employed by an agency to provide nursing in the home.

      (g) Any employee of the Department of Health and Human Services.

      (h) Any employee of a law enforcement agency or a county’s 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.

      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 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, “agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.

 


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

ê2009 Statutes of Nevada, Page 2976 (Chapter 494, SB 269)ê

 

      Sec. 66.  Chapter 633 of NRS is hereby amended by adding thereto the provisions set forth as sections 66.1 to 68, inclusive, of this act.

      Sec. 66.1.  “Practice of osteopathic medicine” includes, without limitation, the performance of an autopsy.

      Sec. 66.3.  1.  An osteopathic physician who is retired from active practice and who:

      (a) Wishes to donate his expertise for the medical care and treatment of persons in this State who are indigent, uninsured or unable to afford health care; or

      (b) Wishes to provide services for any disaster relief operations conducted by a governmental entity or nonprofit organization,

Ê may obtain a special volunteer license to practice osteopathic medicine by submitting an application to the Board pursuant to this section.

      2.  An application for a special volunteer license to practice osteopathic medicine must be on a form provided by the Board and must include:

      (a) Documentation of the history of medical practice of the osteopathic physician;

      (b) Proof that the osteopathic physician previously has been issued an unrestricted license to practice osteopathic medicine in any state of the United States and that he has never been the subject of disciplinary action by a medical board in any jurisdiction;

      (c) Proof that the osteopathic physician satisfies the requirements for licensure set forth in NRS 633.311 or the requirements for licensure by endorsement set forth in NRS 633.400;

      (d) Acknowledgment that the practice of the osteopathic physician under the special volunteer license to practice osteopathic medicine will be exclusively devoted to providing medical care:

            (1) To persons in this State who are indigent, uninsured or unable to afford health care; or

            (2) As part of any disaster relief operations conducted by a governmental entity or nonprofit organization; and

      (e) Acknowledgment that the osteopathic physician will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for providing medical care under the special volunteer license to practice osteopathic medicine, except for payment by a medical facility at which the osteopathic physician provides volunteer medical services of the expenses of the osteopathic physician for necessary travel, continuing education, malpractice insurance or fees of the State Board of Pharmacy.

      3.  If the Board finds that the application of an osteopathic physician satisfies the requirements of subsection 2 and that the retired osteopathic physician is competent to practice osteopathic medicine, the Board shall issue a special volunteer license to practice osteopathic medicine to the osteopathic physician.

      4.  The initial special volunteer license to practice osteopathic medicine issued pursuant to this section expires 1 year after the date of issuance. The license may be renewed pursuant to this section, and any license that is renewed expires 2 years after the date of issuance.

      5.  The Board shall not charge a fee for:

      (a) The review of an application for a special volunteer license to practice osteopathic medicine; or

 


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

ê2009 Statutes of Nevada, Page 2977 (Chapter 494, SB 269)ê

 

      (b) The issuance or renewal of a special volunteer license to practice osteopathic medicine pursuant to this section.

      6.  An osteopathic physician who is issued a special volunteer license to practice osteopathic medicine pursuant to this section and who accepts the privilege of practicing osteopathic medicine in this State pursuant to the provisions of the special volunteer license to practice osteopathic medicine is subject to all the provisions governing disciplinary action set forth in this chapter.

      7.  An osteopathic physician who is issued a special volunteer license to practice osteopathic medicine pursuant to this section shall comply with the requirements for continuing education adopted by the Board.

      Sec. 66.5.  1.  Except as otherwise provided in NRS 633.315, the Board may issue an authorized facility license to a person who intends to practice osteopathic medicine in this State as a psychiatrist in a mental health center of the Division under the direct supervision of a psychiatrist who holds an unrestricted license to practice osteopathic medicine pursuant to this chapter or to practice medicine pursuant to chapter 630 of NRS.

      2.  A person who applies for an authorized facility license pursuant to this section is not required to take or pass a written examination as to his qualifications to practice osteopathic medicine, but the person must meet all conditions and requirements for an unrestricted license to practice osteopathic medicine pursuant to this chapter.

      3.  If the Board issues an authorized facility license pursuant to this section, the person who holds the license may practice osteopathic medicine in this State only as a psychiatrist in a mental health center of the Division and only under the direct supervision of a psychiatrist who holds an unrestricted license to practice osteopathic medicine pursuant to this chapter or to practice medicine pursuant to chapter 630 of NRS.

      4.  If a person who holds an authorized facility license issued pursuant to this section ceases to practice osteopathic medicine in this State as a psychiatrist in a mental health center of the Division:

      (a) The Division shall notify the Board; and

      (b) Upon receipt of the notification, the authorized facility license expires automatically.

      5.  The Board may renew or modify an authorized facility license issued pursuant to this section, unless the license has expired automatically or has been revoked.

      6.  The provisions of this section do not limit the authority of the Board to issue a license to an applicant in accordance with any other provision of this chapter.

      7.  As used in this section:

      (a) “Division” means the Division of Mental Health and Developmental Services of the Department of Health and Human Services.

      (b) “Mental health center” has the meaning ascribed to it in NRS 433.144.

      Sec. 66.7.  1.  Except as otherwise provided in NRS 633.315, the Board may issue an authorized facility license to a person who intends to practice osteopathic medicine in this State as an osteopathic physician in an institution of the Department of Corrections under the direct supervision of an osteopathic physician who holds an unrestricted license to practice osteopathic medicine pursuant to this chapter or to practice medicine pursuant to chapter 630 of NRS.

 


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

ê2009 Statutes of Nevada, Page 2978 (Chapter 494, SB 269)ê

 

to practice osteopathic medicine pursuant to this chapter or to practice medicine pursuant to chapter 630 of NRS.

      2.  A person who applies for an authorized facility license pursuant to this section is not required to take or pass a written examination as to his qualifications to practice osteopathic medicine, but the person must meet all conditions and requirements for an unrestricted license to practice osteopathic medicine pursuant to this chapter.

      3.  If the Board issues an authorized facility license pursuant to this section, the person who holds the license may practice osteopathic medicine in this State only as an osteopathic physician in an institution of the Department of Corrections and only under the direct supervision of an osteopathic physician who holds an unrestricted license to practice osteopathic medicine pursuant to this chapter or to practice medicine pursuant to chapter 630 of NRS.

      4.  If a person who holds an authorized facility license issued pursuant to this section ceases to practice osteopathic medicine in this State as an osteopathic physician in an institution of the Department of Corrections:

      (a) The Department shall notify the Board; and

      (b) Upon receipt of the notification, the authorized facility license expires automatically.

      5.  The Board may renew or modify an authorized facility license issued pursuant to this section, unless the license has expired automatically or has been revoked.

      6.  The provisions of this section do not limit the authority of the Board to issue a license to an applicant in accordance with any other provision of this chapter.

      Sec. 67.  1.  If the Board has reason to believe that a person has violated or is violating any provision of this chapter, the Board or any investigative committee of the Board may issue to the person a letter of warning, a letter of concern or a nonpunitive admonishment at any time before the Board initiates any disciplinary proceedings against the person.

      2.  The issuance of such a letter or admonishment:

      (a) Does not preclude the Board from initiating any disciplinary proceedings against the person or taking any disciplinary action against the person based on any conduct alleged or described in the letter or admonishment or any other conduct; and

      (b) Does not constitute a final decision of the Board and is not subject to judicial review.

      3.  In addition to any action taken pursuant to subsection 1, if the Board has reason to believe that a person has violated or is violating any provision of this chapter, the Board or any investigative committee of the Board may negotiate a remediation agreement with the person. The remediation agreement must include, for each violation, a statement specifying each provision of this chapter or regulation adopted pursuant to this chapter that the Board has reason to believe that the person has violated or is violating. The remediation agreement must also set forth the terms and conditions specified by the Board or an investigative committee, including, without limitation, provisions that:

      (a) Address each violation of this chapter that is at issue; and

      (b) Remediate or improve the practice of the person relating to those violations.

 


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

ê2009 Statutes of Nevada, Page 2979 (Chapter 494, SB 269)ê

 

      4.  A remediation agreement that is negotiated by an investigative committee of the Board must be presented to the Board for approval. Any remediation agreement presented to the Board pursuant to this subsection is a public record. The Board shall ensure that all identifying information regarding each person who is subject to the remediation agreement is removed. The remediation agreement becomes effective immediately upon approval of the remediation agreement by the Board. If the Board does not approve the remediation agreement, the Board shall refer the matter to the investigative committee that presented the remediation agreement to the Board. The investigative committee may further proceed with the matter as it deems appropriate.

      5.  A remediation agreement entered into pursuant to this section does not constitute disciplinary action against any person who is subject to the remediation agreement and is not reportable to any national database. If the person violates a provision of the remediation agreement, the Board or the investigative committee of the Board with whom the remediation agreement was negotiated may take any action it deems appropriate, including, without limitation, initiating disciplinary proceedings against the person.

      6.  The Board shall adopt regulations to carry out the provisions of this section.

      Sec. 68.  In any disciplinary proceedings conducted pursuant to this chapter, the standard of proof is a preponderance of the evidence.

      Sec. 68.9.  NRS 633.011 is hereby amended to read as follows:

      633.011  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 633.021 to 633.131, inclusive, and section 66.1 of this act have the meanings ascribed to them in those sections.

      Sec. 69.  NRS 633.131 is hereby amended to read as follows:

      633.131  1.  “Unprofessional conduct” includes:

      (a) Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice osteopathic medicine or in applying for renewal of a license to practice osteopathic medicine.

      (b) Failure of a licensee of the practice of osteopathic medicine to designate his school of practice in the professional use of his name by the term D.O., osteopathic physician, doctor of osteopathy or a similar term.

      (c) Directly or indirectly giving to or receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with an osteopathic physician in his professional capacity or for any professional services not actually and personally rendered, except as otherwise provided in subsection 2.

      (d) Employing, directly or indirectly, any suspended or unlicensed person in the practice of osteopathic medicine, or the aiding or abetting of any unlicensed person to practice osteopathic medicine.

      (e) Advertising the practice of osteopathic medicine in a manner which does not conform to the guidelines established by regulations of the Board.

      (f) Engaging in any:

            (1) Professional conduct which is intended to deceive or which the Board by regulation has determined is unethical; or

 


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

ê2009 Statutes of Nevada, Page 2980 (Chapter 494, SB 269)ê

 

            (2) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.

      (g) Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, otherwise than in the course of legitimate professional practice or as authorized by law.

      (h) Habitual drunkenness or habitual addiction to the use of a controlled substance.

      (i) Performing, assisting in or advising an unlawful abortion or the injection of any liquid silicone substance into the human body [.] , other than the use of silicone oil to repair a retinal detachment.

      (j) Willful disclosure of a communication privileged pursuant to a statute or court order.

      (k) Willful disobedience of the regulations of the State Board of Health, the State Board of Pharmacy or the State Board of Osteopathic Medicine.

      (l) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any prohibition made in this chapter.

      (m) Failure of a licensee to maintain timely, legible, accurate and complete medical records relating to the diagnosis, treatment and care of a patient.

      (n) Making alterations to the medical records of a patient that the licensee knows to be false.

      (o) Making or filing a report which the licensee knows to be false.

      (p) Failure of a licensee to file a record or report as required by law, or willfully obstructing or inducing any person to obstruct such filing.

      (q) Failure of a licensee to make medical records of a patient available for inspection and copying as provided by NRS 629.061.

      2.  It is not unprofessional conduct:

      (a) For persons holding valid licenses to practice osteopathic medicine issued pursuant to this chapter to practice osteopathic medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or to pool, share, divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association;

      (b) For two or more persons holding valid licenses to practice osteopathic medicine issued pursuant to this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee if the patient has full knowledge of this division and if the division is made in proportion to the services performed and the responsibility assumed by each; or

      (c) For a person licensed to practice osteopathic medicine pursuant to the provisions of this chapter to form an association or other business relationship with an optometrist pursuant to the provisions of NRS 636.373.

      Sec. 70.  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, podiatry, optometry, respiratory care, faith or Christian Science healing, nursing, veterinary medicine or fitting hearing aids.

 


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

ê2009 Statutes of Nevada, Page 2981 (Chapter 494, SB 269)ê

 

      (b) A medical officer of the Armed Services or a medical officer of any division or department of the United States in the discharge of his official duties.

      (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.

      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.

      Sec. 70.5.  NRS 633.286 is hereby amended to read as follows:

      633.286  1.  On or before February 15 of each odd-numbered year, the Board shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling:

      (a) Disciplinary action taken by the Board during the previous biennium against osteopathic physicians for malpractice or negligence;

      (b) The number and types of remediation agreements approved by the Board pursuant to section 67 of this act;

      (c) Information reported to the Board during the previous biennium pursuant to NRS 633.526, 633.527, subsections [2 and] 3 and 4 of NRS 633.533 and NRS 690B.250 and 690B.260; and

      [(c)] (d) Information reported to the Board during the previous biennium pursuant to NRS 633.524, including, without limitation, the number and types of surgeries performed by each holder of a license to practice osteopathic medicine and the occurrence of sentinel events arising from such surgeries, if any.

      2.  The report must include only aggregate information for statistical purposes and exclude any identifying information related to a particular person.

      3.  On or before February 15 of each odd-numbered year, the Board shall submit to the Legislative Commission a written report compiling the information described in paragraphs (a) and (b) of subsection 1.

      Sec. 70.7.  NRS 633.286 is hereby amended to read as follows:

      633.286  1.  On or before February 15 of each odd-numbered year, the Board shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling:

      (a) Disciplinary action taken by the Board during the previous biennium against osteopathic physicians for malpractice or negligence;

      (b) [The number and types of remediation agreements approved by the Board pursuant to section 67 of this act;

      (c)] Information reported to the Board during the previous biennium pursuant to NRS 633.526, 633.527, subsections 3 and 4 of NRS 633.533 and NRS 690B.250 and 690B.260; and

      [(d)] (c) Information reported to the Board during the previous biennium pursuant to NRS 633.524, including, without limitation, the number and types of surgeries performed by each holder of a license to practice osteopathic medicine and the occurrence of sentinel events arising from such surgeries, if any.

 


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

ê2009 Statutes of Nevada, Page 2982 (Chapter 494, SB 269)ê

 

      2.  The report must include only aggregate information for statistical purposes and exclude any identifying information related to a particular person.

      [3.  On or before February 15 of each odd-numbered year, the Board shall submit to the Legislative Commission a written report compiling the information described in paragraphs (a) and (b) of subsection 1.]

      Sec. 71.  NRS 633.322 is hereby amended to read as follows:

      633.322  In addition to the other requirements for licensure to practice osteopathic medicine, an applicant shall cause to be submitted to the Board [a] :

      1.  A certificate of completion of progressive postgraduate training from the residency program where the applicant received training [.] ; and

      2.  If applicable, proof of satisfactory completion of a postgraduate training program specified in paragraph (c) of subsection 4 of NRS 633.311 within 120 days after the scheduled completion of the program.

      Sec. 72.  NRS 633.331 is hereby amended to read as follows:

      633.331  1.  Examinations [must] may be held [at least] once a year at the time and place fixed by the Board. The Board shall notify each applicant in writing of the examinations.

      2.  The examination must be fair and impartial, practical in character, and the questions must be designed to discover the applicant’s fitness.

      3.  The Board may employ specialists and other professional consultants or examining services in conducting the examination.

      4.  Each member who is not licensed in any state to practice any healing art shall not participate in preparing, conducting or grading any examination required by the Board.

      Sec. 72.5.  NRS 633.401 is hereby amended to read as follows:

      633.401  1.  Except as otherwise provided in NRS 633.315, the Board may issue a special license to practice osteopathic medicine:

      (a) To authorize a person who is licensed to practice osteopathic medicine in an adjoining state to come into Nevada to care for or assist in the treatment of his patients in association with an osteopathic physician in this State who has primary care of the patients.

      (b) To a resident while he is enrolled in a postgraduate training program required pursuant to the provisions of paragraph (c) of subsection 4 of NRS 633.311.

      (c) For a specified period and for specified purposes to a person who is licensed to practice osteopathic medicine in another jurisdiction.

      2.  For the purpose of paragraph (c) of subsection 1, the osteopathic physician must:

      (a) Hold a full and unrestricted license to practice osteopathic medicine in another state;

      (b) Not have had any disciplinary or other action taken against him by any state or other jurisdiction; and

      (c) Be certified by a specialty board of the American Board of Medical Specialties, the American Osteopathic Association or their successors.

      3.  A special license issued under this section may be renewed by the Board upon application of the licensee.

      [3.] 4.  Every person who applies for or renews a special license under this section shall pay respectively the special license fee or special license renewal fee specified in this chapter.

 


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

ê2009 Statutes of Nevada, Page 2983 (Chapter 494, SB 269)ê

 

      Sec. 73.  NRS 633.411 is hereby amended to read as follows:

      633.411  1.  Except as otherwise provided in NRS 633.315, the Board may issue a special license to practice osteopathic medicine to a person qualified under this section to authorize him to serve:

      (a) As a resident medical officer in any hospital in Nevada. A person issued such a license shall practice osteopathic medicine only within the confines of the hospital specified in the license and under the supervision of the regular medical staff of that hospital.

      (b) As a professional employee of the State of Nevada or of the United States. A person issued such a license shall practice osteopathic medicine only within the scope of his employment and under the supervision of the appropriate state or federal medical agency.

      2.  An applicant for a special license under this section must:

      (a) Be a graduate of a school of osteopathic medicine . [and have completed a hospital internship.]

      (b) Pay the special license fee specified in this chapter.

      3.  The Board shall not issue a license under subsection 1 unless it has received a letter from a hospital in Nevada or from the appropriate state or federal medical agency requesting issuance of the special license to the applicant.

      4.  A special license issued under this section:

      (a) Must be issued at a meeting of the Board or between its meetings by its President and Secretary subject to approval at the next meeting of the Board.

      (b) Is valid for a period not exceeding 1 year, as determined by the Board.

      (c) May be renewed by the Board upon application and payment by the licensee of the special license renewal fee specified in this chapter.

      (d) Does not entitle the licensee to engage in the private practice of osteopathic medicine.

      5.  The issuance of a special license under this section does not obligate the Board to grant any regular license to practice osteopathic medicine.

      Sec. 73.5.  NRS 633.501 is hereby amended to read as follows:

      633.501  The Board shall charge and collect fees not to exceed the following amounts:

      1.  Application and initial license fee for an osteopathic physician $800

      2.  Annual license renewal fee for an osteopathic physician........... 500

      3.  Temporary license fee....................................................................... 500

      4.  Special or authorized facility license fee...................................... 200

      5.  Special or authorized facility license renewal fee....................... 200

      6.  Reexamination fee............................................................................. 200

      8.  Application and initial license fee for a physician assistant...... 400

      9.  Annual license renewal fee for a physician assistant.................. 400

      10.  Inactive license fee.......................................................................... 200

      Sec. 74.  NRS 633.511 is hereby amended to read as follows:

      633.511  The grounds for initiating disciplinary action pursuant to this chapter are:

      1.  Unprofessional conduct.

      2.  Conviction of:

      (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

      (b) A felony relating to the practice of osteopathic medicine;

 


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

ê2009 Statutes of Nevada, Page 2984 (Chapter 494, SB 269)ê

 

      (c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

      (d) Murder, voluntary manslaughter or mayhem;

      (e) Any felony involving the use of a firearm or other deadly weapon;

      (f) Assault with intent to kill or to commit sexual assault or mayhem;

      (g) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

      (h) Abuse or neglect of a child or contributory delinquency; or

      (i) Any offense involving moral turpitude.

      3.  The suspension of the license to practice osteopathic medicine by any other jurisdiction.

      4.  [Gross or repeated] Malpractice or gross malpractice, which may be evidenced by [claims] a claim of malpractice settled against a practitioner.

      5.  Professional incompetence.

      6.  Failure to comply with the requirements of NRS 633.527.

      7.  Failure to comply with the requirements of subsection 3 of NRS 633.471.

      8.  Failure to comply with the provisions of subsection 2 of NRS 633.322.

      9.  Signing a blank prescription form.

      10.  Attempting, directly or indirectly, by intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.

      11.  Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient.

      12.  In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the licensee knows to be false, failing to file a record or report that is required by law or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.

      13.  Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the Board within 30 days after the date the licensee knows or has reason to know of the violation.

      14.  Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against him, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.

      15.  Engaging in any act that is unsafe in accordance with regulations adopted by the Board.

      16.  Violating a provision of a remediation agreement approved by the Board pursuant to section 67 of this act.

      Sec. 74.5.  NRS 633.511 is hereby amended to read as follows:

      633.511  The grounds for initiating disciplinary action pursuant to this chapter are:

      1.  Unprofessional conduct.

      2.  Conviction of:

      (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

 


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

ê2009 Statutes of Nevada, Page 2985 (Chapter 494, SB 269)ê

 

      (b) A felony relating to the practice of osteopathic medicine;

      (c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

      (d) Murder, voluntary manslaughter or mayhem;

      (e) Any felony involving the use of a firearm or other deadly weapon;

      (f) Assault with intent to kill or to commit sexual assault or mayhem;

      (g) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

      (h) Abuse or neglect of a child or contributory delinquency; or

      (i) Any offense involving moral turpitude.

      3.  The suspension of the license to practice osteopathic medicine by any other jurisdiction.

      4.  Malpractice or gross malpractice, which may be evidenced by a claim of malpractice settled against a practitioner.

      5.  Professional incompetence.

      6.  Failure to comply with the requirements of NRS 633.527.

      7.  Failure to comply with the requirements of subsection 3 of NRS 633.471.

      8.  Failure to comply with the provisions of subsection 2 of NRS 633.322.

      9.  Signing a blank prescription form.

      10.  Attempting, directly or indirectly, by intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.

      11.  Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient.

      12.  In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the licensee knows to be false, failing to file a record or report that is required by law or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.

      13.  Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the Board within 30 days after the date the licensee knows or has reason to know of the violation.

      14.  Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against him, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.

      15.  Engaging in any act that is unsafe in accordance with regulations adopted by the Board.

      [16.  Violating a provision of a remediation agreement approved by the Board pursuant to section 67 of this act.]

      Sec. 74.7.  NRS 633.533 is hereby amended to read as follows:

      633.533  1.  Except as otherwise provided in subsection 2, any person may file with the Board a complaint against an osteopathic physician on a form provided by the Board. The form may be submitted in writing or electronically. If a complaint is submitted anonymously, the Board may accept the complaint but may refuse to consider the complaint if the lack of the identity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

 


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

ê2009 Statutes of Nevada, Page 2986 (Chapter 494, SB 269)ê

 

      2.  Any [person,] licensee, medical school or medical facility that becomes aware that a person practicing osteopathic medicine in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the Board within 30 days after becoming aware of the conduct.

      [2.] 3.  Any hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board any change in an osteopathic physician’s privileges to practice osteopathic medicine while the osteopathic physician is under investigation and the outcome of any disciplinary action taken by that facility or society against the osteopathic physician concerning the care of a patient or the competency of the osteopathic physician within 30 days after the change in privileges is made or disciplinary action is taken. The Board shall report any failure to comply with this subsection by a hospital, clinic or other medical facility licensed in this State to the Health Division of the Department of Health and Human Services. If, after a hearing, the Health Division determines that any such facility or society failed to comply with the requirements of this subsection, the Division may impose an administrative fine of not more than $10,000 against the facility or society for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.

      [3.] 4.  The clerk of every court shall report to the Board any finding, judgment or other determination of the court that an osteopathic physician or physician assistant:

      (a) Is a person with mental illness;

      (b) Is a person with mental incompetence;

      (c) Has been convicted of a felony or any law governing controlled substances or dangerous drugs;

      (d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or

      (e) Is liable for damages for malpractice or negligence,

Ê within 45 days after such a finding, judgment or determination is made.

      [4.] 5.  On or before January 15 of each year, the clerk of every court shall submit to the Office of Court Administrator created pursuant to NRS 1.320 a written report compiling the information that the clerk reported during the previous year to the Board regarding osteopathic physicians pursuant to paragraph (e) of subsection [3.] 4.

      Sec. 75.  NRS 633.561 is hereby amended to read as follows:

      633.561  1.  Notwithstanding the provisions of chapter 622A of NRS, if the Board or a member of the Board designated to review a complaint pursuant to NRS 633.541 has reason to believe that the conduct of an osteopathic physician has raised a reasonable question as to his competence to practice osteopathic medicine with reasonable skill and safety to patients, the Board or the member designated by the Board may require the osteopathic physician to submit to a mental or physical examination by physicians designated by the Board. If the osteopathic physician participates in a diversion program, the diversion program may exchange with any authorized member of the staff of the Board any information concerning the recovery and participation of the osteopathic physician in the diversion program. As used in this subsection, “diversion program” means a program approved by the Board to correct an osteopathic physician’s alcohol or drug dependence or any other impairment.

 


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

ê2009 Statutes of Nevada, Page 2987 (Chapter 494, SB 269)ê

 

      2.  For the purposes of this section:

      (a) Every physician who is licensed under this chapter who accepts the privilege of practicing osteopathic medicine in this State shall be deemed to have given his consent to submit to a mental or physical examination if directed to do so in writing by the Board.

      (b) The testimony or examination reports of the examining physicians are not privileged communications.

      3.  Except in extraordinary circumstances, as determined by the Board, the failure of a physician who is licensed under this chapter to submit to an examination if directed as provided in this section constitutes an admission of the charges against him.

      Sec. 75.5.  NRS 633.581 is hereby amended to read as follows:

      633.581  1.  If an investigation by the Board regarding an osteopathic physician reasonably determines that the health, safety or welfare of the public or any patient served by the osteopathic physician is at risk of imminent or continued harm, the Board may summarily suspend the license of the osteopathic physician. The order of summary suspension may be issued by the Board, an investigative committee of the Board or the Executive Director of the Board after consultation with the President, Vice President or Secretary-Treasurer of the Board.

      2.  If the Board issues an order summarily suspending the license of an osteopathic physician pursuant to subsection 1, the Board shall hold a hearing regarding the matter not later than 45 days after the date on which the Board issues the order summarily suspending the license unless the Board and the licensee mutually agree to a longer period.

      3.  Notwithstanding the provisions of chapter 622A of NRS, if the Board issues an order summarily suspending the license of an osteopathic physician pending proceedings for disciplinary action and requires the physician to submit to a mental or physical examination or a medical competency examination, the examination shall be conducted and the results obtained not later than 60 days after the Board issues its order.

      Sec. 76.  NRS 633.625 is hereby amended to read as follows:

      633.625  1.  Any [osteopathic physician] licensee against whom the Board initiates disciplinary action pursuant to this chapter shall, within 30 days after the [osteopathic physician’s] licensee’s receipt of notification of the initiation of the disciplinary action, submit to the Board a complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      2.  The willful failure of [an osteopathic physician] a licensee to comply with the requirements of subsection 1 constitutes additional grounds for disciplinary action and the revocation of the license of the [osteopathic physician.] licensee.

      3.  The Board has additional grounds for initiating disciplinary action against [an osteopathic physician] a licensee if the report from the Federal Bureau of Investigation indicates that the [osteopathic physician] licensee has been convicted of:

      (a) An act that is a ground for disciplinary action pursuant to NRS 633.511; or

      (b) A felony set forth in NRS 633.741.

 


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

ê2009 Statutes of Nevada, Page 2988 (Chapter 494, SB 269)ê

 

      Sec. 77.  NRS 633.651 is hereby amended to read as follows:

      633.651  1.  If the Board finds a person guilty in a disciplinary proceeding, it shall by order take one or more of the following actions:

      (a) Place the person on probation for a specified period or until further order of the Board.

      (b) Administer to the person a public reprimand.

      (c) Limit the practice of the person to, or by the exclusion of, one or more specified branches of osteopathic medicine.

      (d) Suspend the license of the person to practice osteopathic medicine for a specified period or until further order of the Board.

      (e) Revoke the license of the person to practice osteopathic medicine.

      (f) Impose a fine not to exceed $5,000 for each violation.

      (g) Require supervision of the practice of the person.

      (h) Require the person to perform community service without compensation.

      (i) Require the person to complete any training or educational requirements specified by the Board.

      (j) Require the person to participate in a program to correct alcohol or drug dependence or any other impairment.

Ê The order of the Board may contain [such] any other terms, provisions or conditions as the Board deems proper and which are not inconsistent with law.

      2.  The Board shall not administer a private reprimand.

      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 78.  NRS 633.691 is hereby amended to read as follows:

      633.691  In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Board, a medical review panel of a hospital, a hearing officer, a panel of the Board, an employee or volunteer of a diversion program specified in NRS 633.561, or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of an osteopathic physician for gross malpractice, [repeated] malpractice, professional incompetence or unprofessional conduct is immune from any civil action for such initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

      Sec. 78.1.  Chapter 641 of NRS is hereby amended by adding thereto a new section to read as follows:

      “National examination” means the Examination for Professional Practice in Psychology in the form administered by the Association of State and Provincial Psychology Boards and approved for use in this State by the Board.

      Sec. 78.2.  NRS 641.020 is hereby amended to read as follows:

      641.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 641.021 to 641.027, inclusive, and section 78.1 of this act have the meanings ascribed to them in those sections.

      Sec. 78.3.  NRS 641.160 is hereby amended to read as follows:

      641.160  1.  Each person desiring a license must [make] :

      (a) Make application to the Board upon a form, and in a manner, prescribed by the Board. The application must be accompanied by the application fee prescribed by the Board and include all information required to complete the application.

 


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

ê2009 Statutes of Nevada, Page 2989 (Chapter 494, SB 269)ê

 

      (b) As part of his application and at his own expense:

            (1) Arrange to have a complete set of his fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Board; and

            (2) Submit to the Board:

                  (I) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background; or

                  (II) Written verification, on a form prescribed by the Board, stating that the set of fingerprints of the applicant was taken and directly forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History and that the applicant provided written permission authorizing the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background.

      2.  The Board may:

      (a) Unless the applicant’s fingerprints are directly forwarded pursuant to sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 1, submit those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Board deems necessary; and

      (b) Request from each agency to which the Board submits the fingerprints any information regarding the applicant’s background as the Board deems necessary.

      3.  An application is not considered complete and received for purposes of evaluation pursuant to subsection 2 of NRS 641.170 until the Board receives a complete set of fingerprints or verification that the fingerprints have been forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History, and written authorization from the applicant pursuant to this section.

      Sec. 78.4.  NRS 641.180 is hereby amended to read as follows:

      641.180  1.  Except as otherwise provided in this section and NRS 641.190, each applicant for a license must pass the [Examination for the Professional Practice of Psychology in the form administered by the Association of State and Provincial Psychology Boards and approved for use in this State by the Board.] national examination. In addition to [this written] the national examination, the Board may require an [oral] examination in whatever applied or theoretical fields it deems appropriate.

      2.  [The examination must be given at least once a year, and may be given more often if deemed necessary by the Board. The examination must be given at a time and place, and under such supervision, as the Board may determine.

      3.]  The Board shall notify each applicant of the results of his [written] national examination and [supply him with a copy of all material information about those results provided to the Board by the Association of State and Provincial Psychology Boards.

 


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

ê2009 Statutes of Nevada, Page 2990 (Chapter 494, SB 269)ê

 

information about those results provided to the Board by the Association of State and Provincial Psychology Boards.

      4.  If an applicant fails the examination, he may request in writing that the Board review his examination.

      5.] any other examination required pursuant to subsection 1.

      3.  The Board may waive the requirement of [a written] the national examination for a person who:

      (a) Is licensed in another state;

      (b) Has at least 10 [years] years’ experience; and

      (c) Is a diplomate in the American Board of Professional Psychology or a fellow in the American Psychological Association, or who has other equivalent status as determined by the Board.

      Sec. 78.5.  NRS 641.370 is hereby amended to read as follows:

      641.370  1.  The Board shall charge and collect not more than the following fees respectively:

 

For the [written] national examination, in addition to the actual cost to the Board of the examination............................................................................... $100

For [the special oral] any other examination [,] required pursuant to the provisions of subsection 1 of NRS 641.180, in addition to the actual costs to the Board of the examination................................................................................. 100

For the issuance of an initial license................................................ 25

For the biennial renewal of a license............................................. 500

For the restoration of a license suspended for the nonpayment of the biennial fee for the renewal of a license.................................................................... 100

For the registration of a firm, partnership or corporation which engages in or offers to engage in the practice of psychology....................................... 300

For the registration of a nonresident to practice as a consultant 100

 

      2.  An applicant who passes the national examination and any other examination required pursuant to the provisions of subsection 1 of NRS 641.180 and who is eligible for a license shall pay the biennial fee for the renewal of a license , which must be prorated for the period from the date the license is issued to the end of the biennium.

      3.  In addition to the fees set forth in subsection 1, the Board may charge and collect a fee for the expedited processing of a request or for any other incidental service it provides. The fee must not exceed the cost to provide the service.

      Sec. 79.  NRS 652.210 is hereby amended to read as follows:

      652.210  1.  Except as otherwise provided in subsection 2 and NRS 126.121, no person other than a licensed physician, a licensed optometrist, a licensed practical nurse, a registered nurse, a perfusionist, a physician assistant licensed pursuant to chapter 630 or 633 of NRS, a certified intermediate emergency medical technician, a certified advanced emergency medical technician, a practitioner of respiratory care licensed pursuant to chapter 630 of NRS or a licensed dentist may manipulate a person for the collection of specimens.

      2.  The technical personnel of a laboratory may collect blood, remove stomach contents, perform certain diagnostic skin tests or field blood tests or collect material for smears and cultures.

 


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

ê2009 Statutes of Nevada, Page 2991 (Chapter 494, SB 269)ê

 

      Sec. 80.  NRS 200.471 is hereby amended to read as follows:

      200.471  1.  As used in this section:

      (a) “Assault” means intentionally placing another person in reasonable apprehension of immediate bodily harm.

      (b) “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, matron or other correctional officer of a city or county jail;

            (5) A justice of the Supreme Court, 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; or

            (6) An employee of the State or a political subdivision of the State whose official duties require him to make home visits.

      (c) “Provider of health care” means a physician, 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 chiropractor, a chiropractor’s assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a dentist, a dental hygienist, a pharmacist, 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 and an emergency medical technician.

      (d) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

      (e) “Sporting event” has the meaning ascribed to it in NRS 41.630.

      (f) “Sports official” has the meaning ascribed to it in NRS 41.630.

      (g) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      (h) “Taxicab driver” means a person who operates a taxicab.

      (i) “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 duty or upon a sports official based on the performance of his 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.

 


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

ê2009 Statutes of Nevada, Page 2992 (Chapter 494, SB 269)ê

 

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 duty or upon a sports official based on the performance of his 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. 81.  NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  Any person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:

      (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:

            (1) The local office of the Aging Services Division of the Department of Health and Human Services;

            (2) A police department or sheriff’s office;

            (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

            (4) A toll-free telephone service designated by the Aging Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited or isolated.

      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 or isolation of the older person involves an act or omission of the Aging 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 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, chiropractor, 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 abuse counselor, alcohol and drug abuse counselor, athletic trainer, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.

 


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

ê2009 Statutes of Nevada, Page 2993 (Chapter 494, SB 269)ê

 

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 abuse counselor, alcohol and drug abuse counselor, athletic trainer, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.

      (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 or isolation of an older 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 426.218.

      (g) Any employee of the Department of Health and Human Services.

      (h) Any employee of a law enforcement agency or a county’s 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, exploitation or isolation of an older 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.

      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 has died as a result of abuse, neglect or isolation, 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 and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his 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 Services Division of the Department of Health and Human Services, must be forwarded to the Aging Services Division within 90 days after the completion of the report, and a copy of any final report of an investigation must be forwarded to the Unit for the Investigation and Prosecution of Crimes within 90 days after completion of the report.

 


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

ê2009 Statutes of Nevada, Page 2994 (Chapter 494, SB 269)ê

 

      8.  If the investigation of a report results in the belief that an older person is abused, neglected, exploited or isolated, the Aging Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person if he 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 in the Office of the Attorney General created pursuant to NRS 228.265.

      Sec. 82.  NRS 200.50935 is hereby amended to read as follows:

      200.50935  1.  Any person who is described in subsection 3 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that a vulnerable person has been abused, neglected, exploited or isolated shall:

      (a) Report the abuse, neglect, exploitation or isolation of the vulnerable person 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 vulnerable person has been abused, neglected, exploited or isolated.

      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 or isolation of the vulnerable person involves an act or omission of a law enforcement agency, the person shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.

      3.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, athletic trainer, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats a vulnerable person who appears to have been abused, neglected, exploited or isolated.

      (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 or isolation of a 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 nursing in the home.

      (e) Any employee of the Department of Health and Human Services.

      (f) Any employee of a law enforcement agency or an adult or juvenile probation officer.

      (g) Any person who maintains or is employed by a facility or establishment that provides care for vulnerable persons.

 


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

ê2009 Statutes of Nevada, Page 2995 (Chapter 494, SB 269)ê

 

      (h) 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 or isolation of a vulnerable person and refers them to persons and agencies where their requests and needs can be met.

      (i) Every social worker.

      (j) Any person who owns or is employed by a funeral home or mortuary.

      4.  A report may be made by any other person.

      5.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a vulnerable person has died as a result of abuse, neglect or isolation, 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 vulnerable person and submit to the appropriate local law enforcement agencies and the appropriate prosecuting attorney his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      6.  A law enforcement agency which receives a report pursuant to this section shall immediately initiate an investigation of the report.

      7.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 83.  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 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 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 pathologist, licensed hearing aid specialist, licensed marriage and family therapist, licensed clinical professional counselor, chiropractor or doctor of Oriental medicine in any form.

      Sec. 84.  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:

 


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

ê2009 Statutes of Nevada, Page 2996 (Chapter 494, SB 269)ê

 

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 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 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 pathologist, licensed hearing aid specialist, licensed marriage and family therapist, licensed clinical professional counselor, chiropractor or doctor of Oriental medicine in any form.

      Sec. 85.  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 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 his 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 professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug 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.

 


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

ê2009 Statutes of Nevada, Page 2997 (Chapter 494, SB 269)ê

 

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 physician, dentist, dental hygienist, chiropractor, 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 abuse counselor, alcohol and drug abuse counselor, clinical social worker, athletic trainer, advanced emergency medical technician or other person providing medical services licensed or certified in this State.

      (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 suspected abuse or neglect of a child by a member of the staff of the hospital.

      (c) A coroner.

      (d) A clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession.

      (e) A social worker and an administrator, teacher, librarian or counselor of a school.

      (f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child.

      (g) Any person licensed to conduct a foster home.

      (h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.

      (i) An attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect.

      (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 an approved youth shelter. As used in this paragraph, “approved youth shelter” has the meaning ascribed to it in NRS 244.422.

      (l) Any adult person who is employed by an entity that provides organized activities for children.

      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.

 


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

ê2009 Statutes of Nevada, Page 2998 (Chapter 494, SB 269)ê

 

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 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.

      Sec. 85.5.  Section 67 of this act is hereby amended to read as follows:

      Sec. 67.  1.  If the Board has reason to believe that a person has violated or is violating any provision of this chapter, the Board or any investigative committee of the Board may issue to the person a letter of warning, a letter of concern or a nonpunitive admonishment at any time before the Board initiates any disciplinary proceedings against the person.

      2.  The issuance of such a letter or admonishment:

      (a) Does not preclude the Board from initiating any disciplinary proceedings against the person or taking any disciplinary action against the person based on any conduct alleged or described in the letter or admonishment or any other conduct; and

      (b) Does not constitute a final decision of the Board and is not subject to judicial review.

      [3.  In addition to any action taken pursuant to subsection 1, if the Board has reason to believe that a person has violated or is violating any provision of this chapter, the Board or any investigative committee of the Board may negotiate a remediation agreement with the person. The remediation agreement must include, for each violation, a statement specifying each provision of this chapter or regulation adopted pursuant to this chapter that the Board has reason to believe that the person has violated or is violating. The remediation agreement must also set forth the terms and conditions specified by the Board or an investigative committee, including, without limitation, provisions that:

      (a) Address each violation of this chapter that is at issue; and

      (b) Remediate or improve the practice of the person relating to those violations.

      4.  A remediation agreement that is negotiated by an investigative committee of the Board must be presented to the Board for approval. Any remediation agreement presented to the Board pursuant to this subsection is a public record. The Board shall ensure that all identifying information regarding each person who is subject to the remediation agreement is removed. The remediation agreement becomes effective immediately upon approval of the remediation agreement by the Board. If the Board does not approve the remediation agreement, the Board shall refer the matter to the investigative committee that presented the remediation agreement to the Board. The investigative committee may further proceed with the matter as it deems appropriate.

      5.  A remediation agreement entered into pursuant to this section does not constitute disciplinary action against any person who is subject to the remediation agreement and is not reportable to any national database.

 


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

ê2009 Statutes of Nevada, Page 2999 (Chapter 494, SB 269)ê

 

subject to the remediation agreement and is not reportable to any national database. If the person violates a provision of the remediation agreement, the Board or the investigative committee of the Board with whom the remediation agreement was negotiated may take any action it deems appropriate, including, without limitation, initiating disciplinary proceedings against the person.

      6.  The Board shall adopt regulations to carry out the provisions of this section.]

      Sec. 86.  Section 121 of chapter 413, Statutes of Nevada 2007, at page 1869, is hereby amended to read as follows:

      Sec. 121.  1.  This act becomes effective:

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

      (b) On January 1, 2008, for all other purposes.

      2.  [The amendatory provisions of section 7 of this act expire by limitation on January 1, 2012.

      3.]  Sections 11 and 25 of this act expire by limitation on January 1, 2012.

      Sec. 87.  NRS 630.175 and 630.348 are hereby repealed.

      Sec. 88.  Section 7 of chapter 413, Statutes of Nevada 2007, at page 1825, is hereby repealed.

      Sec. 89.  Notwithstanding the amendatory provisions of this act:

      1.  A person may be licensed as a perfusionist without complying with the provisions of section 8 of this act if the person:

      (a) Is employed or otherwise working as a perfusionist on July 1, 2009;

      (b) Has been operating cardiopulmonary bypass systems during cardiac surgical cases in a licensed health care facility as his primary function for at least 6 of the 8 years immediately preceding the date of application; and

      (c) Before July 1, 2010, submits to the Board of Medical Examiners:

            (1) An application for a license to practice perfusion on a form provided by the Board;

            (2) The required fee established by the Board for the license; and

            (3) The information required pursuant to NRS 630.197, unless that section has expired by limitation and is no longer in effect.

      2.  If a person is employed or otherwise working as a perfusionist on July 1, 2009, but the person does not meet the qualifications to be licensed as a perfusionist pursuant to subsection 1 or, if so qualified, fails to obtain a license as a perfusionist pursuant to subsection 1, the person:

      (a) May continue to practice perfusion in this State until June 30, 2010, without holding a license to practice perfusion issued by the Board of Medical Examiners; and

      (b) Must, if the person wishes to continue to practice perfusion in this State on or after July 1, 2010, hold a license to practice perfusion issued by the Board.

      Sec. 90.  A person who, on October 1, 2009:

      1.  Is the holder of a valid restricted license issued pursuant to NRS 630.262 and who is otherwise qualified to hold such a license on that date shall be deemed to hold an authorized facility license issued pursuant to that section, as amended by section 38 of this act.

      2.  Is the holder of a valid license as a practitioner of respiratory care pursuant to NRS 630.277 and who is otherwise qualified to practice respiratory care on that date shall be deemed to hold such a license issued pursuant to that section, as amended by section 40 of this act.

 


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

ê2009 Statutes of Nevada, Page 3000 (Chapter 494, SB 269)ê

 

respiratory care on that date shall be deemed to hold such a license issued pursuant to that section, as amended by section 40 of this act.

      Sec. 91.  1.  This section and sections 27, 78.1 to 78.5, inclusive, 86, 88 and 89 of this act become effective upon passage and approval.

      2.  Sections 1, 2, 13.5, 14, 17, 18, 22, 23, 25, 26, 28, 30, 31, 32, 35 to 38.5, inclusive, 40, 41, 42, 43, 44, 47, 48, 49, 53, 54, 54.5, 57, 58, 66 to 69, inclusive, 70.5, 71 to 74, inclusive, 74.7 to 78, inclusive, 87 and 90 of this act become effective:

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

      (b) On October 1, 2009, for all other purposes.

      3.  Sections 1.7, 3 to 13, inclusive, 15, 16, 19, 20, 21, 24, 29, 33, 39, 45, 46, 50, 51, 52, 55, 59 to 65, inclusive, 70 and 79 to 85, inclusive, of this act become effective:

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

      (b) On July 1, 2010, for all other purposes.

      4.  Sections 1.3, 23.5, 41.5, 42.5, 70.7, 74.5 and 85.5 of this act become effective on July 1, 2011.

      5.  Section 33 of this act expires by limitation on the date 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 procedure 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 of the support of one or more children,

Ê are repealed by the Congress of the United States.

      6.  Section 34 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 of the support of one or more children,

Ê are repealed by the Congress of the United States.

      7.  Sections 34 and 60 of this act expire by limitation on the date 2 years after the date on which the provision of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

________

 


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

ê2009 Statutes of Nevada, Page 3001ê

 

CHAPTER 495, SB 295

Senate Bill No. 295–Senator Carlton

 

CHAPTER 495

 

AN ACT relating to dentistry; providing certain exceptions from the list of persons deemed to be practicing dentistry; providing that certain acts are not precluded pursuant to the statutes governing dentistry; providing for the revocation of the state business license, under certain circumstances, of a person who manages the business of a dental practice, office or clinic; and providing other matters properly relating thereto.

 

[Approved: June 9, 2009]

 

Legislative Counsel’s Digest:

      Existing law sets forth the acts which constitute the practice of dentistry and a list of related acts which may be performed by persons not licensed by the Board of Dental Examiners of Nevada. (NRS 631.215) Section 5 of this bill revises that list to provide that a person may provide certain goods or services to a dental practice, office or clinic owned or operated by a licensed dentist or certain entities, with certain limitations.

      Section 2 of this bill provides that a person or entity is not precluded by the provisions of chapter 631 of NRS from providing certain goods or services to a dental practice, office or clinic.

      Section 3 of this bill provides that the contracting for, provision of and payment for certain goods or services to a dental practice, office or clinic under certain circumstances do not constitute violations of law or cause for disciplinary action under chapter 631 of NRS.

      Section 3.5 of this bill requires a person who provides management services to a dental practice, office or clinic to register certain information with the Board.

      Sections 4.5 and 6 of this bill provide for the revocation of the state business license of a person who manages the business of a dental practice, office or clinic if the person commits certain prohibited acts.

      Section 4.7 of this bill revises the powers of the Board as they relate to the appointment of attorneys to authorize, but not require, the Attorney General, in his sole discretion, to serve as legal counsel for the Board at any time and in any and all matters.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 631 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4.5, inclusive, of this act.

      Sec. 2.  Nothing in this chapter precludes a person or entity not licensed by the Board from providing goods or services for the support of the business of a dental practice, office or clinic if the person or entity does not manage or control the clinical practice of dentistry. Such goods and services may include, without limitation, transactions involving:

      1.  Real and personal property, other than the ownership of the clinical records of patients; and

      2.  Personnel, other than licensed dentists and dental hygienists.

      Sec. 3.  1.  It is not a violation of NRS 631.395, or an act of dishonorable or unprofessional conduct under NRS 631.346 to 631.349, inclusive, for a person described in paragraph (f) of subsection 2 of NRS 631.215 to provide, or receive payment for providing, goods or services in accordance with the conditions set forth in paragraph (f) of subsection 2 of NRS 631.215.

 


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

ê2009 Statutes of Nevada, Page 3002 (Chapter 495, SB 295)ê

 

NRS 631.215 to provide, or receive payment for providing, goods or services in accordance with the conditions set forth in paragraph (f) of subsection 2 of NRS 631.215.

      2.  It is not a violation of NRS 631.346 for a dentist or a professional entity organized by a dentist pursuant to the provisions of chapter 89 of NRS to contract with a person described in and operating in accordance with the conditions set forth in paragraph (f) of subsection 2 of NRS 631.215.

      Sec. 3.5.  A person who manages the business of a dental practice, office or clinic shall register with the Board:

      1.  The name and business address of the person;

      2.  The address of the dental practice, office or clinic of the business which the person manages; and

      3.  The names of the licensed dentist or other entity not prohibited from owning or operating a dental practice, office or clinic whose business the person manages.

      Sec. 4.  (Deleted by amendment.)

      Sec. 4.5.  1.  If the Board determines that a person who provides goods or services for the support of the business of a dental practice, office or clinic has committed any act described in subparagraph (1) or (2) of paragraph (f) of subsection 2 of NRS 631.215, the Board may seek revocation of any state business license held by that person by submitting a request for such revocation to the Secretary of State.

      2.  Upon receipt of a request for a revocation of a state business license pursuant to subsection 1, the Secretary of State shall revoke that license in accordance with the provisions of this section and in the manner provided in section 18 of Assembly Bill No. 146 of this session as if the holder of the license had failed to comply with a provision of sections 6 to 18, inclusive, of Assembly Bill No. 146 of this session.

      3.  The Secretary of State shall not issue a new license to the former holder of a state business license revoked pursuant to this section unless the Secretary of State receives notification from the Board that the Board is satisfied that the person:

      (a) Will comply with any regulations of the Board adopted pursuant to the provisions of this chapter; and

      (b) Will not commit any act described in subparagraph (1) or (2) of paragraph (f) of subsection 2 of NRS 631.215 or any act prohibited by regulations of the Board adopted pursuant to the provisions of this chapter.

      4.  As used in this section, “state business license” has the meaning ascribed to it in section 9 of Assembly Bill No. 146 of this session.

      Sec. 4.7.  NRS 631.190 is hereby amended to read as follows:

      631.190  In addition to the powers and duties provided in this chapter, the Board shall:

      1.  Adopt rules and regulations necessary to carry out the provisions of this chapter.

      2.  Appoint such committees, examiners, officers, employees, agents, attorneys, investigators and other professional consultants and define their duties and incur such expense as it may deem proper or necessary to carry out the provisions of this chapter, the expense to be paid as provided in this chapter. Notwithstanding the provisions of this subsection, the Attorney General in his sole discretion may, but is not required to, serve as legal counsel for the Board at any time and in any and all matters.

 


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

ê2009 Statutes of Nevada, Page 3003 (Chapter 495, SB 295)ê

 

      3.  Fix the time and place for and conduct examinations for the granting of licenses to practice dentistry and dental hygiene.

      4.  Examine applicants for licenses to practice dentistry and dental hygiene.

      5.  Collect and apply fees as provided in this chapter.

      6.  Keep a register of all dentists and dental hygienists licensed in this State, together with their addresses, license numbers and renewal certificate numbers.

      7.  Have and use a common seal.

      8.  Keep such records as may be necessary to report the acts and proceedings of the Board. Except as otherwise provided in NRS 631.368, the records must be open to public inspection.

      9.  Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

      10.  Have discretion to examine work authorizations in dental offices or dental laboratories.

      Sec. 5.  NRS 631.215 is hereby amended to read as follows:

      631.215  1.  Any person shall be deemed to be practicing dentistry who:

      (a) Uses words or any letters or title in connection with his name which in any way represents him as engaged in the practice of dentistry, or any branch thereof;

      (b) Advertises or permits to be advertised by any medium that he can or will attempt to perform dental operations of any kind;

      (c) Diagnoses, professes to diagnose or treats or professes to treat any of the diseases or lesions of the oral cavity, teeth, gingiva or the supporting structures thereof;

      (d) Extracts teeth;

      (e) Corrects malpositions of the teeth or jaws;

      (f) Takes impressions of the teeth, mouth or gums, unless the person is authorized by the regulations of the Board to engage in such activities without being a licensed dentist;

      (g) Examines a person for, or supplies artificial teeth as substitutes for natural teeth;

      (h) Places in the mouth and adjusts or alters artificial teeth;

      (i) Does any practice included in the clinical dental curricula of accredited dental colleges or a residency program for those colleges;

      (j) Administers or prescribes such remedies, medicinal or otherwise, as are needed in the treatment of dental or oral diseases;

      (k) Uses X-ray radiation or laser radiation for dental treatment or dental diagnostic purposes, unless the person is authorized by the regulations of the Board to engage in such activities without being a licensed dentist;

      (l) Determines:

            (1) Whether a particular treatment is necessary or advisable; or

            (2) Which particular treatment is necessary or advisable; or

      (m) Dispenses tooth whitening agents or undertakes to whiten or bleach teeth by any means or method, unless the person is:

            (1) Dispensing or using a product that may be purchased over the counter for a person’s own use; or

            (2) Authorized by the regulations of the Board to engage in such activities without being a licensed dentist.

 


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

ê2009 Statutes of Nevada, Page 3004 (Chapter 495, SB 295)ê

 

      2.  Nothing in this section:

      (a) Prevents a dental assistant, dental hygienist or qualified technician from making radiograms or X-ray exposures or using X-ray radiation or laser radiation for dental treatment or dental diagnostic purposes upon the direction of a licensed dentist.

      (b) Prohibits the performance of mechanical work, on inanimate objects only, by any person employed in or operating a dental laboratory upon the written work authorization of a licensed dentist.

      (c) Prevents students from performing dental procedures that are part of the curricula of an accredited dental school or college or an accredited school of dental hygiene or an accredited school of dental assisting.

      (d) Prevents a licensed dentist or dental hygienist from another state or country from appearing as a clinician for demonstrating certain methods of technical procedures before a dental society or organization, convention or dental college or an accredited school of dental hygiene or an accredited school of dental assisting.

      (e) Prohibits the manufacturing of artificial teeth upon receipt of a written authorization from a licensed dentist if the manufacturing does not require direct contact with the patient.

      (f) Prohibits a person from providing goods or services for the support of the business of a dental practice, office or clinic owned or operated by a licensed dentist or any entity not prohibited from owning or operating a dental practice, office or clinic if the person does not:

            (1) Provide such goods or services in exchange for payments based on a percentage or share of revenues or profits of the dental practice, office or clinic; or

            (2) Exercise any authority or control over the clinical practice of dentistry.

      3.  The Board shall adopt regulations identifying activities that constitute the exercise of authority or control over the clinical practice of dentistry, including, without limitation, activities which:

      (a) Exert authority or control over the clinical judgment of a licensed dentist; or

      (b) Relieve a licensed dentist of responsibility for the clinical aspects of the dental practice.

Ê Such regulations must not prohibit or regulate aspects of the business relationship, other than the clinical practice of dentistry, between a licensed dentist or professional entity organized pursuant to the provisions of chapter 89 of NRS and the person or entity providing goods or services for the support of the business of a dental practice, office or clinic owned or operated by the licensed dentist or professional entity.

    Sec. 6.  (Deleted by amendment.)

________

 


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

ê2009 Statutes of Nevada, Page 3005ê

 

CHAPTER 496, SB 316

Senate Bill No. 316–Senators Copening, Parks, Woodhouse, Wiener; and Carlton

 

Joint Sponsor: Assemblyman Segerblom

 

CHAPTER 496

 

AN ACT relating to insurance; directing the Legislative Committee on Health Care to consider the establishment of a health insurance exchange in this State; and providing other matters properly relating thereto.

 

[Approved: June 9, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill requires the Legislative Committee on Health Care to consider the establishment of a health insurance exchange in this State.

      Section 2 of this bill requires the Legislative Committee on Health Care to provide to the Legislature any recommendations for legislation as a result of its consideration.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  During the 2009-2011 interim, the Legislative Committee on Health Care shall consider the establishment of a health insurance exchange that provides information on health insurance options and health care products, including, to the extent practicable, an examination of:

      (a) Whether a health insurance exchange would provide persons in this State with greater access, choice, portability and affordability of health insurance coverage;

      (b) The potential scope of a health insurance exchange;

      (c) The potential powers and duties of a health insurance exchange;

      (d) The benefits and value of a health insurance exchange to this State, including, without limitation, the extent to which the exchange may lower the cost of health care coverage;

      (e) The use of a health insurance exchange to receive and process employee premiums on a pretax basis pursuant to 26 U.S.C. § 125;

      (f) The eligibility criteria that a person or insurer must meet to participate in a health insurance exchange; and

      (g) The types of health care plans that may be offered through a health insurance exchange and the extent to which each such health care plan should be available for purchase only through the exchange.

      2.  As used in this section:

      (a) “Health care plan” means a policy, contract, certificate or agreement offered or issued to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.

      (b) “Health insurance exchange” means a program that provides information concerning health care plans, including, without limitation, information concerning costs, benefits, availability of and eligibility for health care plans.

 


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

ê2009 Statutes of Nevada, Page 3006 (Chapter 496, SB 316)ê

 

      Sec. 2.  The Legislative Committee on Health Care shall provide to the Legislature as a result of its consideration of any of the topics listed in section 1 of this act any recommendations for legislation.

________

 

CHAPTER 497, AB 309

Assembly Bill No. 309–Assemblymen Koivisto, McClain, Manendo, Leslie, Bobzien; Aizley, Anderson, Arberry, Atkinson, Claborn, Conklin, Dondero Loop, Hambrick, Hogan, Horne, Kihuen, Kirkpatrick, Mastroluca, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Segerblom, Smith and Spiegel

 

Joint Sponsors: Senators Carlton, Parks, Copening; Coffin, and Schneider

 

CHAPTER 497

 

AN ACT relating to crimes; revising provisions relating to the crime of stalking; revising provisions relating to the Nevada Clean Indoor Air Act; and providing other matters properly relating thereto.

 

[Approved: June 9, 2009]

 

Legislative Counsel’s Digest:

      Existing law prohibits stalking and authorizes the issuance of a temporary or extended order restricting certain conduct related to the crime of stalking, aggravated stalking or harassment. (NRS 200.575, 200.591) Section 1 of this bill includes within the definition of the crime of stalking a course of conduct which would cause a reasonable person to feel fearful for the immediate safety of a member of the person’s family or household and which actually causes a victim to feel such fear. Sections 1, 3 and 4 of this bill add text messaging to the existing crime of stalking with the use of a communication device, which is punishable as a category C felony.

      The Nevada Clean Indoor Air Act, which is currently codified as NRS 202.2483, was proposed by an initiative petition and approved by the voters at the 2006 General Election and therefore is not subject to legislative amendment or repeal until after December 8, 2009. The Act generally prohibits the smoking of tobacco in certain locations, such as within indoor places of employment, within school buildings and on school property.

      Section 1.5 of this bill revises the provisions of the Act by authorizing the smoking of tobacco in certain convention facilities during certain meetings and trade shows.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 200.575 is hereby amended to read as follows:

      200.575  1.  A person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated , [or] harassed [,] or fearful for the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated , [or] harassed [,] or fearful for the immediate safety of a family or household member, commits the crime of stalking. Except where the provisions of subsection 2 or 3 are applicable, a person who commits the crime of stalking:

 


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

ê2009 Statutes of Nevada, Page 3007 (Chapter 497, AB 309)ê

 

      (a) For the first offense, is guilty of a misdemeanor.

      (b) For any subsequent offense, is guilty of a gross misdemeanor.

      2.  A person who commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause him to be placed in reasonable fear of death or substantial bodily harm commits the crime of aggravated stalking. A person who commits the crime of aggravated stalking shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.

      3.  A person who commits the crime of stalking with the use of an Internet or network site , [or] electronic mail , text messaging or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as provided in NRS 193.130.

      4.  Except as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided for in this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.

      5.  The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.

      6.  As used in this section:

      (a) “Course of conduct” means a pattern of conduct which consists of a series of acts over time that evidences a continuity of purpose directed at a specific person.

      (b) “Family or household member” means a spouse, a former spouse, a parent or other person who is related by blood or marriage or is or was actually residing with the person.

      (c) “Internet or network site” has the meaning ascribed to it in NRS 205.4744.

      [(c)] (d) “Network” has the meaning ascribed to it in NRS 205.4745.

      [(d)] (e) “Provider of Internet service” has the meaning ascribed to it in NRS 205.4758.

      [(e)] (f) “Text messaging” means a communication in the form of electronic text or one or more electronic images sent from a telephone or computer to another person’s telephone or computer by addressing the communication to the recipient’s telephone number.

      (g) “Without lawful authority” includes acts which are initiated or continued without the victim’s consent. The term does not include acts which are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent jurisdiction, including, but not limited to:

            (1) Picketing which occurs during a strike, work stoppage or any other labor dispute.

            (2) The activities of a reporter, photographer, cameraman or other person while gathering information for communication to the public if that person is employed or engaged by or has contracted with a newspaper, periodical, press association or radio or television station and is acting solely within that professional capacity.

 


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

ê2009 Statutes of Nevada, Page 3008 (Chapter 497, AB 309)ê

 

            (3) The activities of a person that are carried out in the normal course of his lawful employment.

            (4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.

      Sec. 1.5.  NRS 202.2483 is hereby amended to read as follows:

      202.2483  1.  Except as otherwise provided in subsection 3, smoking tobacco in any form is prohibited within indoor places of employment including, but not limited to, the following:

      (a) Child care facilities;

      (b) Movie theatres;

      (c) Video arcades;

      (d) Government buildings and public places;

      (e) Malls and retail establishments;

      (f) All areas of grocery stores; and

      (g) All indoor areas within restaurants.

      2.  Without exception, smoking tobacco in any form is prohibited within school buildings and on school property.

      3.  Smoking tobacco is not prohibited in:

      (a) Areas within casinos where loitering by minors is already prohibited by state law pursuant to NRS 463.350;

      (b) Stand-alone bars, taverns and saloons;

      (c) Strip clubs or brothels;

      (d) Retail tobacco stores; and

      (e) Private residences, including private residences which may serve as an office workplace, except if used as a child care, an adult day care or a health care facility [.] ; and

      (f) The area of a convention facility in which a meeting or trade show is being held, during the time the meeting or trade show is occurring, if the meeting or trade show:

            (1) Is not open to the public;

            (2) Is being produced or organized by a business relating to tobacco or a professional association for convenience stores; and

            (3) Involves the display of tobacco products.

      4.  In areas or establishments where smoking is not prohibited by this section, nothing in state law shall be construed to prohibit the owners of said establishments from voluntarily creating nonsmoking sections or designating the entire establishment as smoke free.

      5.  Nothing in state law shall be construed to restrict local control or otherwise prohibit a county, city or town from adopting and enforcing local tobacco control measures that meet or exceed the minimum applicable standards set forth in this section.

      6.  “No Smoking” signs or the international “No Smoking” symbol shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this section. Each public place and place of employment where smoking is prohibited shall post, at every entrance, a conspicuous sign clearly stating that smoking is prohibited. All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited.

      7.  Health authorities, police officers of cities or towns, sheriffs and their deputies shall, within their respective jurisdictions, enforce the provisions of this section and shall issue citations for violations of this section pursuant to NRS 202.2492 and NRS 202.24925.

 


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

ê2009 Statutes of Nevada, Page 3009 (Chapter 497, AB 309)ê

 

      8.  No person or employer shall retaliate against an employee, applicant or customer for exercising any rights afforded by, or attempts to prosecute a violation of, this section.

      9.  For the purposes of this section, the following terms have the following definitions:

      (a) “Casino” means an entity that contains a building or large room devoted to gambling games or wagering on a variety of events. A casino must possess a nonrestricted gaming license as described in NRS 463.0177 and typically uses the word ‘casino’ as part of its proper name.

      (b) “Child care facility” has the meaning ascribed to it in NRS 432A.024.

      (c) “Completely enclosed area” means an area that is enclosed on all sides by any combination of solid walls, windows or doors that extend from the floor to the ceiling.

      (d) “Government 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; or

            (3) Any county, city, school district or other political subdivision of the State and used for any public purpose.

      (e) “Health authority” has the meaning ascribed to it in NRS 202.2485.

      (f) “Incidental food service or sales” means the service of prepackaged food items including, but not limited to, peanuts, popcorn, chips, pretzels or any other incidental food items that are exempt from food licensing requirements pursuant to subsection 2 of NRS 446.870.

      (g) “Place of employment” means any enclosed area under the control of a public or private employer which employees frequent during the course of employment including, but not limited to, work areas, restrooms, hallways, employee lounges, cafeterias, conference and meeting rooms, lobbies and reception areas.

      (h) “Public places” means any enclosed areas to which the public is invited or in which the public is permitted.

      (i) “Restaurant” means a business which gives or offers for sale food, with or without alcoholic beverages, to the public, guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere.

      (j) “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

      (k) “School building” means all buildings on the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.

      (l) “School property” means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.

      (m) “Stand-alone bar, tavern or saloon” means an establishment devoted primarily to the sale of alcoholic beverages to be consumed on the premises, in which food service is incidental to its operation, and provided that smoke from such establishments does not infiltrate into areas where smoking is prohibited under the provisions of this section. In addition, a stand-alone bar, tavern or saloon must be housed in either:

 


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

ê2009 Statutes of Nevada, Page 3010 (Chapter 497, AB 309)ê

 

            (1) A physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplaces where smoking is prohibited by this section; or

            (2) A completely enclosed area of a larger structure, such as a strip mall or an airport, provided that indoor windows must remain shut at all times and doors must remain closed when not actively in use.

      (n) “Video arcade” has the meaning ascribed to it in paragraph (d) of subsection 3 of NRS 453.3345.

      10.  Any statute or regulation inconsistent with this section is null and void.

      11.  The provisions of this section are severable. If any provision of this section or the application thereof is declared by a court of competent jurisdiction to be invalid or unconstitutional, such declaration shall not affect the validity of the section as a whole or any provision thereof other than the part declared to be invalid or unconstitutional.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  NRS 176A.413 is hereby amended to read as follows:

      176A.413  1.  Except as otherwise provided in subsection 2, if a defendant is convicted of stalking with the use of an Internet or network site , [or] electronic mail , text messaging or any other similar means of communication pursuant to subsection 3 of NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, or luring a child or a person with mental illness through the use of a computer, system or network pursuant to paragraph (a) or (b) of subsection 4 of NRS 201.560 and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

      2.  The court is not required to impose a condition of probation or suspension of sentence set forth in subsection 1 if the court finds that:

      (a) The use of a computer by the defendant will assist a law enforcement agency or officer in a criminal investigation;

      (b) The defendant will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or

      (c) The use of the computer by the defendant will assist companies that require the use of the specific technological knowledge of the defendant that is unique and is otherwise unavailable to the company.

      3.  Except as otherwise provided in subsection 1, if a defendant is convicted of an offense that involved the use of a computer, system or network and the court grants probation or suspends the sentence, the court may, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

      4.  As used in this section:

      (a) “Computer” has the meaning ascribed to it in NRS 205.4735.

      (b) “Network” has the meaning ascribed to it in NRS 205.4745.

      (c) “System” has the meaning ascribed to it in NRS 205.476.

      (d) “Text messaging” has the meaning ascribed to it in NRS 200.575.

 


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

ê2009 Statutes of Nevada, Page 3011 (Chapter 497, AB 309)ê

 

      Sec. 4.  NRS 213.1258 is hereby amended to read as follows:

      213.1258  1.  Except as otherwise provided in subsection 2, if the Board releases on parole a prisoner convicted of stalking with the use of an Internet or network site , [or] electronic mail , text messaging or any other similar means of communication pursuant to subsection 3 of NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, or luring a child or a person with mental illness through the use of a computer, system or network pursuant to paragraph (a) or (b) of subsection 4 of NRS 201.560, the Board shall, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

      2.  The Board is not required to impose a condition of parole set forth in subsection 1 if the Board finds that:

      (a) The use of a computer by the parolee will assist a law enforcement agency or officer in a criminal investigation;

      (b) The parolee will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or

      (c) The use of the computer by the parolee will assist companies that require the use of the specific technological knowledge of the parolee that is unique and is otherwise unavailable to the company.

      3.  Except as otherwise provided in subsection 1, if the Board releases on parole a prisoner convicted of an offense that involved the use of a computer, system or network, the Board may, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

      4.  As used in this section:

      (a) “Computer” has the meaning ascribed to it in NRS 205.4735.

      (b) “Network” has the meaning ascribed to it in NRS 205.4745.

      (c) “System” has the meaning ascribed to it in NRS 205.476.

      (d) “Text messaging” has the meaning ascribed to it in NRS 200.575.

      Sec. 5.  1.  This section and sections 1, 3 and 4 of this act become effective on October 1, 2009.

      2.  Section 1.5 of this act becomes effective on December 9, 2009.

________

 


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

ê2009 Statutes of Nevada, Page 3012ê

 

CHAPTER 498, SB 218

Senate Bill No. 218–Senators Parks, Coffin, Care, Nolan, Horsford; Breeden, Copening, Lee, Schneider, Wiener and Woodhouse

 

Joint Sponsors: Assemblymen Spiegel, Atkinson, Koivisto, Anderson, Bobzien; Claborn, Manendo, Mastroluca, McClain, Ohrenschall, Pierce, Segerblom, Settelmeyer and Stewart

 

CHAPTER 498

 

AN ACT relating to motor vehicles; specifically authorizing constables to issue citations for failure to register vehicles that are required to be registered in this State; increasing the fee to which constables are entitled for removing or causing the removal of abandoned vehicles from public property; revising the penalties for failure to register certain motor vehicles; and providing other matters properly relating thereto.

 

[Approved: June 9, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill specifically authorizes constables to issue citations for the failure to register a vehicle that is required by existing law to be registered in this State and requires constables to charge and collect a fee from the person to whom the citation is issued. The citation is to be issued to the owner of the vehicle or the driver if the driver is not the owner but is the party responsible for registering the vehicle pursuant to existing law. (NRS 258.070) Sections 3 and 4 of this bill clarify that constables are entitled to demand and to view the certificate of registration and to request information to determine whether the vehicle is required to be registered in this State. (NRS 482.255, 482.385)

      Section 2 of this bill increases the fee to which constables are entitled for their services of removing or causing the removal of an abandoned vehicle from public property from $50 to $100. (NRS 258.125)

      Existing law requires a person, within 60 days of becoming a resident of this State or at the time he obtains his driver’s license, to apply for registration for each vehicle he owns which is operated in this State. (NRS 482.385) Section 4 of this bill increases the fine for failing to comply with that requirement from a minimum of $250 and a maximum of $500 to a $1,000 fine, and provides that the fine may be reduced to not less than $200 if the person provides proof of registration of the vehicle in Nevada at the time of his hearing.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 258.070 is hereby amended to read as follows:

      258.070  1.  Each constable shall:

      (a) Be a peace officer in his township.

      (b) Serve all mesne and final process issued by a court of competent jurisdiction.

      (c) Execute the process, writs or warrants that he is authorized to receive pursuant to NRS 248.100.

      (d) Discharge such other duties as are or may be prescribed by law.

      2.  Pursuant to the procedures and subject to the limitations set forth in chapters 482 and 484 of NRS, a constable may issue a citation to an owner or driver, as appropriate, of a vehicle that is required to be registered in this State if the constable determines that the vehicle is not properly registered.

 


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

ê2009 Statutes of Nevada, Page 3013 (Chapter 498, SB 218)ê

 

registered in this State if the constable determines that the vehicle is not properly registered. The constable shall, upon the issuance of such citation, charge and collect a fee of $100 from the person to whom the citation is issued, which may be retained by the constable as compensation.

      3.  If a sheriff or his deputy in any county in this State arrests a person charged with a criminal offense or in the commission of an offense, the sheriff or his deputy shall serve all process, whether mesne or final, and attend the court executing the order thereof in the prosecution of the person so arrested, whether in a justice court or a district court, to the conclusion, and whether the offense is an offense of which a justice of the peace has jurisdiction, or whether the proceeding is a preliminary examination or hearing. The sheriff or his deputy shall collect the same fees and in the same manner therefor as the constable of the township in which the justice court is held would receive for the same service.

      Sec. 2.  NRS 258.125 is hereby amended to read as follows:

      258.125  1.  Constables are entitled to the following fees for their services:

 

For serving a summons or other process by which a suit is commenced in civil cases  $17

For summoning a jury before a justice of the peace........................ 7

For taking a bond or undertaking........................................................ 5

For serving an attachment against the property of a defendant..... 9

For serving subpoenas, for each witness......................................... 15

For a copy of any writ, process or order or other paper, when demanded or required by law, per folio............................................................................................. 3

For drawing and executing every constable’s deed, to be paid by the grantee, who must also pay for the acknowledgment thereof.......................................... 20

For each certificate of sale of real property under execution........ 5

For levying any writ of execution or writ of garnishment, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons........................................................................................... 9

For serving one notice required by law before the commencement of a proceeding for any type of eviction.............................................................................. 26

For serving not fewer than 2 nor more than 10 such notices to the same location, each notice.......................................................................................................... 20

For serving not fewer than 11 nor more than 24 such notices to the same location, each notice............................................................................................... 17

For serving 25 or more such notices to the same location, each notice    15

For mileage in serving such a notice, for each mile necessarily and actually traveled in going only......................................................................................... 2

But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.

For each service in a summary eviction, except service of any notice required by law before commencement of the proceeding, and for serving notice of and executing a writ of restitution....................................................................................... 21

 


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

ê2009 Statutes of Nevada, Page 3014 (Chapter 498, SB 218)ê

 

For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper........................ $9

For each warrant lawfully executed................................................. 48

For mileage in serving summons, attachment, execution, order, venire, subpoena, notice, summary eviction, writ of restitution or other process in civil suits, for each mile necessarily and actually traveled, in going only........................ 2

But when two or more persons are served in the same suit, mileage may only be charged for the most distant, if they live in the same direction.

For mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpoena or other process in civil suits, for each mile necessarily and actually traveled, in going only........................ 2

But mileage may not exceed $20 for any unsuccessful effort to serve such process.

 

      2.  A constable is also entitled to receive:

      (a) For receiving and taking care of property on execution, attachment or order, his actual necessary expenses, to be allowed by the court which issued the writ or order, upon the affidavit of the constable that the charges are correct and the expenses necessarily incurred.

      (b) For collecting all sums on execution or writ, to be charged against the defendant, on the first $3,500, 2 percent thereof, and on all amounts over that sum, one-half of 1 percent.

      (c) For service in criminal cases, except for execution of warrants, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.

      (d) For removing or causing the removal of, pursuant to NRS 487.230, a vehicle that has been abandoned on public property, [$50.] $100.

      3.  Deputy sheriffs acting as constables are not entitled to retain for their own use any fees collected by them, but the fees must be paid into the county treasury on or before the fifth working day of the month next succeeding the month in which the fees were collected.

      4.  Constables shall, on or before the fifth working day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

      Sec. 3.  NRS 482.255 is hereby amended to read as follows:

      482.255  1.  Upon receipt of a certificate of registration, the owner shall place it or a legible copy in the vehicle for which it is issued and keep it in the vehicle. If the vehicle is a motorcycle, trailer or semitrailer, he shall carry the certificate in the tool bag or other convenient receptacle attached to the vehicle.

      2.  The owner or operator of a motor vehicle shall, upon demand, surrender the certificate of registration or the copy for examination to any peace officer, including a constable, or a justice of the peace or deputy of the Department.

      3.  No person charged with violating this section may be convicted if he produces in court a certificate of registration which was previously issued to him and was valid at the time of the demand.

 


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

ê2009 Statutes of Nevada, Page 3015 (Chapter 498, SB 218)ê

 

      Sec. 4.  NRS 482.385 is hereby amended to read as follows:

      482.385  1.  Except as otherwise provided in subsection [4] 5 and NRS 482.390, a nonresident owner of a vehicle of a type subject to registration pursuant to the provisions of this chapter, owning any vehicle which has been registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this State has displayed upon it the registration license plate issued for the vehicle in the place of residence of the owner, may operate or permit the operation of the vehicle within this State without its registration in this State pursuant to the provisions of this chapter and without the payment of any registration fees to this State.

      2.  This section does not:

      (a) Prohibit the use of manufacturers’, distributors’ or dealers’ license plates issued by any state or country by any nonresident in the operation of any vehicle on the public highways of this State.

      (b) Require registration of vehicles of a type subject to registration pursuant to the provisions of this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.

      (c) Require registration of a vehicle operated by a border state employee.

      3.  When a person, formerly a nonresident, becomes a resident of this State, he shall:

      (a) Within 60 days after becoming a resident; or

      (b) At the time he obtains his driver’s license,

Ê whichever occurs earlier, apply for the registration of each vehicle he owns which is operated in this State. When a person, formerly a nonresident, applies for a driver’s license in this State, the Department shall inform the person of the requirements imposed by this subsection and of the penalties that may be imposed for failure to comply with the provisions of this subsection. A citation may be issued pursuant to this subsection only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense. [A person who violates the provisions of this subsection is guilty of a misdemeanor and shall be punished by a fine of not less than $250 nor more than $500 and such fine is in addition to any fine or penalty imposed for the other alleged violation or offense for which the vehicle was halted or its driver arrested. In addition, the] The Department shall maintain or cause to be maintained a list or other record of persons who fail to comply with the provisions of this subsection and shall, at least once each month, provide a copy of that list or record to the Department of Public Safety.

      4.  A person who violates the provisions of subsection 3 is guilty of a misdemeanor and, except as otherwise provided in this subsection, shall be punished by a fine of $1,000. The fine imposed pursuant to this subsection is in addition to any fine or penalty imposed for the other alleged violation or offense for which the vehicle was halted or its driver arrested pursuant to subsection 3. The fine imposed pursuant to this subsection may be reduced to not less than $200 if the person presents evidence at the time of his hearing that he has registered the vehicle pursuant to this chapter.

 


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

ê2009 Statutes of Nevada, Page 3016 (Chapter 498, SB 218)ê

 

      5.  Any resident operating upon a highway of this State a motor vehicle which is owned by a nonresident and which is furnished to the resident operator for his continuous use within this State, shall cause that vehicle to be registered within 60 days after beginning its operation within this State.

      [5.] 6.  A person registering a vehicle pursuant to the provisions of subsection 3, [4] 5 or [6] 7 or pursuant to NRS 482.390:

      (a) Must be assessed the registration fees and governmental services tax, as required by the provisions of this chapter and chapter 371 of NRS; and

      (b) Must not be allowed credit on those taxes and fees for the unused months of his previous registration.

      [6.] 7.  If a vehicle is used in this State for a gainful purpose, the owner shall immediately apply to the Department for registration, except as otherwise provided in NRS 482.390, 482.395 and 706.801 to 706.861, inclusive.

      [7.] 8.  An owner registering a vehicle pursuant to the provisions of this section shall surrender the existing nonresident license plates and registration certificates to the Department for cancellation.

      [8.] 9.  A vehicle may be cited for a violation of this section regardless of whether it is in operation or is parked on a highway, in a public parking lot or on private property which is open to the public if, after communicating with the owner or operator of the vehicle, the peace officer issuing the citation determines that:

      (a) The owner of the vehicle is a resident of this State; or

      (b) The vehicle is used in this State for a gainful purpose.

Ê As used in this subsection, “peace officer” includes a constable.

________

 


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

ê2009 Statutes of Nevada, Page 3017ê

 

CHAPTER 499, SB 92

Senate Bill No. 92–Committee on Government Affairs

 

CHAPTER 499

 

AN ACT relating to notaries public; providing for electronic notarization; authorizing the Secretary of State to appoint electronic notaries public; revising provisions for the appointment of resident and nonresident notaries public; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 9, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, the Secretary of State is authorized to appoint notaries public in this State. (NRS 240.010) Sections 3-26 of this bill enact the Electronic Notary Public Authorization Act, which authorizes the Secretary of State to appoint electronic notaries public who will be authorized to notarize electronic documents.

      Sections 2 and 5-10 of this bill set forth various definitions relating to electronic notarization. Section 12 of this bill requires that a person seeking appointment as an electronic notary public already be a notary public in Nevada and successfully complete a course of study on electronic notarization, enter into a bond, pay an application fee and take an oath as a public officer. Section 14 of this bill provides that the initial term of appointment for an electronic notary public is 2 years and any subsequent term of appointment is 4 years. Section 16 of this bill states that an electronic notary public may perform the same notarial acts as a notary public except for certifying copies and noting protests of a negotiable instrument, and section 17 of this bill sets forth the fees he may charge. Section 18 of this bill prohibits the electronic notarization of a will, codicil, testamentary trust or any document related to transactions governed by certain sections of the Uniform Commercial Code, as prohibited by the Uniform Electronic Transactions Act, codified as chapter 719 of NRS. (NRS 719.200) Section 19 of this bill sets forth the specific requirements that distinguish the notarization of an electronic document from a nonelectronic notarization, including the use of an electronic signature and an electronic seal. Sections 21 and 22 of this bill provide that an electronic notary public must safeguard his electronic signature and any software or device used in producing that signature. Section 23 of this bill makes it a gross misdemeanor to: (1) wrongfully make or distribute software or hardware for the purpose of allowing a person to act as an electronic notary public without being appointed; or (2) wrongfully obtain, conceal, damage or destroy the software or hardware used by an electronic notary public. Section 25 of this bill authorizes the Secretary of State to promulgate regulations to carry out the provisions of the Electronic Notary Public Authorization Act. Section 26 of this bill provides that all the laws which apply to regular notaries public apply to electronic notaries public unless a provision of the Electronic Notary Public Authorization Act conflicts, in which case the latter controls.

      Existing law prohibits a person who has been convicted of a crime of moral turpitude or a person who does not possess his civil rights from being appointed as a notary public. (NRS 240.010, 240.015) Section 29 of this bill authorizes the Secretary of State to appoint as a notary public a person who was convicted of certain crimes if: (1) more than 10 years have passed since the end of his sentence, parole or probation; (2) he has made restitution, if applicable; (3) he has had his civil rights restored; and (4) the crime for which he was convicted was not one of an enumerated list of crimes involving dishonesty or identity theft.

 


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

ê2009 Statutes of Nevada, Page 3018 (Chapter 499, SB 92)ê

 

      Existing law allows a resident of an adjoining state to be appointed as a notary public in Nevada if he maintains or works for a business in Nevada. (NRS 240.015) Sections 30-32 of this bill amend the requirements for a nonresident notary public to further require a copy of a state business license and any other business license required by a local government where the business is located as proof of employment or self-employment in Nevada when applying for an appointment or the renewal of an appointment as a nonresident notary public.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 240 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 26, inclusive, of this act.

      Sec. 2.  “Notarial record” means:

      1.  The journal that a notary public is required to keep pursuant to NRS 240.120;

      2.  The journal that an electronic notary public is required to keep pursuant to section 20 of this act; and

      3.  A document or other evidence retained by a notary public or an electronic notary public to record the performance of a notarial act or an electronic notarial act.

      Sec. 3.  Sections 3 to 26, inclusive, of this act may be cited as the Electronic Notary Public Authorization Act.

      Sec. 4.  As used in sections 3 to 26, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 to 10, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 5.  “Electronic” means of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

      Sec. 6.  “Electronic document” means a document that is created, generated, sent, communicated, received or stored by electronic means.

      Sec. 7.  “Electronic notarial act” means an act that an electronic notary public of this State is authorized to perform. The term includes:

      1.  Taking an acknowledgment;

      2.  Administering an oath or affirmation;

      3.  Executing a jurat; and

      4.  Performing such other duties as may be prescribed by a specific statute.

      Sec. 8.  “Electronic notary public” means a person appointed by the Secretary of State pursuant to sections 3 to 26, inclusive, of this act to perform electronic notarial acts.

      Sec. 9.  “Electronic seal” means information within a notarized electronic document that includes the name, jurisdiction and expiration date of the appointment of an electronic notary public and generally includes the information required to be set forth in a mechanical stamp pursuant to NRS 240.040.

      Sec. 10.  “Electronic signature” means an electronic symbol or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document.

      Sec. 11.  1.  The Secretary of State may appoint electronic notaries public in this State.

 


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

ê2009 Statutes of Nevada, Page 3019 (Chapter 499, SB 92)ê

 

      2.  The Secretary of State shall not appoint as an electronic notary public a person who submits an application containing a substantial and material misstatement or omission of fact.

      3.  An electronic notary public may cancel his appointment by submitting a written notice to the Secretary of State.

      4.  It is unlawful for a person to:

      (a) Represent himself as an electronic notary public appointed pursuant to this section if he has not received a certificate of appointment from the Secretary of State pursuant to section 12 of this act.

      (b) Submit an application for appointment as an electronic notary public that contains a substantial and material misstatement or omission of fact.

      5.  The Secretary of State may request that the Attorney General bring an action to enjoin any violation of paragraph (a) of subsection 4.

      Sec. 12.  1.  Each person applying for appointment as an electronic notary public must:

      (a) At the time of application, be a notarial officer in this State and have been a notarial officer in this State for not less than 4 years;

      (b) Submit to the Secretary of State an electronic application pursuant to subsection 2;

      (c) Pay to the Secretary of State an application fee of $50;

      (d) Take and subscribe to the oath set forth in Section 2 of Article 15 of the Constitution of the State of Nevada as if he were a public officer;

      (e) Submit to the Secretary of State proof satisfactory to the Secretary of State that he has successfully completed a course of study provided pursuant to section 15 of this act; and

      (f) Enter into a bond to the State of Nevada in the sum of $10,000, to be filed with the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. The applicant must submit to the Secretary of State a certificate issued by the appropriate county clerk which indicates that the applicant filed the bond required pursuant to this paragraph.

      2.  The application for an appointment as an electronic notary public must be submitted as an electronic document and must contain, without limitation, the following information:

      (a) The applicant’s full legal name, and the name to be used for appointment, if different.

      (b) The county in which the applicant resides.

      (c) The electronic mail address of the applicant.

      (d) A description of the technology or device, approved by the Secretary of State, that the applicant intends to use to create his electronic signature in performing electronic notarial acts.

      (e) The electronic signature of the applicant.

      (f) Any other information requested by the Secretary of State.

      3.  An applicant for appointment as an electronic notary public who resides in an adjoining state, in addition to the requirements set forth in subsections 1 and 2, must submit to the Secretary of State with his application:

      (a) An affidavit setting forth the adjoining state in which he resides, his mailing address and the address of his place of business or employment that is located within the State of Nevada;

 


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

ê2009 Statutes of Nevada, Page 3020 (Chapter 499, SB 92)ê

 

      (b) A copy of his state business license issued pursuant to NRS 360.780 and any business license required by the local government where his business is located, if he is self-employed; and

      (c) Unless the applicant is self-employed, a copy of the state business license of his employer issued pursuant to NRS 360.780, a copy of any business license of his employer that is required by the local government where the business is located and an affidavit from his employer setting forth the facts which show that the employer regularly employs the applicant at an office, business or facility which is located within the State of Nevada.

      4.  In completing an application, bond, oath or other document necessary to apply for appointment as an electronic notary public, an applicant must not be required to disclose his residential address or telephone number on any such document which will become available to the public.

      5.  The bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when he applies for his appointment or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. On a form provided by the Secretary of State, the county clerk shall immediately certify to the Secretary of State that the required bond and oath have been filed and recorded. Upon receipt of the application, fee and certification that the required bond and oath have been filed and recorded, the Secretary of State shall issue a certificate of appointment as an electronic notary public to the applicant.

      6.  The term of an electronic notary public commences on the effective date of the bond required pursuant to paragraph (f) of subsection 1. An electronic notary public shall not perform an electronic notarial act after the effective date of the bond unless he has been issued a certificate of appointment pursuant to subsection 5.

      7.  Except as otherwise provided in this subsection, the Secretary of State shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to an electronic notary public. If the electronic notary public does not receive an original certificate of appointment, the Secretary of State shall provide a duplicate certificate of appointment without charge if the electronic notary public requests such a duplicate within 60 days after the date on which the original certificate was issued.

      Sec. 13.  1.  The bond required to be filed pursuant to section 12 of this act must be executed by the person applying to become an electronic notary public as principal and by a surety company qualified and authorized to do business in this State. The bond must be made payable to the State of Nevada and be conditioned to provide indemnification to a person determined to have suffered damage as a result of an act by the electronic notary public which violates a provision of NRS 240.001 to 240.169, inclusive, or sections 3 to 26, inclusive, of this act. The surety company shall pay a final, nonappealable judgment of a court of this State that has jurisdiction, upon receipt of written notice of final judgment. The bond may be continuous, but regardless of the duration of the bond, the aggregate liability of the surety does not exceed the penal sum of the bond.

 


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

ê2009 Statutes of Nevada, Page 3021 (Chapter 499, SB 92)ê

 

      2.  If the penal sum of the bond is exhausted, the surety company shall notify the Secretary of State in writing within 30 days after its exhaustion.

      3.  The surety bond must cover the period of the appointment of the electronic notary public, except when a surety is released.

      4.  A surety on a bond filed pursuant to section 12 of this act may be released after the surety gives 30 days’ written notice to the Secretary of State and the electronic notary public, but the release does not discharge or otherwise affect a claim filed by a person for damage resulting from an act of the electronic notary public which is alleged to have occurred while the bond was in effect.

      5.  The appointment of an electronic notary public is suspended by operation of law when the electronic notary public is no longer covered by a surety bond as required by this section and section 12 of this act or the penal sum of the bond is exhausted. If the Secretary of State receives notice pursuant to subsection 4 that the bond will be released or pursuant to subsection 2 that the penal sum of the bond is exhausted, the Secretary of State shall immediately notify the electronic notary public in writing that his appointment will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.

      6.  The Secretary of State may reinstate the appointment of an electronic notary public whose appointment has been suspended pursuant to subsection 5 if the electronic notary public, before his current term of appointment expires:

      (a) Submits to the Secretary of State:

            (1) An application for an amended certificate of appointment as an electronic notary public; and

            (2) A certificate issued by the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, the county in this State in which the applicant maintains a place of business or is employed, which indicates that the applicant filed a new surety bond with the clerk; and

      (b) Pays to the Secretary of State a fee of $10.

      Sec. 14.  1.  The initial term of appointment as an electronic notary public is 2 years. Each term of appointment as an electronic notary public subsequent to the initial term is 4 years.

      2.  The appointment of an electronic notary public is suspended by operation of law when the electronic notary public is no longer appointed as a notary public in this State. If the appointment of an electronic notary public has expired or been revoked or suspended, the Secretary of State shall immediately notify the electronic notary public in writing that his appointment as an electronic notary public will be suspended by operation of law until he is appointed as a notary public in this State.

      3.  If, at any time during his appointment, an electronic notary public changes his electronic mail address, county of residence, name, electronic signature or the technology or device used to create his electronic signature, the electronic notary public shall, within 10 days after making the change, submit to the Secretary of State:

      (a) An electronic document, signed with the electronic signature submitted by the electronic notary public pursuant to subsection 2 of section 12 of this act, that includes the change of information; and

      (b) A fee of $10.

 


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

ê2009 Statutes of Nevada, Page 3022 (Chapter 499, SB 92)ê

 

      Sec. 15.  1.  Except as otherwise provided in subsection 2, an applicant for appointment as an electronic notary public must successfully:

      (a) Complete a course of study that is in accordance with the requirements of subsection 5; and

      (b) Pass an examination at the completion of the course.

      2.  The following persons must successfully complete a course of study as required pursuant to subsection 1:

      (a) A person applying for his first appointment as an electronic notary public;

      (b) A person renewing his appointment as an electronic notary public if his appointment as an electronic notary public has been expired for a period of more than 1 year; and

      (c) A person renewing his appointment as an electronic notary public if, during the 4 years immediately preceding his application for renewal, the Secretary of State took action against the person pursuant to NRS 240.150 for failing to comply with any provision of this chapter or any regulations adopted pursuant thereto.

Ê A person renewing his appointment as an electronic notary public need not successfully complete a course of study as required pursuant to subsection 1 if his appointment as an electronic notary public has been expired for a period of 1 year or less.

      3.  A course of study required to be completed pursuant to subsection 1 must:

      (a) Include at least 3 hours of instruction;

      (b) Provide instruction in electronic notarization, including, without limitation, notarial law and ethics, technology and procedures;

      (c) Include an examination of the course content;

      (d) Comply with the regulations adopted pursuant to section 25 of this act; and

      (e) Be approved by the Secretary of State.

      4.  The Secretary of State may, with respect to a course of study required to be completed pursuant to subsection 1:

      (a) Provide such a course of study; and

      (b) Charge a reasonable fee to each person who enrolls in such a course of study.

      5.  A course of study provided pursuant to this section must satisfy the criteria set forth in subsection 3 and comply with the requirements set forth in the regulations adopted pursuant to section 25 of this act.

      6.  The Secretary of State shall deposit the fees collected pursuant to paragraph (b) of subsection 4 in the Notary Public Training Fund created pursuant to NRS 240.018.

      Sec. 16.  A person appointed as an electronic notary public pursuant to sections 3 to 26, inclusive, of this act may, during normal business hours, perform the following electronic notarial acts for a person who requests the electronic notarial act and tenders the appropriate fee:

      1.  Taking an acknowledgment;

      2.  Executing a jurat; and

      3.  Administering an oath or affirmation.

      Sec. 17.  1.  An electronic notary public may charge the following fees and no more:

      (a) For taking an acknowledgment, for each signature.................. $10

      (b) For executing a jurat, for each signature.................................... $10

 


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

ê2009 Statutes of Nevada, Page 3023 (Chapter 499, SB 92)ê

 

      (c) For administering an oath or affirmation without a signature $10

      2.  An electronic notary public shall not charge a fee to perform a service unless he is authorized to charge a fee for such a service pursuant to this section.

      3.  All fees prescribed in this section are payable in advance, if demanded.

      4.  An electronic notary public may charge an additional fee for traveling to perform an electronic notarial act if:

      (a) The person requesting the electronic notarial act asks the electronic notary public to travel;

      (b) The electronic notary public explains to the person requesting the electronic notarial act that the fee for travel is in addition to the fee authorized in subsection 1 and is not required by law;

      (c) The person requesting the electronic notarial act agrees in advance upon the hourly rate that the electronic notary public will charge for the additional fee for travel; and

      (d) The additional fee for travel does not exceed:

            (1) If the person requesting the electronic notarial act asks the electronic notary public to travel between the hours of 6 a.m. and 7 p.m., $10 per hour.

            (2) If the person requesting the electronic notarial act asks the electronic notary public to travel between the hours of 7 p.m. and 6 a.m., $25 per hour.

Ê The electronic notary public may charge a minimum of 2 hours for such travel and shall charge on a pro rata basis after the first 2 hours.

      5.  An electronic notary public is entitled to charge the amount of the additional fee for travel agreed to in advance by the person requesting the electronic notarial act pursuant to subsection 4 if:

      (a) The person requesting the electronic notarial act cancels his request after the electronic notary public begins his travel to perform the requested electronic notarial act.

      (b) The electronic notary public is unable to perform the requested electronic notarial act as a result of the actions of the person who requested the electronic notarial act or any other person who is necessary for the performance of the electronic notarial act.

      6.  For each additional fee for travel that an electronic notary public charges pursuant to subsection 4, the electronic notary public shall enter in the journal that he keeps pursuant to section 20 of this act:

      (a) The amount of the fee; and

      (b) The date and time that the electronic notary public began and ended such travel.

      7.  A person who employs an electronic notary public may prohibit the electronic notary public from charging a fee for an electronic notarial act that the electronic notary public performs within the scope of his employment. Such a person shall not require the electronic notary public whom he employs to surrender to him all or part of a fee charged by the electronic notary public for an electronic notarial act performed outside the scope of his employment.

      Sec. 18.  1.  An electronic notary public shall not willfully electronically notarize the signature or electronic signature of a person unless the person is in the presence of the electronic notary public at the time of notarization and:

 


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

ê2009 Statutes of Nevada, Page 3024 (Chapter 499, SB 92)ê

 

      (a) Is known to the electronic notary public; or

      (b) If unknown to the electronic notary public, provides a credible witness or documentary evidence of identification to the electronic notary public.

      2.  A person who:

      (a) Violates the provisions of subsection 1; or

      (b) Aids and abets an electronic notary public to commit a violation of subsection 1,

Ê is guilty of a gross misdemeanor.

      3.  An electronic notary public shall not electronically notarize any electronic document related to the following:

      (a) A will, codicil or testamentary trust; and

      (b) Any transaction governed by the Uniform Commercial Code other than NRS 104.1306, 104.2101 to 104.2725, inclusive, and 104A.2101 to 104A.2532, inclusive.

      4.  An appointment as an electronic notary public pursuant to sections 3 to 26, inclusive, of this act does not authorize the electronic notary public to perform notarial acts in another state.

      Sec. 19.  An electronic notarial act must be evidenced by the following, which must be attached to or logically associated with the electronic document that is the subject of the electronic notarial act and which must be immediately perceptible and reproducible:

      1.  The electronic signature of the electronic notary public;

      2.  The electronic seal of the electronic notary public; and

      3.  The wording of a notarial certificate pursuant to NRS 240.1655, 240.166 to 240.167, inclusive, 240.1685 or 240.169.

      Sec. 20.  1.  An electronic notary public shall keep a journal of each electronic notarial act which includes, without limitation, the requirements of subsections 1 and 2 of NRS 240.120.

      2.  The Secretary of State may suspend the appointment of an electronic notary public who fails to produce any journal entry within 10 days after receipt of a request from the Secretary of State.

      3.  Upon resignation, revocation or expiration of an appointment as an electronic notary public, all notarial records required pursuant to this chapter must be delivered to the Secretary of State.

      Sec. 21.  1.  The electronic signature and electronic seal of an electronic notary public must be used only for the purposes of performing electronic notarial acts.

      2.  An electronic notary public shall safeguard his electronic signature, the electronic seal and all notarial records maintained by the electronic notary public as follows:

      (a) When not in use, the electronic notary public shall keep the electronic signature, electronic seal and all notarial records secure, under the exclusive control of the electronic notary public and protected by a password where applicable.

      (b) An electronic notary public shall not permit his electronic signature or electronic seal to be used by any other person.

      (c) An electronic notary public shall not surrender or destroy his notarial records except as otherwise required by the order of a court or as allowed pursuant to this chapter or any regulations adopted pursuant thereto.

 


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

ê2009 Statutes of Nevada, Page 3025 (Chapter 499, SB 92)ê

 

      (d) Except as otherwise provided in subsection 3, an electronic notary public, within 10 days after discovering that his electronic signature or electronic seal has been stolen, lost, damaged or otherwise rendered incapable of affixing a legible image, shall:

            (1) Inform the appropriate law enforcement agency in the case of theft or vandalism; and

            (2) Notify the Secretary of State in writing, including, without limitation, a signature using the name on the certificate of appointment issued pursuant to subsection 5 of section 12 of this act.

      3.  An electronic notary public shall take reasonable steps to maintain the technology or device used to create his electronic signature, and to ensure that the technology or device has not been recalled, revoked, terminated or otherwise rendered ineffective or unsecure by the entity that created the technology or device. Upon learning that the technology or device used to create his electronic signature has been rendered ineffective or unsecure, an electronic notary public shall cease performing electronic notarial acts until:

      (a) A new technology or device is acquired; and

      (b) The electronic notary public sends an electronic notice to the Secretary of State that includes, without limitation, the information required pursuant to paragraphs (d) and (e) of subsection 2 of section 12 of this act relating to the new technology or device.

      Sec. 22.  1.  Except as otherwise provided in subsection 3, if an electronic notary public dies or resigns during his appointment, or if the appointment of the electronic notary public is revoked or expires, the electronic notary public, the executor of his estate or his authorized representative, as appropriate, shall:

      (a) Notify the Secretary of State of the resignation or death; and

      (b) Erase, delete, destroy or otherwise render ineffective the technology or device used to create his electronic signature.

      2.  Upon receipt of the notice required by subsection 1, the Secretary of State shall cancel the appointment of the electronic notary public, effective on the date on which the notice was received.

      3.  A former electronic notary public whose previous appointment as an electronic notary public was not revoked and whose previous application for appointment as an electronic notary public was not denied is not required to erase, delete, destroy or otherwise render ineffective the technology or device used to create his electronic signature if he renews his appointment, using the same electronic signature, within 3 months after the expiration of his previous appointment as an electronic notary public.

      Sec. 23.  1.  A person who knowingly creates, manufactures or distributes software or hardware for the purpose of allowing a person to act as an electronic notary public without being appointed in accordance with sections 3 to 26, inclusive, of this act is guilty of a gross misdemeanor.

      2.  A person who wrongfully obtains, conceals, damages or destroys the technology or device used to create the electronic signature of an electronic notary public is guilty of a gross misdemeanor.

      Sec. 24.  1.  Except as otherwise provided in subsection 2, the Secretary of State shall, upon request, issue an authentication to verify that the electronic signature of the electronic notary public on an electronic document is genuine and that the electronic notary public holds the office indicated on the electronic document. The authentication must be:

 


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

ê2009 Statutes of Nevada, Page 3026 (Chapter 499, SB 92)ê

 

      (a) Signed by the Secretary of State; and

      (b) In conformance with any relevant international treaties, agreements and conventions subscribed to by the Government of the United States, including, without limitation, the Hague Convention of October 5, 1961.

      2.  The Secretary of State shall not issue an authentication pursuant to subsection 1 if:

      (a) The electronic document has not been electronically notarized in accordance with the provisions of this chapter and sections 3 to 26, inclusive, of this act; or

      (b) The Secretary of State has reasonable cause to believe that the electronic document may be used to accomplish any fraudulent, criminal or unlawful purpose.

      Sec. 25.  The Secretary of State may adopt regulations to carry out the provisions of sections 3 to 26, inclusive, of this act.

      Sec. 26.  An electronic notary public shall comply with those provisions of NRS 240.001 to 240.169, inclusive, which are not inconsistent with sections 3 to 26, inclusive, of this act. To the extent that the provisions of NRS 240.001 to 240.169, inclusive, conflict with the provisions of sections 3 to 26, inclusive, of this act, the provisions of sections 3 to 26, inclusive, of this act control.

      Sec. 27.  NRS 240.001 is hereby amended to read as follows:

      240.001  As used in NRS 240.001 to 240.169, inclusive, and sections 3 to 26, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 240.002 to 240.005, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 28.  NRS 240.007 is hereby amended to read as follows:

      240.007  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 3, information and documents filed with or obtained by the Secretary of State pursuant to NRS 240.001 to 240.169, inclusive, and sections 2 to 26, inclusive, of this act are public information and are available for public examination.

      2.  Information and documents filed with or obtained by the Secretary of State pursuant to or in accordance with subsection 6 of NRS 240.010 are not public information and are confidential.

      3.  Except as otherwise provided in subsections [3] 4 and [4] 5 and in NRS 239.0115, information and documents obtained by or filed with the Secretary of State in connection with an investigation concerning a possible violation of the provisions of NRS 240.001 to 240.169, inclusive, and sections 2 to 26, inclusive, of this act are not public information and are confidential.

      [3.] 4.  The Secretary of State may submit any information or evidence obtained in connection with an investigation concerning a possible violation of the provisions of NRS 240.001 to 240.169, inclusive, and sections 2 to 26, inclusive, of this act to the appropriate district attorney for the purpose of prosecuting a criminal action.

      [4.] 5.  The Secretary of State may disclose any information or documents obtained in connection with an investigation concerning a possible violation of the provisions of NRS 240.001 to 240.169, inclusive, and sections 2 to 26, inclusive, of this act to an agency of this State or a political subdivision of this State.

 


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

ê2009 Statutes of Nevada, Page 3027 (Chapter 499, SB 92)ê

 

      Sec. 29.  NRS 240.010 is hereby amended to read as follows:

      240.010  1.  The Secretary of State may appoint notaries public in this State.

      2.  The Secretary of State shall not appoint as a notary public a person:

      (a) Who submits an application containing a substantial and material misstatement or omission of fact.

      (b) Whose previous appointment as a notary public in this State has been revoked.

      (c) Who , except as otherwise provided in subsection 6, has been convicted of [a] :

            (1) A crime involving moral turpitude [,] ; or

            (2) Burglary, conversion, embezzlement, extortion, forgery, fraud, identity theft, larceny, obtaining money under false pretenses, robbery or any other crime involving misappropriation of the identity or property of another person or entity,

Ê if the Secretary of State is aware of such a conviction before he makes the appointment.

      (d) Against whom a complaint that alleges a violation of a provision of this chapter is pending.

      (e) Who has not submitted to the Secretary of State proof satisfactory to the Secretary of State that he has enrolled in and successfully completed a course of study provided pursuant to NRS 240.018.

      3.  A notary public may cancel his appointment by submitting a written notice to the Secretary of State.

      4.  It is unlawful for a person to:

      (a) Represent himself as a notary public appointed pursuant to this section if he has not received a certificate of appointment from the Secretary of State pursuant to this chapter.

      (b) Submit an application for appointment as a notary public that contains a substantial and material misstatement or omission of fact.

      5.  The Secretary of State may request that the Attorney General bring an action to enjoin any violation of paragraph (a) of subsection 4.

      6.  A person who has been convicted of a crime involving moral turpitude may apply for appointment as a notary public if he provides proof satisfactory to the Secretary of State that:

      (a) More than 10 years have elapsed since the date of his release from confinement or the expiration of the period of his parole, probation or sentence, whichever is later;

      (b) He has made complete restitution for his crime involving moral turpitude, if applicable;

      (c) He possesses his civil rights; and

      (d) The crime for which he was convicted is not one of the crimes enumerated in subparagraph (2) of paragraph (c) of subsection 2.

      Sec. 30.  NRS 240.015 is hereby amended to read as follows:

      240.015  1.  Except as otherwise provided in this section, a person appointed as a notary public must:

      (a) During the period of his appointment, be a citizen of the United States or lawfully admitted for permanent residency in the United States as verified by the United States Citizenship and Immigration Services.

      (b) Be a resident of this State.

      (c) Be at least 18 years of age.

      (d) Possess his civil rights.

 


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

ê2009 Statutes of Nevada, Page 3028 (Chapter 499, SB 92)ê

 

      2.  If a person appointed as a notary public ceases to be lawfully admitted for permanent residency in the United States during his appointment, he shall, within 90 days after his lawful admission has expired or is otherwise terminated, submit to the Secretary of State evidence that he is lawfully readmitted for permanent residency as verified by the United States Citizenship and Immigration Services. If the person fails to submit such evidence within the prescribed time, his appointment expires by operation of law.

      3.  The Secretary of State may appoint a person who resides in an adjoining state as a notary public if the person:

      (a) Maintains a place of business in the State of Nevada [;] that is licensed pursuant to NRS 360.780 and any applicable business licensing requirements of the local government where the business is located; or

      (b) Is regularly employed at an office, business or facility located within the State of Nevada by an employer licensed to do business in this State.

Ê If such a person ceases to maintain a place of business in this State or regular employment at an office, business or facility located within this State, the Secretary of State may suspend his appointment. The Secretary of State may reinstate an appointment suspended pursuant to this subsection if the notary public submits to the Secretary of State, before his term of appointment as a notary public expires, [an affidavit which contains] the information required pursuant to subsection 2 of NRS 240.030.

      Sec. 31.  NRS 240.030 is hereby amended to read as follows:

      240.030  1.  Each person applying for appointment as a notary public must:

      (a) At the time he submits his application, pay to the Secretary of State $35.

      (b) Take and subscribe to the oath set forth in Section 2 of Article 15 of the Constitution of the State of Nevada as if he were a public officer.

      (c) Submit to the Secretary of State proof satisfactory to the Secretary of State that he has enrolled in and successfully completed a course of study provided pursuant to NRS 240.018.

      (d) Enter into a bond to the State of Nevada in the sum of $10,000, to be filed with the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. The applicant [shall] must submit to the Secretary of State a certificate issued by the appropriate county clerk which indicates that the applicant filed the bond required pursuant to this paragraph.

      2.  In addition to the requirements set forth in subsection 1, an applicant for appointment as a notary public who resides in an adjoining state must submit to the Secretary of State with his application:

      (a) An affidavit setting forth the adjoining state in which he resides, his mailing address and the address of his place of business or employment that is located within the State of Nevada; [and]

      (b) A copy of his state business license issued pursuant to NRS 360.780 and any business license required by the local government where the business is located, if he is self-employed; and

      (c) Unless the applicant is self-employed, a copy of the state business license of his employer, a copy of any business license of his employer that is required by the local government where the business is located and an affidavit from his employer setting forth the facts [that] which show [:

 


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

ê2009 Statutes of Nevada, Page 3029 (Chapter 499, SB 92)ê

 

            (1) The employer is licensed to do business in the State of Nevada; and

            (2) The] that the employer regularly employs the applicant at an office, business or facility which is located within the State of Nevada.

      3.  In completing an application, bond, oath or other document necessary to apply for appointment as a notary public, an applicant must not be required to disclose his residential address or telephone number on any such document which will become available to the public.

      4.  The bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when he applies for his appointment or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. On a form provided by the Secretary of State, the county clerk shall immediately certify to the Secretary of State that the required bond and oath have been filed and recorded. Upon receipt of the application, fee and certification that the required bond and oath have been filed and recorded, the Secretary of State shall issue a certificate of appointment as a notary public to the applicant.

      5.  The term of a notary public commences on the effective date of the bond required pursuant to paragraph (d) of subsection 1. A notary public shall not perform a notarial act after the effective date of the bond unless he has been issued a certificate of appointment.

      6.  Except as otherwise provided in this subsection, the Secretary of State shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to a notary. If the notary public does not receive an original certificate of appointment, the Secretary of State shall provide a duplicate certificate of appointment without charge if the notary public requests such a duplicate within 60 days after the date on which the original certificate was issued.

      Sec. 32.  NRS 240.031 is hereby amended to read as follows:

      240.031  A notary public who is a resident of an adjoining state shall submit to the Secretary of State annually, within 30 days before the anniversary date of his appointment as a notary public, [an affidavit containing] a copy of the state business license of his place of employment in the State of Nevada issued pursuant to NRS 360.780, a copy of any license required by the local government where the business is located and the information required pursuant to subsection 2 of NRS 240.030.

      Sec. 33.  NRS 240.147 is hereby amended to read as follows:

      240.147  [1.]  It is unlawful for a person to knowingly destroy, deface or conceal a notarial record.

      [2.  As used in this section, “notarial record” means:

      (a) The journal that a notary public is required to keep pursuant to NRS 240.120; and

      (b) A document or other evidence retained by a notary public to record the performance of a notarial act.]

      Sec. 34.  This act becomes effective on July 1, 2009.

________

 


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

ê2009 Statutes of Nevada, Page 3030ê

 

CHAPTER 500, SB 195

Senate Bill No. 195–Senator Carlton

 

CHAPTER 500

 

AN ACT relating to industrial insurance; revising provisions relating to the denial or acceptance of a claim for compensation; revising provisions relating to examinations and permanent partial disabilities; increasing certain death benefits; revising provisions relating to the imposition of administrative fines and benefit penalties for certain violations; establishing continuous care coverage as a line of insurance for which a producer may be licensed; revising provisions for the issuance of a certificate of registration as an administrator; and providing other matters properly relating thereto.

 

[Veto Overridden. Date Filed: June 2, 2009]

 

Legislative Counsel’s Digest:

      Existing law establishes the duty of an insurer to accept or deny a claim for compensation. (NRS 616C.065) Section 2 of this bill provides that the failure of an insurer to indicate the acceptance or denial of a claim for a part of the body or condition does not constitute a denial or acceptance thereof.

      Section 3 of this bill requires that the Fifth Edition, rather than the most recent edition, of the American Medical Association’s Guides to the Evaluation of Permanent Impairment must be applied in all examinations for a permanent partial disability.

      Section 4 of this bill revises provisions governing the denial of compensation due to discharge from employment for misconduct.

      Existing law authorizes a hearing officer and appeals officer to order a medical examination of an injured employee to determine the injured employee’s condition or to determine the necessity of treatment for which authorization for payment has been denied. (NRS 616C.330, 616C.360) Sections 5 and 6 of this bill authorize a hearing officer or appeals officer to consider the opinion of an examining physician or chiropractor, in addition to the opinion of an authorized treating physician or chiropractor, in determining the compensation payable to the injured employee.

      Section 7 of this bill revises existing law to allow factors other than the degree of physical impairment of the whole man to be considered in calculating the entitlement to compensation for a permanent partial disability involving injury or disease caused by stress.

      Section 9 of this bill increases the maximum amount of burial expenses that may be paid as a death benefit from $5,000 to $10,000, plus the cost of transporting the remains of the deceased employee.

      Section 10 of this bill revises provisions governing the imposition of administrative fines for certain violations by an insurer, organization for managed care, health care provider, third-party administrator or employer.

      Sections 11 and 16 of this bill define and establish continuous care coverage as a line of insurance for which a producer may be licensed. Such coverage includes health insurance and may include insurance for workers’ compensation only when issued jointly with and supplemental to the policy of health insurance. Section 14 of this bill specifically provides for the imposition of an administrative fine for a violation of this limitation on the issuance of a policy of workers’ compensation insurance sold by a producer of continuous care coverage.

      Section 15 of this bill requires the Commissioner of Insurance to obtain final approval from the Department of Business and Industry before issuing a certificate of registration as an administrator. Section 1.5 of this bill requires the Administrator of the Division of Industrial Relations of the Department of Business and Industry to adopt regulations setting forth the qualifications needed to obtain such final approval.

 


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

ê2009 Statutes of Nevada, Page 3031 (Chapter 500, SB 195)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616A.070 is hereby amended to read as follows:

      616A.070  “Benefit penalty” means an additional amount of money that is payable to a claimant if the Administrator has determined that a violation of any of the provisions of paragraphs (a) to (e), inclusive, [or] (h) or (i) of subsection 1 of NRS 616D.120 has occurred.

      Sec. 1.5.  NRS 616A.400 is hereby amended to read as follows:

      616A.400  The Administrator shall:

      1.  Prescribe by regulation the time within which adjudications and awards must be made.

      2.  Regulate forms of notices, claims and other blank forms deemed proper and advisable.

      3.  Prescribe by regulation the methods by which an insurer may approve or reject claims, and may determine the amount and nature of benefits payable in connection therewith.

      4.  Prescribe by regulation the method for reimbursing an injured employee for expenses necessarily incurred for travel more than 20 miles one way from his residence or place of employment to his destination as a result of an industrial injury.

      5.  Determine whether an insurer has provided adequate facilities in this State to administer claims and for the retention of a file on each claim.

      6.  Evaluate the services of private carriers provided to employers in:

      (a) Controlling losses; and

      (b) Providing information on the prevention of industrial accidents or occupational diseases.

      7.  Conduct such investigations and examinations of insurers as he deems reasonable to determine whether any person has violated the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or to obtain information useful to enforce or administer these chapters.

      8.  Prescribe by regulation the qualifications for final approval by the Division of an applicant for a certificate of registration as an administrator pursuant to subsection 3 of NRS 683A.08524. The regulations must set forth qualifications which provide for the final approval of those applicants whose approval is in the best interests of the people of this State.

      9.  Except with respect to any matter committed by specific statute to the regulatory authority of another person or agency, adopt such other regulations as he deems necessary to carry out the provisions of chapters 616A to 617, inclusive, of NRS.

      Sec. 2.  NRS 616C.065 is hereby amended to read as follows:

      616C.065  1.  Except as otherwise provided in NRS 616C.136, within 30 days after the insurer has been notified of an industrial accident, every insurer shall:

      (a) Accept a claim for compensation, notify the claimant or the person acting on behalf of the claimant that the claim has been accepted and commence payment of the claim; or

      (b) Deny the claim and notify the claimant or the person acting on behalf of the claimant and the Administrator that the claim has been denied.

      2.  Payments made by an insurer pursuant to this section are not an admission of liability for the claim or any portion of the claim.

 


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

ê2009 Statutes of Nevada, Page 3032 (Chapter 500, SB 195)ê

 

      3.  Except as otherwise provided in this subsection, if an insurer unreasonably delays or refuses to pay the claim within 30 days after the insurer has been notified of an industrial accident, the insurer shall pay upon order of the Administrator an additional amount equal to three times the amount specified in the order as refused or unreasonably delayed. This payment is for the benefit of the claimant and must be paid to him with the compensation assessed pursuant to chapters 616A to 617, inclusive, of NRS. The provisions of this section do not apply to the payment of a bill for accident benefits that is governed by the provisions of NRS 616C.136.

      4.  The insurer shall notify the claimant or the person acting on behalf of the claimant that a claim has been accepted or denied pursuant to subsection 1 by:

      (a) Mailing its written determination to the claimant or the person acting on behalf of the claimant; and

      (b) If the claim has been denied, in whole or in part, obtaining a certificate of mailing.

      5.  The failure of the insurer to obtain a certificate of mailing as required by paragraph (b) of subsection 4 shall be deemed to be a failure of the insurer to mail the written determination of the denial of a claim as required by this section.

      6.  The failure of the insurer to indicate the acceptance or denial of a claim for a part of the body or condition does not constitute a denial or acceptance thereof.

      7.  Upon request, the insurer shall provide a copy of the certificate of mailing, if any, to the claimant or the person acting on behalf of the claimant.

      [7.] 8.  For the purposes of this section, the insurer shall mail the written determination to:

      (a) The mailing address of the claimant or the person acting on behalf of the claimant that is provided on the form prescribed by the Administrator for filing the claim; or

      (b) Another mailing address if the claimant or the person acting on behalf of the claimant provides to the insurer written notice of another mailing address.

      [8.] 9.  As used in this section, “certificate of mailing” means a receipt that provides evidence of the date on which the insurer presented its written determination to the United States Postal Service for mailing.

      Sec. 3.  NRS 616C.110 is hereby amended to read as follows:

      616C.110  1.  For the purposes of NRS 616B.557, 616B.578, 616B.587, 616C.490 and 617.459 [:

      (a) Not] , not later than August 1, 2003, the Division shall adopt regulations incorporating the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 5th edition, by reference. The regulations:

            [(1)] (a) Must [become effective on October 1, 2003; and

            (2) Must be applied to all examinations for a permanent partial disability that are conducted on or after October 1, 2003, regardless of the date of the injury, until regulations incorporating the 6th edition by reference have become effective pursuant to paragraph (b).

      (b) Beginning with the 6th edition and continuing for each edition thereafter, the Division shall adopt regulations incorporating the most recent edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment by reference. The regulations:

 


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

ê2009 Statutes of Nevada, Page 3033 (Chapter 500, SB 195)ê

 

            (1) Must become effective not later than 18 months after the most recent edition is published by the American Medical Association; and

            (2)] provide that the American Medical Association’s Guides to the Evaluation of Permanent Impairment, Fifth Edition, must be applied to all examinations; and

      (b) Must be applied to all examinations for a permanent partial disability that are conducted on or after the effective date of the regulations, regardless of the date of injury . [, until regulations incorporating the next edition by reference have become effective pursuant to this paragraph.]

      2.  After adopting the regulations required pursuant to subsection 1, the Division may amend those regulations as it deems necessary, except that the amendments to those regulations:

      (a) Must be consistent with the [edition] Fifth Edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment ; [most recently adopted by the Division;]

      (b) Must not incorporate any contradictory matter from any other edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment; and

      (c) Must not consider any factors other than the degree of physical impairment of the whole man in calculating the entitlement to compensation.

      3.  If the [edition] Fifth Edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment [most recently adopted by the Division] contains more than one method of determining the rating of an impairment, the Administrator shall designate by regulation the method from that edition which must be used to rate an impairment pursuant to NRS 616C.490.

      Sec. 4.  NRS 616C.232 is hereby amended to read as follows:

      616C.232  1.  If an injured employee is discharged from his employment as a result of misconduct, an insurer may deny compensation to the injured employee because of that discharge for misconduct only if the insurer proves by a preponderance of the evidence that:

      (a) The injured employee was discharged from his employment solely for his misconduct and not for any reason relating to his claim for compensation; and

      (b) It is the injured employee’s discharge from his employment for misconduct, and not his injury, that is the sole cause for the injured employee’s inability to return to work with the preinjury employer.

      2.  An insurer waives its rights under subsection 1 if the insurer does not make a determination to deny or suspend compensation to the injured employee within 70 days after the date on which the insurer learns that the injured employee has been discharged for misconduct.

      3.  Discharge from employment for reasons other than gross misconduct does not limit an injured employee’s entitlement to receive benefits for temporary total disability.

      Sec. 5.  NRS 616C.330 is hereby amended to read as follows:

      616C.330  1.  The hearing officer shall:

      (a) Except as otherwise provided in subsection 2 of NRS 616C.315, within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his receipt of the request at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the hearing officer;

 


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

ê2009 Statutes of Nevada, Page 3034 (Chapter 500, SB 195)ê

 

      (b) Give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled; and

      (c) Conduct hearings expeditiously and informally.

      2.  The notice must include a statement that the injured employee may be represented by a private attorney or seek assistance and advice from the Nevada Attorney for Injured Workers.

      3.  If necessary to resolve a medical question concerning an injured employee’s condition or to determine the necessity of treatment for which authorization for payment has been denied, the hearing officer may order an independent medical examination, which must not involve treatment, and refer the employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee, whether or not the physician or chiropractor is on the insurer’s panel of providers of health care. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians and chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any medical examination requested by the hearing officer.

      4.  The hearing officer may consider the opinion of an examining physician or chiropractor, in addition to the opinion of an authorized treating physician or chiropractor, in determining the compensation payable to the injured employee.

      5.  If an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to NRS 616C.100, the hearing officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.

      [5.] 6.  The hearing officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay to the appropriate person the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied.

      [6.] 7.  The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing.

      [7.] 8.  The hearing officer shall render his decision within 15 days after:

      (a) The hearing; or

      (b) He receives a copy of the report from the medical examination he requested.

      [8.] 9.  The hearing officer shall render his decision in the most efficient format developed by the Chief of the Hearings Division of the Department of Administration.

      [9.] 10.  The hearing officer shall give notice of his decision to each party by mail. He shall include with the notice of his decision the necessary forms for appealing from the decision.

 


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

ê2009 Statutes of Nevada, Page 3035 (Chapter 500, SB 195)ê

 

      [10.] 11.  Except as otherwise provided in NRS 616C.380, the decision of the hearing officer is not stayed if an appeal from that decision is taken unless an application for a stay is submitted by a party. If such an application is submitted, the decision is automatically stayed until a determination is made on the application. A determination on the application must be made within 30 days after the filing of the application. If, after reviewing the application, a stay is not granted by the hearing officer or an appeals officer, the decision must be complied with within 10 days after the refusal to grant a stay.

      Sec. 6.  NRS 616C.360 is hereby amended to read as follows:

      616C.360  1.  A stenographic or electronic record must be kept of the hearing before the appeals officer and the rules of evidence applicable to contested cases under chapter 233B of NRS apply to the hearing.

      2.  The appeals officer must hear any matter raised before him on its merits, including new evidence bearing on the matter.

      3.  If there is a medical question or dispute concerning an injured employee’s condition or concerning the necessity of treatment for which authorization for payment has been denied, the appeals officer may:

      (a) Order an independent medical examination and refer the employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee, whether or not the physician or chiropractor is on the insurer’s panel of providers of health care. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians or chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any examination requested by the appeals officer.

      (b) If the medical question or dispute is relevant to an issue involved in the matter before the appeals officer and all parties agree to the submission of the matter to an external review organization, submit the matter to an external review organization in accordance with NRS 616C.363 and any regulations adopted by the Commissioner.

      4.  The appeals officer may consider the opinion of an examining physician or chiropractor, in addition to the opinion of an authorized treating physician or chiropractor, in determining the compensation payable to the injured employee.

      5.  If an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to NRS 616C.100, the appeals officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.

      [5.] 6.  The appeals officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay to the appropriate person the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied.

 


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

ê2009 Statutes of Nevada, Page 3036 (Chapter 500, SB 195)ê

 

      [6.] 7.  Any party to the appeal or the appeals officer may order a transcript of the record of the hearing at any time before the seventh day after the hearing. The transcript must be filed within 30 days after the date of the order unless the appeals officer otherwise orders.

      [7.] 8.  The appeals officer shall render his decision:

      (a) If a transcript is ordered within 7 days after the hearing, within 30 days after the transcript is filed; or

      (b) If a transcript has not been ordered, within 30 days after the date of the hearing.

      [8.] 9.  The appeals officer may affirm, modify or reverse any decision made by the hearing officer and issue any necessary and proper order to give effect to his decision.

      Sec. 7.  NRS 616C.490 is hereby amended to read as follows:

      616C.490  1.  Except as otherwise provided in NRS 616C.175, every employee, in the employ of an employer within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability. As used in this section, “disability” and “impairment of the whole man” are equivalent terms.

      2.  Within 30 days after receiving from a physician or chiropractor a report indicating that the injured employee may have suffered a permanent disability and is stable and ratable, the insurer shall schedule an appointment with the rating physician or chiropractor selected pursuant to this subsection to determine the extent of the employee’s disability. Unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor:

      (a) The insurer shall select the rating physician or chiropractor from the list of qualified rating physicians and chiropractors designated by the Administrator, to determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110.

      (b) Rating physicians and chiropractors must be selected in rotation from the list of qualified physicians and chiropractors designated by the Administrator, according to their area of specialization and the order in which their names appear on the list unless the next physician or chiropractor is currently an employee of the insurer making the selection, in which case the insurer must select the physician or chiropractor who is next on the list and who is not currently an employee of the insurer.

      3.  If an insurer contacts the treating physician or chiropractor to determine whether an injured employee has suffered a permanent disability, the insurer shall deliver to the treating physician or chiropractor that portion or a summary of that portion of the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 that is relevant to the type of injury incurred by the employee.

      4.  At the request of the insurer, the injured employee shall, before an evaluation by a rating physician or chiropractor is performed, notify the insurer of:

      (a) Any previous evaluations performed to determine the extent of any of the employee’s disabilities; and

      (b) Any previous injury, disease or condition sustained by the employee which is relevant to the evaluation performed pursuant to this section.

 


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

ê2009 Statutes of Nevada, Page 3037 (Chapter 500, SB 195)ê

 

Ê The notice must be on a form approved by the Administrator and provided to the injured employee by the insurer at the time of the insurer’s request.

      5.  Unless the regulations adopted pursuant to NRS 616C.110 provide otherwise, a rating evaluation must include an evaluation of the loss of motion, sensation and strength of an injured employee if the injury is of a type that might have caused such a loss. [No] Except in the case of claims accepted pursuant to NRS 616C.180, no factors other than the degree of physical impairment of the whole man may be considered in calculating the entitlement to compensation for a permanent partial disability.

      6.  The rating physician or chiropractor shall provide the insurer with his evaluation of the injured employee. After receiving the evaluation, the insurer shall, within 14 days, provide the employee with a copy of the evaluation and notify the employee:

      (a) Of the compensation to which he is entitled pursuant to this section; or

      (b) That he is not entitled to benefits for permanent partial disability.

      7.  Each 1 percent of impairment of the whole man must be compensated by a monthly payment:

      (a) Of 0.5 percent of the claimant’s average monthly wage for injuries sustained before July 1, 1981;

      (b) Of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after July 1, 1981, and before June 18, 1993;

      (c) Of 0.54 percent of the claimant’s average monthly wage for injuries sustained on or after June 18, 1993, and before January 1, 2000; and

      (d) Of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after January 1, 2000.

Ê Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the claimant is 70 years of age, whichever is later.

      8.  Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.

      9.  Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

      10.  The Division may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.

      11.  The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.

      12.  This section does not entitle any person to double payments for the death of an employee and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  NRS 616C.505 is hereby amended to read as follows:

      616C.505  If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, the compensation is known as a death benefit and is payable as follows:

 


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

ê2009 Statutes of Nevada, Page 3038 (Chapter 500, SB 195)ê

 

      1.  In addition to any other compensation payable pursuant to chapters 616A to 616D, inclusive, of NRS, burial expenses are payable in an amount not to exceed [$5,000.] $10,000, plus the cost of transporting the remains of the deceased employee. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation must be borne by the insurer.

      2.  Except as otherwise provided in subsection 3 and NRS 616C.507, to the surviving spouse of the deceased employee, 66 2/3 percent of the average monthly wage is payable until his death or remarriage, with 2 years’ compensation payable in one lump sum upon remarriage.

      3.  If there is a surviving spouse and any surviving children of the deceased employee who are not the children of the surviving spouse, the compensation otherwise payable pursuant to subsection 2 must be paid as follows until the entitlement of all children of the deceased employee to receive compensation pursuant to this subsection ceases:

      (a) To the surviving spouse, 50 percent of the death benefit is payable until his death or remarriage, with 2 years’ compensation payable in one lump sum upon remarriage; and

      (b) To each child of the deceased employee, regardless of whether the child is the child of the surviving spouse, his proportionate share of 50 percent of the death benefit and, except as otherwise provided in subsection 12, if the child has a guardian, the compensation he is entitled to receive may be paid to the guardian.

      4.  In the event of the subsequent death of the surviving spouse:

      (a) Each surviving child of the deceased employee, in addition to any amount the child may be entitled to pursuant to subsection 3, must share equally the compensation theretofore paid to the surviving spouse but not in excess thereof, and it is payable until the youngest child reaches the age of 18 years.

      (b) Except as otherwise provided in subsection 12, if the children have a guardian, the compensation they are entitled to receive may be paid to the guardian.

      5.  Upon the remarriage of a surviving spouse with children:

      (a) The surviving spouse must be paid 2 years’ compensation in one lump sum and further benefits must cease; and

      (b) Each child must be paid 15 percent of the average monthly wage, up to a maximum family benefit of 66 2/3 percent of the average monthly wage.

Ê The provisions of this subsection do not apply to the remarriage of a surviving spouse of a deceased police officer or firefighter if the provisions of NRS 616C.507 apply to the surviving spouse.

      6.  If there are any surviving children of the deceased employee under the age of 18 years, but no surviving spouse, then each such child is entitled to his proportionate share of 66 2/3 percent of the average monthly wage for his support.

      7.  Except as otherwise provided in subsection 8, if there is no surviving spouse or child under the age of 18 years, there must be paid:

      (a) To a parent, if wholly dependent for support upon the deceased employee at the time of the injury causing his death, 33 1/3 percent of the average monthly wage.

      (b) To both parents, if wholly dependent for support upon the deceased employee at the time of the injury causing his death, 66 2/3 percent of the average monthly wage.

 


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

ê2009 Statutes of Nevada, Page 3039 (Chapter 500, SB 195)ê

 

      (c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of the injury causing his death, his proportionate share of 66 2/3 percent of the average monthly wage.

      8.  The aggregate compensation payable pursuant to subsection 7 must not exceed 66 2/3 percent of the average monthly wage.

      9.  In all other cases involving a question of total or partial dependency:

      (a) The extent of the dependency must be determined in accordance with the facts existing at the time of the injury.

      (b) If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid must be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to the partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death.

      (c) The duration of compensation to partial dependents must be fixed in accordance with the facts shown, but may not exceed compensation for 100 months.

      10.  Compensation payable to a surviving spouse is for the use and benefit of the surviving spouse and the dependent children, and the insurer may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.

      11.  In the event of the death of any dependent specified in this section before the expiration of the time during which compensation is payable to him, funeral expenses are payable in an amount not to exceed [$5,000.] $10,000.

      12.  If a dependent is entitled to receive a death benefit pursuant to this section and is less than 18 years of age or incompetent, the legal representative of the dependent shall petition for a guardian to be appointed for that dependent pursuant to NRS 159.044. An insurer shall not pay any compensation in excess of $3,000, other than burial expenses, to the dependent until a guardian is appointed and legally qualified. Upon receipt of a certified letter of guardianship, the insurer shall make all payments required by this section to the guardian of the dependent until the dependent is emancipated, the guardianship terminates or the dependent reaches the age of 18 years, whichever occurs first, unless paragraph (a) of subsection 13 is applicable. The fees and costs related to the guardianship must be paid from the estate of the dependent. A guardianship established pursuant to this subsection must be administered in accordance with chapter 159 of NRS, except that after the first annual review required pursuant to NRS 159.176, a court may elect not to review the guardianship annually. The court shall review the guardianship at least once every 3 years. As used in this subsection, “incompetent” has the meaning ascribed to it in NRS 159.019.

      13.  Except as otherwise provided in paragraphs (a) and (b), the entitlement of any child to receive his proportionate share of compensation pursuant to this section ceases when he dies, marries or reaches the age of 18 years. A child is entitled to continue to receive compensation pursuant to this section if he is:

      (a) Over 18 years of age and incapable of supporting himself, until such time as he becomes capable of supporting himself; or

 


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

ê2009 Statutes of Nevada, Page 3040 (Chapter 500, SB 195)ê

 

      (b) Over 18 years of age and enrolled as a full-time student in an accredited vocational or educational institution, until he reaches the age of 22 years.

      14.  As used in this section, “surviving spouse” means a surviving husband or wife who was married to the employee at the time of the employee’s death.

      Sec. 10.  NRS 616D.120 is hereby amended to read as follows:

      616D.120  1.  Except as otherwise provided in this section, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has:

      (a) Induced a claimant to fail to report an accidental injury or occupational disease;

      (b) Without justification, persuaded a claimant to:

            (1) Settle for an amount which is less than reasonable;

            (2) Settle for an amount which is less than reasonable while a hearing or an appeal is pending; or

            (3) Accept less than the compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 617, inclusive, of NRS;

      (c) Refused to pay or unreasonably delayed payment to a claimant of compensation or other relief found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the refusal or delay occurs:

            (1) Later than 10 days after the date of the settlement agreement or stipulation;

            (2) Later than 30 days after the date of the decision of a court, hearing officer, appeals officer or the Division, unless a stay has been granted; or

            (3) Later than 10 days after a stay of the decision of a court, hearing officer, appeals officer or the Division has been lifted;

      (d) Refused to process a claim for compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;

      (e) Made it necessary for a claimant to initiate proceedings pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation or other relief found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;

      (f) Failed to comply with the Division’s regulations covering the payment of an assessment relating to the funding of costs of administration of chapters 616A to 617, inclusive, of NRS;

      (g) Failed to provide or unreasonably delayed payment to an injured employee or reimbursement to an insurer pursuant to NRS 616C.165; [or]

      (h) Engaged in a pattern of untimely payments to injured employees; or

      (i) Intentionally failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 616A, 616B, 616C or 617 of NRS,

Ê the Administrator shall impose an administrative fine of $1,500 for each initial violation, or a fine of $15,000 for a second or subsequent violation.

 


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

ê2009 Statutes of Nevada, Page 3041 (Chapter 500, SB 195)ê

 

      2.  Except as otherwise provided in chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has failed to comply with any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, the Administrator may take any of the following actions:

      (a) Issue a notice of correction for:

            (1) A minor violation, as defined by regulations adopted by the Division; or

            (2) A violation involving the payment of compensation in an amount which is greater than that required by any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto.

Ê The notice of correction must set forth with particularity the violation committed and the manner in which the violation may be corrected. The provisions of this section do not authorize the Administrator to modify or negate in any manner a determination or any portion of a determination made by a hearing officer, appeals officer or court of competent jurisdiction or a provision contained in a written settlement agreement or written stipulation.

      (b) Impose an administrative fine for:

            (1) A second or subsequent violation for which a notice of correction has been issued pursuant to paragraph (a); or

            (2) Any other violation of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, for which a notice of correction may not be issued pursuant to paragraph (a).

Ê The fine imposed must not be greater than $375 for an initial violation, or more than [$1,500] $3,000 for any second or subsequent violation.

      (c) Order a plan of corrective action to be submitted to the Administrator within 30 days after the date of the order.

      3.  If the Administrator determines that a violation of any of the provisions of paragraphs (a) to (e), inclusive, [or] (h) or (i) of subsection 1 has occurred, the Administrator shall order the insurer, organization for managed care, health care provider, third-party administrator or employer to pay to the claimant a benefit penalty:

      (a) Except as otherwise provided in paragraph (b), in an amount that is not less than $5,000 and not greater than [$37,500;] $50,000; or

      (b) Of $3,000 if the violation involves a late payment of compensation or other relief to a claimant in an amount which is less than $500 or which is not more than 14 days late.

      4.  To determine the amount of the benefit penalty, the Administrator shall consider the degree of physical harm suffered by the injured employee or his dependents as a result of the violation of paragraph (a), (b), (c), (d), (e) , [or] (h) or (i) of subsection 1, the amount of compensation found to be due the claimant and the number of fines and benefit penalties, other than a benefit penalty described in paragraph (b) of subsection 3, previously imposed against the insurer, organization for managed care, health care provider, third-party administrator or employer pursuant to this section. [If this is the third violation within 5 years for which a benefit penalty, other than a benefit penalty described in paragraph (b) of subsection 3, has been imposed against the insurer, organization for managed care, health care provider, third-party administrator or employer, the] The Administrator shall also consider the degree of economic harm suffered by the injured employee or his dependents as a result of the violation of paragraph (a), (b), (c), (d), (e) , [or] (h) or (i) of subsection 1.

 


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

ê2009 Statutes of Nevada, Page 3042 (Chapter 500, SB 195)ê

 

also consider the degree of economic harm suffered by the injured employee or his dependents as a result of the violation of paragraph (a), (b), (c), (d), (e) , [or] (h) or (i) of subsection 1. Except as otherwise provided in this section, the benefit penalty is for the benefit of the claimant and must be paid directly to him within 10 days after the date of the Administrator’s determination. If the claimant is the injured employee and he dies before the benefit penalty is paid to him, the benefit penalty must be paid to his estate. Proof of the payment of the benefit penalty must be submitted to the Administrator within 10 days after the date of his determination unless an appeal is filed pursuant to NRS 616D.140. Any compensation to which the claimant may otherwise be entitled pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS must not be reduced by the amount of any benefit penalty received pursuant to this subsection. To determine the amount of the benefit penalty in cases of multiple violations occurring within a certain period of time, the Administrator shall adopt regulations which take into consideration:

      (a) The number of violations within a certain number of years for which a benefit penalty was imposed; and

      (b) The number of claims handled by the insurer, organization for managed care, health care provider, third-party administrator or employer in relation to the number of benefit penalties previously imposed within the period of time prescribed pursuant to paragraph (a).

      5.  In addition to any fine or benefit penalty imposed pursuant to this section, the Administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures or premiums received that are used to calculate an assessment [,] an administrative penalty of up to twice the amount of any underpaid assessment.

      6.  If:

      (a) The Administrator determines that a person has violated any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and

      (b) The Fraud Control Unit for Industrial Insurance of the Office of the Attorney General established pursuant to NRS 228.420 notifies the Administrator that the Unit will not prosecute the person for that violation,

Ê the Administrator shall impose an administrative fine of not more than $15,000.

      7.  Two or more fines of $1,000 or more imposed in 1 year for acts enumerated in subsection 1 must be considered by the Commissioner as evidence for the withdrawal of:

      (a) A certificate to act as a self-insured employer.

      (b) A certificate to act as an association of self-insured public or private employers.

      (c) A certificate of registration as a third-party administrator.

      8.  The Commissioner may, without complying with the provisions of NRS 616B.327 or 616B.431, withdraw the certification of a self-insured employer, association of self-insured public or private employers or third-party administrator if, after a hearing, it is shown that the self-insured employer, association of self-insured public or private employers or third-party administrator violated any provision of subsection 1.

      9.  If the Administrator determines that a vocational rehabilitation counselor has violated the provisions of NRS 616C.543, the Administrator may impose an administrative fine on the vocational rehabilitation counselor of not more than $250 for a first violation, $500 for a second violation and $1,000 for a third or subsequent violation.

 


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

ê2009 Statutes of Nevada, Page 3043 (Chapter 500, SB 195)ê

 

of not more than $250 for a first violation, $500 for a second violation and $1,000 for a third or subsequent violation.

      10.  The Administrator may make a claim against the bond required pursuant to NRS 683A.0857 for the payment of any administrative fine or benefit penalty imposed for a violation of the provisions of this section.

      Sec. 11.  Chapter 681A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Continuous care coverage” is the issuance of a policy of insurance for workers’ compensation, as described in paragraph (c) of subsection 1 of NRS 681A.020, issued jointly with and supplemental to a policy for health insurance, as defined in NRS 681A.030, by one or more insurers covering the same individual for the same policy period.

      Sec. 12.  NRS 681A.010 is hereby amended to read as follows:

      681A.010  1.  As used in this Code, unless the context otherwise requires, the words and terms defined in NRS 681A.020 to 681A.080, inclusive, [shall] and section 11 of this act have the meanings ascribed to them in [NRS 681A.020 to 681A.080, inclusive.] those sections.

      2.  It is intended that certain insurance coverages may come within the definitions of two or more kinds of insurance as defined in this chapter, and the inclusion of such coverage within one definition shall not exclude it as to any other kind of insurance within the definition of which such coverage is likewise reasonably includable.

      Sec. 13.  NRS 681A.020 is hereby amended to read as follows:

      681A.020  1.  “Casualty insurance” includes:

      (a) Vehicle insurance. Insurance against loss of or damage to any land vehicle or aircraft or any draft or riding animal or to property while contained therein or thereon or being loaded or unloaded therein or therefrom, from any hazard or cause, and against any loss, liability or expense resulting from or incidental to ownership, maintenance or use of any such vehicle, aircraft or animal, together with insurance against accidental injury to natural persons, irrespective of legal liability of the insured, including the named insured, while in, entering, alighting from, adjusting, repairing, cranking, or caused by being struck by a vehicle, aircraft or draft or riding animal, if such insurance is issued as an incidental part of insurance on the vehicle, aircraft or draft or riding animal.

      (b) Liability insurance. Insurance against legal liability for the death, injury or disability of any human being, or for damage to property, including liability resulting from negligence in rendering expert, fiduciary or professional services , [;] and provisions of medical, hospital, surgical, disability benefits to injured persons and funeral and death benefits to dependents, beneficiaries or personal representatives of persons killed, irrespective of legal liability of the insured, when issued as an incidental coverage with or supplemental to liability insurance.

      (c) Workmen’s or workers’ compensation and employer’s liability. Insurance of the obligations accepted by, imposed upon or assumed by employers under law for death, disablement or injury of employees.

      (d) Burglary and theft. Insurance against loss or damage by burglary, theft, larceny, robbery, forgery, fraud, vandalism, malicious mischief, confiscation, or wrongful conversion, disposal or concealment, or from any attempt at any of the foregoing, including supplemental coverage for medical, hospital, surgical and funeral expense incurred by the named insured or any other person as a result of bodily injury during the commission of a burglary, robbery or theft by another, and , also, insurance against loss of or damage to moneys, coins, bullion, securities, notes, drafts, acceptances or any other valuable papers and documents, resulting from any cause.

 


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

ê2009 Statutes of Nevada, Page 3044 (Chapter 500, SB 195)ê

 

commission of a burglary, robbery or theft by another, and , also, insurance against loss of or damage to moneys, coins, bullion, securities, notes, drafts, acceptances or any other valuable papers and documents, resulting from any cause.

      (e) Personal property floater. Insurance upon personal effects against loss or damage from any cause.

      (f) Glass. Insurance against loss or damage to glass, including its lettering, ornamentation and fittings.

      (g) Boiler and machinery. Insurance against any liability and loss or damage to property or interest resulting from accidents to or explosions of boilers, pipes, pressure containers, machinery or apparatus, and to make inspection of and issue certificates of inspection upon boilers, machinery and apparatus of any kind, whether or not insured.

      (h) Leakage and fire extinguishing equipment. Insurance against loss or damage to any property or interest caused by the breakage or leakage of sprinklers, hoses, pumps and other fire-extinguishing equipment or apparatus, water pipes or containers, or by water entering through leaks or openings in buildings, and insurance against loss or damage to such sprinklers, hoses, pumps and other fire-extinguishing equipment or apparatus.

      (i) Credit and mortgage guaranty. Insurance against loss or damage resulting from failure of debtors to pay their obligations to the insured, and insurance of real property mortgage lenders against loss by reason of nonpayment of the mortgage indebtedness.

      (j) Elevator. Insurance against loss of or damage to any property of the insured, resulting from the ownership, maintenance or use of elevators, except loss or damage by fire, and to make inspection of and issue certificates of inspection upon, elevators.

      (k) Congenital defects. Insurance against congenital defects in human beings.

      (l) Livestock. Insurance against loss or damage to livestock, and services of a veterinary for such animals.

      (m) Entertainments. Insurance indemnifying the producer of any motion picture, television, radio, theatrical, sport, spectacle, entertainment, or similar production, event or exhibition against loss from interruption, postponement or cancellation thereof due to death, accidental injury or sickness of performers, participants, directors or other principals.

      (n) Miscellaneous. Insurance against any other kind of loss, damage or liability properly a subject of insurance and not within any other kind of insurance as defined in this chapter, if such insurance is not disapproved by the Commissioner as being contrary to law or public policy, including insurance for home protection issued pursuant to NRS 690B.100 to 690B.180, inclusive.

      2.  Provision of medical, hospital, surgical and funeral benefits, and of coverage against accidental death or injury, as incidental to and part of other insurance as stated under paragraphs (a) (vehicle), (b) (liability), (d) (burglary), (g) (boiler and machinery) [,] and (j) (elevator) of subsection 1 shall for all purposes be deemed to be the same kind of insurance to which it is so incidental, and is not subject to provisions of this Code applicable to life and health insurances.

 


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

ê2009 Statutes of Nevada, Page 3045 (Chapter 500, SB 195)ê

 

      Sec. 14.  Chapter 683A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person licensed as a producer of continuous care coverage shall not sell, solicit or negotiate insurance for workers’ compensation unless:

      (a) The person is licensed as a producer of casualty insurance; or

      (b) The policy of insurance for workers’ compensation is sold jointly with and supplemental to a policy of health insurance covering the same individual for the same policy period.

      2.  A person who violates the provisions of subsection 1 is subject to an administrative fine pursuant to subsection 3 of NRS 683A.201.

      Sec. 15.  NRS 683A.08524 is hereby amended to read as follows:

      683A.08524  1.  Except as otherwise provided in subsection 2 [,] or 3, the Commissioner shall issue a certificate of registration as an administrator to an applicant who:

      (a) Submits an application on a form prescribed by the Commissioner;

      (b) Has complied with the provisions of NRS 683A.08522; and

      (c) Pays the fee for the issuance of a certificate of registration prescribed in NRS 680B.010.

      2.  The Commissioner may refuse to issue a certificate of registration as an administrator to an applicant if the Commissioner determines that the applicant or any person who has completed an affidavit pursuant to subsection 6 of NRS 683A.08522:

      (a) Is not competent to act as an administrator;

      (b) Is not trustworthy or financially responsible;

      (c) Does not have a good personal or business reputation;

      (d) Has had a license or certificate to transact insurance denied for cause, suspended or revoked in this state or any other state;

      (e) Has failed to comply with any provision of this chapter; or

      (f) Is financially unsound.

      3.  The Commissioner shall submit the information supplied by an applicant pursuant to subsection 1 to the Division of Industrial Relations of the Department of Business and Industry for final approval in accordance with the regulations adopted pursuant to subsection 8 of NRS 616A.400. Unless the Division provides final approval for the applicant to the Commissioner, the Commissioner shall not issue a certificate of registration as an administrator to the applicant.

      Sec. 16.  NRS 683A.261 is hereby amended to read as follows:

      683A.261  1.  Unless the Commissioner refuses to issue the license under NRS 683A.451, he shall issue a license as a producer of insurance to a person who has satisfied the requirements of NRS 683A.241 and 683A.251. A producer of insurance may qualify for a license in one or more of the lines of authority permitted by statute or regulation, including:

      (a) Life insurance on human lives, which includes benefits from endowments and annuities and may include additional benefits from death by accident and benefits for dismemberment by accident and for disability.

      (b) Health insurance for sickness, bodily injury or accidental death, which may include benefits for disability.

      (c) Property insurance for direct or consequential loss or damage to property of every kind.

 


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

ê2009 Statutes of Nevada, Page 3046 (Chapter 500, SB 195)ê

 

      (d) Casualty insurance against legal liability, including liability for death, injury or disability and damage to real or personal property.

      (e) Surety indemnifying financial institutions or providing bonds for fidelity, performance of contracts or financial guaranty.

      (f) Variable annuities and variable life insurance, including coverage reflecting the results of a separate investment account.

      (g) Credit insurance, including life, disability, property, unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed protection of assets, and any other form of insurance offered in connection with an extension of credit that is limited to wholly or partially extinguishing the obligation which the Commissioner determines should be considered as limited-line credit insurance.

      (h) Personal lines, consisting of automobile and motorcycle insurance and residential property insurance, including coverage for flood, of personal watercraft and of excess liability, written over one or more underlying policies of automobile or residential property insurance.

      (i) Fixed annuities as a limited line.

      (j) Travel and baggage as a limited line.

      (k) Rental car agency as a limited line.

      (l) Continuous care coverage, which includes health insurance, as set forth in paragraph (b), and may include insurance for workers’ compensation.

      2.  A license as a producer of insurance remains in effect unless revoked, suspended or otherwise terminated if a request for a renewal is submitted on or before the date for the renewal specified on the license, the fee for renewal and a fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account are paid for each license and each authorization to transact business on behalf of a business organization licensed pursuant to subsection 2 of NRS 683A.251, and any requirement for education or any other requirement to renew the license is satisfied by the date specified on the license for the renewal. A producer of insurance may submit a request for a renewal of his license within 30 days after the date specified on the license for the renewal if the producer of insurance otherwise complies with the provisions of this subsection and pays, in addition to any fee paid pursuant to this subsection, a penalty of 50 percent of the renewal fee. A license as a producer of insurance expires if the Commissioner receives a request for a renewal of the license more than 30 days after the date specified on the license for the renewal. A fee paid pursuant to this subsection is nonrefundable.

      3.  A natural person who allows his license as a producer of insurance to expire may reapply for the same license within 12 months after the date specified on the license for a renewal without passing a written examination or completing a course of study required by paragraph (c) of subsection 1 of NRS 683A.251, but a penalty of twice the renewal fee is required for any request for a renewal of the license that is received after the date specified on the license for the renewal.

      4.  A licensed producer of insurance who is unable to renew his license because of military service, extended medical disability or other extenuating circumstance may request a waiver of the time limit and of any fine or sanction otherwise required or imposed because of the failure to renew.

 


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

ê2009 Statutes of Nevada, Page 3047 (Chapter 500, SB 195)ê

 

      5.  A license must state the licensee’s name, address, personal identification number, the date of issuance, the lines of authority and the date of expiration and must contain any other information the Commissioner considers necessary. A resident producer of insurance shall maintain a place of business in this State which is accessible to the public and where he principally conducts transactions under his license. The place of business may be in his residence. The license must be conspicuously displayed in an area of the place of business which is open to the public.

      6.  A licensee shall inform the Commissioner of each change of location from which he conducts business as a producer of insurance and each change of business or residence address, in writing or by other means acceptable to the Commissioner, within 30 days after the change. If a licensee changes the location from which he conducts business as a producer of insurance or his business or residence address without giving written notice and the Commissioner is unable to locate the licensee after diligent effort, he may revoke the license without a hearing. The mailing of a letter by certified mail, return receipt requested, addressed to the licensee at his last mailing address appearing on the records of the Division, and the return of the letter undelivered, constitutes a diligent effort by the Commissioner.

      Sec. 17.  1.  This section and section 3 of this act become effective upon passage and approval.

      2.  Sections 11 to 14, inclusive, and 16 of this act become effective on July 1, 2009.

      3.  Sections 1, 1.5, 2, 4 to 10, inclusive, and 15 of this act become effective on October 1, 2009.

________

 


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

ê2009 Statutes of Nevada, Page 3048ê

 

CHAPTER 501, SB 201

Senate Bill No. 201–Senators Amodei, Washington, Townsend; Horsford, McGinness, Nolan, Raggio and Schneider

 

Joint Sponsors: Assemblymen Buckley, Smith, Atkinson; Anderson, Bobzien, Gansert, Leslie, Oceguera and Parnell

 

CHAPTER 501

 

AN ACT relating to taxation; authorizing certain counties to impose additional taxes on fuels for motor vehicles; providing for the administration, allocation, disbursement and use of the additional taxes; exempting the sale of revenue bonds secured by county fuel taxes from certain requirements; and providing other matters properly relating thereto.

 

[Veto Overridden. Date Filed: June 2, 2009]

 

Legislative Counsel’s Digest:

      This bill carries out Washoe County Ballot Question No. RTC-5, which was approved by the voters of the county at the 2008 General Election and advises the Board of County Commissioners to seek state legislation to obtain additional funding for transportation projects in Washoe County. In particular, section 3 of this bill authorizes the board of county commissioners of a county whose population is 100,000 or more but less than 400,000 and in which a regional transportation commission has been created and a county tax is imposed on motor vehicle fuel (currently Washoe County only) to impose additional county taxes on motor vehicle fuel and various special fuels used in motor vehicles. These taxes would cause annual increases in the current amount of taxes imposed on such fuels based upon increases in the Producer Price Index for Highway and Street Construction, an index published by the United States Department of Labor which measures inflation in the costs of such construction. Sections 4 and 8-18 of this bill require the administration, allocation, disbursement and use of these tax increases in the same manner as certain existing fuel taxes, except that section 8 excludes these tax increases from part of the provisions of certain interstate agreements and section 16 requires the expenditure of part of these tax increases in accordance with priorities established in coordination and cooperation with the Nevada Department of Transportation. Additionally, section 4 requires the annual review of these tax increases by the regional transportation commission.

      Existing law authorizes the board of county commissioners of a county whose population is less than 400,000 (currently all counties other than Clark County) to impose annual increases in the amount of certain taxes imposed on motor vehicle fuel based upon increases in the Consumer Price Index. (NRS 373.065) Sections 5 and 7 of this bill require these annual tax increases to cease upon the implementation in the county of the annual tax increases authorized by this bill. Additionally, section 5 applies the current exemptions from fuel taxes to the tax increases authorized by this bill, other than the exemption for certain undyed special fuel which is sold or used for any purpose other than to propel a motor vehicle upon the public highways.

      Section 19 of this bill exempts the sale of revenue bonds which are secured by county fuel taxes from various requirements concerning the sale of bonds by competitive bid or negotiated sale. (NRS 350.155)

 


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

ê2009 Statutes of Nevada, Page 3049 (Chapter 501, SB 201)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 365.210 is hereby amended to read as follows:

      365.210  1.  No county, city or other political subdivision or municipal corporation may levy or collect any excise, privilege or occupation tax upon or measured by the receipt, storage, sale, distribution, transportation or use of motor vehicle fuel, fuel for jet or turbine-powered aircraft or any other inflammable or combustible liquids except:

      (a) The county [motor vehicle fuel tax] fuel taxes authorized by chapter 373 of NRS.

      (b) A tax on fuel for jet or turbine-powered aircraft authorized by NRS 365.203.

      (c) A tax on aviation fuel authorized by NRS 365.203.

      (d) Any motor vehicle fuel taxation in effect on January 1, 1935, in any city or town.

      (e) A tax or fee imposed upon a business by a county or city that is authorized by law, except as otherwise provided in subsection 2 or pursuant to subsection 1 of NRS 364.210.

      2.  After March 25, 1991, no county, city or other political subdivision or municipal corporation responsible for the operation of an airport may impose a new tax or fee upon the sale or distribution of fuel for jet or turbine-powered aircraft except:

      (a) A tax on fuel for jet or turbine-powered aircraft authorized by NRS 365.203.

      (b) Any fuel flowage fee imposed upon aircraft or organizations servicing aircraft in lieu of rent for use of the terminal, landing fees or other airport charges.

      Sec. 2.  Chapter 373 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.

      Sec. 3.  1.  Except as otherwise provided in this section, in a county whose population is 100,000 or more but less than 400,000 and in which a regional transportation commission has been created and a tax is imposed pursuant to NRS 373.030:

      (a) The board may by ordinance impose:

            (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 4.2248 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

            (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 4.2248 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

      (b) The board may by ordinance impose:

            (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 2.0538 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

 


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

ê2009 Statutes of Nevada, Page 3050 (Chapter 501, SB 201)ê

 

or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

            (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 2.0538 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

      (c) The board may by ordinance impose:

            (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 1.1736 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

            (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 1.1736 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

      (d) The board may by ordinance impose:

            (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 10.5621 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

            (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 10.5621 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

      (e) The board may by ordinance impose:

            (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 18.455 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

            (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.455 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

 


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

ê2009 Statutes of Nevada, Page 3051 (Chapter 501, SB 201)ê

 

      (f) The board may by ordinance impose:

            (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 18.4 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

            (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.4 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

      (g) The board may by ordinance impose:

            (1) An excise tax on each gallon of special fuel that consists of an emulsion of water-phased hydrocarbon fuel sold in the county in an amount equal to the product obtained by multiplying 19 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

            (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 19 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

      (h) The board may by ordinance impose:

            (1) An excise tax on each gallon of special fuel that consists of liquefied petroleum gas sold in the county in an amount equal to the product obtained by multiplying 22 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

            (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 22 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

      (i) The board may by ordinance impose:

            (1) An excise tax on each gallon of special fuel that consists of compressed natural gas sold in the county in an amount equal to the product obtained by multiplying 21 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

            (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 21 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

 


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

ê2009 Statutes of Nevada, Page 3052 (Chapter 501, SB 201)ê

 

21 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

      (j) The board may by ordinance impose:

            (1) An excise tax on each gallon of special fuel sold in the county, other than any special fuel described in paragraph (g), (h) or (i), in an amount equal to the product obtained by multiplying 27.75 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

            (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 27.75 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

      (k) The board may by ordinance impose:

            (1) An excise tax on each gallon of special fuel that consists of liquefied petroleum gas sold in the county in an amount equal to the product obtained by multiplying 18.3 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

            (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.3 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

      (l) The board may by ordinance impose:

            (1) An excise tax on each gallon of special fuel that consists of compressed natural gas sold in the county in an amount equal to the product obtained by multiplying 18.3 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

            (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.3 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

      (m) The board may by ordinance impose:

            (1) An excise tax on each gallon of special fuel sold in the county, other than any special fuel described in paragraph (k) or (l), which is taxed by the Federal Government at a rate per gallon or gallon equivalent of 24.4 cents or more, in an amount equal to the product obtained by multiplying 24.4 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

 


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

ê2009 Statutes of Nevada, Page 3053 (Chapter 501, SB 201)ê

 

24.4 cents or more, in an amount equal to the product obtained by multiplying 24.4 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

            (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 24.4 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

      2.  A board may not adopt an ordinance authorized by this section unless a question concerning the imposition of the tax pursuant to this section is first approved by a majority of the registered voters of the county voting upon the question, which the board may submit to the voters at any general election. The Committee on Local Government Finance shall annually provide to each city clerk, county clerk and district attorney in this State forms for submitting a question to the registered voters of a county pursuant to this subsection. Any question submitted to the registered voters of a county pursuant to this subsection must be in the form most recently provided by the Committee on Local Government Finance.

      3.  Any ordinance authorized by this section may be adopted in combination with any other ordinance authorized by this section, and a single ordinance may be adopted pursuant to this section which imposes all or any combination of the taxes authorized by this section. Upon the adoption of an ordinance authorized by this section, no further action by the board is necessary to effectuate the annual increases in each tax imposed by the ordinance.

      4.  Any ordinance adopted pursuant to this section:

      (a) Must become effective on:

            (1) The first day of the first calendar quarter beginning not less than 90 days after the adoption of the ordinance; or

            (2) January 1, 2010,

Ê whichever occurs later; and

      (b) Is not affected by any changes in the population of the county which occur after the adoption of the ordinance.

      5.  For the purposes of this section:

      (a) “Adjusted average street and highway construction inflation index” means:

            (1) For the fiscal year in which an ordinance adopted pursuant to this section becomes effective, the percentage obtained by adding the average street and highway construction inflation index for that fiscal year to:

                  (I) If the average street and highway construction inflation index for the preceding fiscal year is greater than 7.8 percent, the remainder obtained by subtracting 7.8 percent from the average street and highway construction inflation index for the preceding fiscal year; or

                  (II) If the average street and highway construction inflation index for the preceding fiscal year is less than or equal to 7.8 percent, zero; and

 


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

ê2009 Statutes of Nevada, Page 3054 (Chapter 501, SB 201)ê

 

            (2) For each fiscal year following the fiscal year in which the ordinance becomes effective, the percentage obtained by adding the average street and highway construction inflation index for that fiscal year to:

                  (I) If the adjusted average street and highway construction inflation index for the preceding fiscal year is greater than 7.8 percent, the remainder obtained by subtracting 7.8 percent from the adjusted average street and highway construction inflation index for the preceding fiscal year; or

                  (II) If the adjusted average street and highway construction inflation index for the preceding fiscal year is less than or equal to 7.8 percent, zero.

      (b) “Average street and highway construction inflation index” for a fiscal year means the average percentage increase in the street and highway construction inflation index for the 10 calendar years preceding the beginning of that fiscal year.

      (c) “Special fuel” has the meaning ascribed to it in NRS 366.060.

      (d) “Street and highway construction inflation index” means the Producer Price Index for Highway and Street Construction or, if that index ceases to be published by the United States Department of Labor, the published index that most closely measures inflation in the costs of street and highway construction, as determined by the commission.

      Sec. 4.  1.  Any ordinance that imposes a tax pursuant to:

      (a) The provisions of paragraph (a) of subsection 1 of section 3 of this act must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.180.

      (b) The provisions of paragraph (b) of subsection 1 of section 3 of this act must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.190.

      (c) The provisions of paragraph (c) of subsection 1 of section 3 of this act must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.192.

      (d) Any of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of section 3 of this act must, except as otherwise required by subsection 6 of NRS 373.140, require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030.

      2.  Any ordinance adopted pursuant to section 3 of this act must:

      (a) Include a provision prohibiting the imposition of any penalties and interest for the failure to make any payments of any tax imposed by the ordinance which become due within the initial 6 months after the ordinance becomes effective. This provision must apply only to taxes imposed pursuant to section 3 of this act and must not apply to any tax imposed pursuant to any other ordinance.

 


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

ê2009 Statutes of Nevada, Page 3055 (Chapter 501, SB 201)ê

 

      (b) Require the commission:

            (1) To review, at a public meeting conducted after the provision of public notice and before the effective date of each annual increase imposed by the ordinance:

                  (I) The amount of that increase and the accuracy of its calculation;

                  (II) The amounts of any annual increases imposed by the ordinance in previous years and the revenue collected pursuant to those increases;

                  (III) Any improvements to the regional system of transportation resulting from revenue collected pursuant to any annual increases imposed by the ordinance in previous years; and

                  (IV) Any other information relevant to the effect of the annual increases on the public; and

            (2) To submit to the board any information the commission receives suggesting that the annual increase should be adjusted.

      Sec. 5.  1.  Any tax imposed pursuant to the provisions of:

      (a) Paragraphs (a) to (f), inclusive, of subsection 1 of section 3 of this act does not apply to any fuel described in NRS 365.220 or 365.230.

      (b) Paragraphs (g) to (m), inclusive, of subsection 1 of section 3 of this act does not apply to any sales or uses described in NRS 366.200, except to any sales or uses described in subsection 1 of that section of any special fuel to which dye has not been added pursuant to federal law or the law of this State, of a type which is lawfully sold in this State both:

            (1) As special fuel to which dye has been added pursuant to such law; and

            (2) As special fuel to which dye has not been added pursuant to such law.

      2.  Each tax imposed pursuant to section 3 of this act is in addition to any other motor vehicle fuel taxes and special fuel taxes imposed pursuant to the provisions of this chapter and chapters 365, 366 and 590 of NRS, except that on the effective date of an ordinance adopted pursuant to:

      (a) Paragraph (a) of subsection 1 of section 3 of this act, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (b) Paragraph (b) of subsection 1 of section 3 of this act, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (c) Paragraph (c) of subsection 1 of section 3 of this act, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (c) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (d) Paragraph (d) of subsection 1 of section 3 of this act, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (d) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

 


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

ê2009 Statutes of Nevada, Page 3056 (Chapter 501, SB 201)ê

 

paragraph (d) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      Sec. 6.  NRS 373.010 is hereby amended to read as follows:

      373.010  This chapter is known and may be cited as the County [Motor Vehicle] Fuel Tax Law.

      Sec. 7.  NRS 373.065 is hereby amended to read as follows:

      373.065  1.  Except as otherwise provided in this section [,] and section 5 of this act, in a county whose population is less than 400,000:

      (a) The board may by ordinance impose:

            (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying the amount of the tax imposed pursuant to NRS 365.180 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and

            (2) An annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to NRS 365.180 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.

      (b) The board may by ordinance impose:

            (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying the amount of the tax imposed pursuant to NRS 365.190 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and

            (2) An annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to NRS 365.190 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.

      (c) The board may by ordinance impose:

            (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying the amount of the tax imposed pursuant to NRS 365.192 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and

            (2) An annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to NRS 365.192 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.

      (d) If the board imposes a tax pursuant to paragraph (b) of subsection 1 of NRS 373.030, the board may by ordinance impose:

 


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

ê2009 Statutes of Nevada, Page 3057 (Chapter 501, SB 201)ê

 

            (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel and leaded racing fuel, sold in the county in an amount equal to the product obtained by multiplying the amount of the tax imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and

            (2) An annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.

      2.  A board may not adopt any ordinance authorized by this section unless:

      (a) In a county for all or part of which a streets and highways plan has been adopted as a part of the master plan by the county or regional planning commission pursuant to NRS 278.150, the board first:

            (1) Imposes a tax pursuant to paragraph (b) of subsection 1 of NRS 373.030 at the maximum rate authorized pursuant to that paragraph; or

            (2) Submits to the voters of the county at a general or special election the question of whether to impose a tax pursuant to paragraph (b) of subsection 1 of NRS 373.030 at the maximum rate authorized pursuant to that paragraph; and

      (b) A question concerning the imposition of the tax pursuant to this section is first approved by a majority of the registered voters of the county voting upon the question which the board may submit to the voters at any general election. The Committee on Local Government Finance shall annually provide to each city clerk, county clerk and district attorney in this State forms for submitting a question to the registered voters of a county pursuant to this paragraph. Any question submitted to the registered voters of a county pursuant to this paragraph must be in the form most recently provided by the Committee on Local Government Finance.

      3.  An ordinance adopted pursuant to this section in a county whose population is less than 100,000:

      (a) Must be reapproved, in addition to the approval required by paragraph (b) of subsection 2, at least once every 8 years by a majority of the registered voters of the county voting on the question which the board may submit to the voters at any general election; and

      (b) Expires by limitation no later than the last day of the 8th calendar year following the calendar year in which the ordinance was:

            (1) Approved in accordance with paragraph (b) of subsection 2; or

            (2) Most recently reapproved in accordance with this subsection,

Ê whichever occurs later.

      4.  Any ordinance authorized by this section may be adopted in combination with any other ordinance authorized by this section. Each tax imposed pursuant to this section is in addition to any other motor vehicle fuel taxes imposed pursuant to the provisions of this chapter and chapter 365 of NRS. Upon adoption of an ordinance authorized by this section, no further action by the board is necessary to effectuate the annual increases before the ordinance expires by limitation [.] or the authority to impose additional tax increases expires by limitation pursuant to section 5 of this act.

 


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

ê2009 Statutes of Nevada, Page 3058 (Chapter 501, SB 201)ê

 

      5.  Any ordinance adopted pursuant to this section must:

      (a) Become effective on the first day of the first calendar quarter beginning not less than 90 days after the adoption of the ordinance; and

      (b) If the board has created a regional transportation commission in the county, require the commission:

            (1) To review, at a public meeting conducted after the provision of public notice and before the effective date of each annual increase imposed by the ordinance:

                  (I) The amount of that increase and the accuracy of its calculation;

                  (II) The amounts of any annual increases imposed by the ordinance in previous years and the revenue collected pursuant to those increases;

                  (III) Any improvements to the regional system of transportation resulting from revenue collected pursuant to any annual increases imposed by the ordinance in previous years; and

                  (IV) Any other information relevant to the effect of the annual increases on the public; and

            (2) To submit to the board any information the commission receives suggesting that the annual increase should be adjusted.

      6.  Any ordinance adopted pursuant to:

      (a) Paragraph (a) of subsection 1 must:

            (1) Require the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.180; and

            (2) Expire by limitation no later than the effective date of any increase or decrease in the amount of the tax imposed pursuant to NRS 365.180 which becomes effective after the adoption of that ordinance.

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

            (1) Require the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.190; and

            (2) Expire by limitation no later than the effective date of any increase or decrease in the amount of the tax imposed pursuant to NRS 365.190 which becomes effective after the adoption of that ordinance.

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

            (1) Require the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.192; and

            (2) Expire by limitation no later than the effective date of any increase or decrease in the amount of the tax imposed pursuant to NRS 365.192 which becomes effective after the adoption of that ordinance.

      (d) Paragraph (d) of subsection 1 must:

            (1) Require the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030; and

 


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

ê2009 Statutes of Nevada, Page 3059 (Chapter 501, SB 201)ê

 

            (2) Expire by limitation no later than the effective date of any subsequent ordinance increasing or decreasing the amount of the tax imposed in that county pursuant to paragraph (b) of subsection 1 of NRS 373.030.

      Sec. 8.  NRS 373.070 is hereby amended to read as follows:

      373.070  1.  Any [motor vehicle] fuel tax ordinance enacted under this chapter must include provisions in substance as follows:

      [1.] (a) A provision imposing the additional excise tax and stating the amount of the tax per gallon of fuel.

      [2.] (b) If the ordinance imposes a tax on motor vehicle fuel:

            (1) Provisions identical to those contained in chapter 365 of NRS on the date of enactment of the ordinance, insofar as applicable, except that [the] :

                  (I) The name of the county as taxing agency must be substituted for that of the State ; and [that an]

                  (II) An additional supplier’s license is not required.

      [3.] (2) A provision that all amendments to chapter 365 of NRS subsequent to the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the motor vehicle fuel tax ordinance of the county.

      (c) If the ordinance imposes a tax on special fuel:

            (1) Provisions identical to those contained in chapter 366 of NRS on the date of enactment of the ordinance, insofar as applicable and not inconsistent with this chapter, except that:

                  (I) The name of the county as taxing agency must be substituted for that of the State;

                  (II) An additional special fuel supplier’s license is not required;

                  (III) The ordinance must not include any provisions identical to NRS 366.175 other than the provisions relating to auditing; and

                  (IV) The ordinance must include provisions which carry out the requirements of paragraph (b) of subsection 1 of section 5 of this act and which prohibit the refund of any tax paid on any taxable sales or uses described in that paragraph.

            (2) A provision that all amendments to chapter 366 of NRS subsequent to the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the special fuel tax ordinance of the county.

      [4.] (d) A provision that the county shall contract before the effective date of the county [motor vehicle] fuel tax ordinance with the Department to perform all functions incident to the administration or operation of the [motor vehicle] fuel tax ordinance of the county, including, if the ordinance is enacted pursuant to NRS 373.065 [,] or section 3 of this act, the calculation of each annual increase in the tax imposed pursuant to the ordinance.

      2.  The provisions of this section do not subject any county fuel taxes imposed pursuant to this chapter to the provisions of NRS 366.175 or any agreement made pursuant thereto, except for those provisions of NRS 366.175 and any agreement made pursuant thereto which relate to auditing. The administration, collection and distribution of any county fuel taxes imposed pursuant to this chapter do not affect, and are not affected by, the administration, collection and distribution of any fuel taxes under any agreement made pursuant to NRS 366.175.

 


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

ê2009 Statutes of Nevada, Page 3060 (Chapter 501, SB 201)ê

 

      Sec. 9.  NRS 373.075 is hereby amended to read as follows:

      373.075  Any ordinance amending a [motor] fuel tax ordinance enacted pursuant to this chapter [shall] must include a provision in substance that the county shall amend the contract made under paragraph (d) of subsection [4] 1 of NRS 373.070 by a contract made between the county and the State acting by and through the Department before the effective date of such amendatory ordinance, unless the county determines with the written concurrence of the commission that no such amendment of the contract is necessary or desirable.

      Sec. 10.  NRS 373.080 is hereby amended to read as follows:

      373.080  All [motor vehicle] fuel taxes collected during any month by the Department pursuant to a contract with a county must be transmitted each month by the Department to the county and the Department shall, in accordance with the terms of the contract, charge the county for the Department’s services specified in this section and in NRS 373.070, except that in the case of a [motor vehicle] fuel tax imposed pursuant to NRS 373.065 [,] or section 3 of this act, the charge must not exceed 1 percent of the tax collected by the Department.

      Sec. 11.  NRS 373.090 is hereby amended to read as follows:

      373.090  For the purpose of each tax imposed by an ordinance enacted pursuant to this chapter, [motor vehicle] fuel is sold at the place where it is delivered into a vehicle not belonging to the seller or into a stationary tank on the premises of the buyer.

      Sec. 12.  NRS 373.110 is hereby amended to read as follows:

      373.110  All the net proceeds of [the county motor vehicle] any county fuel tax:

      1.  Imposed pursuant to the provisions of paragraph (b) of subsection 1 of NRS 373.030 , [or] paragraph (d) of subsection 1 of NRS 373.065 or paragraphs (d) to (m), inclusive, of subsection 1 of section 3 of this act which are received by the county pursuant to NRS 373.080 must, except as otherwise provided in NRS 373.119, be deposited by the county treasurer in a fund to be known as the regional street and highway fund in the county treasury, and disbursed only in accordance with the provisions of this chapter. After July 1, 1975, the regional street and highway fund must be accounted for as a separate fund and not as a part of any other fund.

      2.  Imposed pursuant to the provisions of paragraph (a), (b) or (c) of subsection 1 of NRS 373.065 or paragraph (a), (b) or (c) of subsection 1 of section 3 of this act which are received by the county pursuant to NRS 373.080 must be allocated, disbursed and used as provided in the ordinance imposing the tax.

      Sec. 13.  NRS 373.119 is hereby amended to read as follows:

      373.119  1.  Except to the extent pledged before July 1, 1985, the board may use that portion of the revenue collected pursuant to the provisions of this chapter from any taxes imposed pursuant to the provisions of paragraph (b) of subsection 1 of NRS 373.030 , [or] paragraph (d) of subsection 1 of NRS 373.065 or paragraphs (d) to (m), inclusive, of subsection 1 of section 3 of this act that represents collections from the sale of fuel for use in boats at marinas in the county to make capital improvements or to conduct programs to encourage safety in boating. If the county does not control a body of water, where an improvement or program is appropriate, the board may contract with an appropriate person or governmental organization for the improvement or program.

 


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

ê2009 Statutes of Nevada, Page 3061 (Chapter 501, SB 201)ê

 

      2.  Each marina shall report monthly to the Department the number of gallons of motor vehicle fuel sold for use in boats. The report must be made on or before the 25th day of each month for sales during the preceding month.

      Sec. 14.  NRS 373.120 is hereby amended to read as follows:

      373.120  1.  No county [motor vehicle] fuel tax ordinance [shall] may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued [hereunder] under this chapter or other obligations incurred [hereunder,] under this chapter, until all obligations for which revenues from such ordinance have been pledged or otherwise made payable from such revenues [,] pursuant to this chapter [,] have been discharged in full, but the board may at any time dissolve the commission and provide that no further obligations [shall] may be incurred thereafter.

      2.  The faith of the State of Nevada is hereby pledged that this chapter, NRS 365.180 to 365.200, inclusive, and 365.562, and any law supplemental thereto, including without limitation, provisions for the distribution to any county designated in NRS 373.030 or 373.065 or section 3 of this act, of the proceeds of the [motor vehicle] fuel taxes collected thereunder [, shall] will not be repealed , [nor] amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued [hereunder] under this chapter or other obligations incurred [hereunder,] under this chapter, until all obligations for which any such tax proceeds have been pledged or otherwise made payable from such tax proceeds [,] pursuant to this chapter [,] have been discharged in full, but the State of Nevada may at any time provide by act that no further obligations [shall] may be incurred thereafter.

      Sec. 15.  NRS 373.130 is hereby amended to read as follows:

      373.130  1.  Money for the payment of the cost of a project within the area embraced by a regional plan for transportation established pursuant to NRS 373.1161 may be obtained by the issuance of revenue bonds and other revenue securities as provided in subsection 2 or, subject to any pledges, liens and other contractual limitations made pursuant to the provisions of this chapter, may be obtained by direct distribution from the regional street and highway fund, except to the extent any such use is prevented by the provisions of NRS 373.150, or may be obtained both by the issuance of such securities and by such direct distribution, as the board may determine. Money for street and highway construction outside the area embraced by the plan may be distributed directly from the regional street and highway fund as provided in NRS 373.150.

      2.  The board may, after the enactment of [an ordinance as] any ordinance authorized by the provisions of paragraph (b) of subsection 1 of NRS 373.030 , [or] paragraph (d) of subsection 1 of NRS 373.065 [,] or paragraphs (d) to (m), inclusive, of subsection 1 of section 3 of this act, issue revenue bonds and other revenue securities, on the behalf and in the name of the county:

      (a) The total of all of which, issued and outstanding at any one time, must not be in an amount requiring a total debt service in excess of the estimated receipts to be derived from the taxes imposed pursuant to the provisions of paragraph (b) of subsection 1 of NRS 373.030 , [and] paragraph (d) of subsection 1 of NRS 373.065 [;] and paragraphs (d) to (m), inclusive, of subsection 1 of section 3 of this act;

      (b) Which must not be general obligations of the county or a charge on any real estate therein; and

 


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

ê2009 Statutes of Nevada, Page 3062 (Chapter 501, SB 201)ê

 

      (c) Which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the [motor vehicle] fuel taxes designated in this chapter, except such portion of the receipts as may be required for the direct distributions authorized by NRS 373.150.

      3.  A county is authorized to issue bonds without the necessity of their being authorized at any election in such manner and with such terms as provided in this chapter.

      4.  Subject to the provisions of this chapter, for any project authorized therein the board of any county may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence obligations by the issuance of bonds and other county securities, and in connection with the undertaking or project, the board may otherwise proceed as provided in the Local Government Securities Law.

      5.  All such securities constitute special obligations payable from the net receipts of the [motor vehicle] fuel taxes designated in this chapter except as otherwise provided in NRS 373.150, and the pledge of revenues to secure the payment of the securities must be limited to those net receipts.

      6.  Except for:

      (a) Any notes or warrants which are funded with the proceeds of interim debentures or bonds;

      (b) Any interim debentures which are funded with the proceeds of bonds;

      (c) Any temporary bonds which are exchanged for definitive bonds;

      (d) Any bonds which are reissued or which are refunded; and

      (e) The use of any profit from any investment and reinvestment for the payment of any bonds or other securities issued pursuant to the provisions of this chapter,

Ê all bonds and other securities issued pursuant to the provisions of this chapter must be payable solely from the proceeds of [motor vehicle] fuel taxes collected by or remitted to the county pursuant to chapter 365 of NRS, as supplemented by this chapter. Receipts of the taxes levied in NRS 365.180 and 365.190 and pursuant to the provisions of paragraphs (a) and (b) of subsection 1 of NRS 373.065 and paragraphs (a) and (b) of subsection 1 of section 3 of this act may be used by the county for the payment of securities issued pursuant to the provisions of this chapter and may be pledged therefor. If during any period any securities payable from these tax proceeds are outstanding, the tax receipts must not be used directly for the construction, maintenance and repair of any streets, roads or other highways nor for any purchase of equipment therefor, and the receipts of the tax levied in NRS 365.190 must not be apportioned pursuant to subsection 2 of NRS 365.560 unless, at any time the tax receipts are so apportioned, provision has been made in a timely manner for the payment of such outstanding securities as to the principal of, any prior redemption premiums due in connection with, and the interest on the securities as they become due, as provided in the securities, the ordinance authorizing their issuance and any other instrument appertaining to the securities.

      7.  The ordinance authorizing the issuance of any bond or other revenue security [hereunder] under this section must describe the purpose for which it is issued at least in general terms and may describe the purpose in detail. This section does not require the purpose so stated to be set forth in the detail in which the project approved by the commission pursuant to subsection 2 of NRS 373.140 is stated, or prevent the modification by the board of details as to the purpose stated in the ordinance authorizing the issuance of any bond or other security after its issuance, subject to approval by the commission of the project as so modified.

 


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

ê2009 Statutes of Nevada, Page 3063 (Chapter 501, SB 201)ê

 

to the purpose stated in the ordinance authorizing the issuance of any bond or other security after its issuance, subject to approval by the commission of the project as so modified.

      Sec. 16.  NRS 373.140 is hereby amended to read as follows:

      373.140  1.  After the enactment of an ordinance as authorized in NRS 373.030, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from [a county motor vehicle] any county fuel tax imposed pursuant to the provisions of paragraph (b) of subsection 1 of NRS 373.030 , [or] paragraph (d) of subsection 1 of NRS 373.065 or paragraphs (d) to (m), inclusive, of subsection 1 of section 3 of this act must first be submitted to the regional transportation commission.

      2.  If the project is within the area covered by a regional plan for transportation established pursuant to NRS 373.1161, the commission shall evaluate it in terms of:

      (a) The priorities established by the plan;

      (b) The relation of the proposed work to other projects already constructed or authorized;

      (c) The relative need for the project in comparison with others proposed; and

      (d) The money available.

Ê If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of [the county motor vehicle] any county fuel tax authorized pursuant to the provisions of paragraph (b) of subsection 1 of NRS 373.030 , [or] paragraph (d) of subsection 1 of NRS 373.065 [,] or paragraphs (d) to (m), inclusive, of subsection 1 of section 3 of this act, except as otherwise required by subsection 6 or to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities or other obligations incurred [hereunder,] under this chapter, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.130. Except as otherwise provided in subsection 3, if the board authorizes the project, the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by a regional plan for transportation established pursuant to NRS 373.1161.

      3.  In a county in which two or more governmental entities are represented on the commission, the governing bodies of those governmental entities may enter into a written master agreement that allows a written agreement described in subsection 2 to be executed by only the commission and the governmental entity that receives funding for the approved project. The provisions of a written master agreement must not be used until the governing body of each governmental entity represented on the commission ratifies the written master agreement.

      4.  If the project is outside the area covered by a plan, the commission shall evaluate it in terms of:

      (a) Its relation to the regional plan for transportation established pursuant to NRS 373.1161 if any;

 


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

ê2009 Statutes of Nevada, Page 3064 (Chapter 501, SB 201)ê

 

      (b) The relation of the proposed work to other projects constructed or authorized;

      (c) The relative need for the proposed work in relation to others proposed by the same city or town; and

      (d) The availability of money.

Ê If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.

      5.  In counties whose population is less than 100,000, the commission shall certify the adoption of the plan in compliance with subsections 2 and 4.

      6.  The proceeds of a tax imposed pursuant to any of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of section 3 of this act must be expended in accordance with priorities for projects established in coordination and cooperation with the Department of Transportation.

      Sec. 17.  NRS 373.150 is hereby amended to read as follows:

      373.150  1.  Any city or town whose territory is not included wholly or in part in a regional plan for transportation established pursuant to NRS 373.1161 may receive a distribution in aid of an approved construction project from the regional street and highway fund, which must not exceed the amount allocated to such city or town pursuant to subsection 2.

      2.  The share of revenue from the county [motor vehicle] fuel tax allocated to a city or town pursuant to subsection 1 must be in the proportion which its total assessed valuation bears to the total assessed valuation of the entire county. Any amount so allocated which is not distributed currently in aid of an approved project must remain in the fund to the credit of that city or town.

      Sec. 18.  NRS 373.160 is hereby amended to read as follows:

      373.160  1.  The ordinance or ordinances providing for the issuance of any bonds or other securities issued [hereunder] under this chapter payable from the receipts from the [motor vehicle] fuel excise taxes [herein] designated in this chapter may at the discretion of the board, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain covenants or other provisions as to the pledge of and the creation of a lien upon the receipts of the taxes collected for the county pursuant to the provisions of paragraph (b) of subsection 1 of NRS 373.030 , [and] paragraph (d) of subsection 1 of NRS 373.065 [,] and paragraphs (d) to (m), inclusive, of subsection 1 of section 3 of this act, excluding any tax proceeds to be distributed directly under the provisions of NRS 373.150, or the proceeds of the bonds or other securities pending their application to defray the cost of the project, or both such tax proceeds and security proceeds, to secure the payment of revenue bonds or other securities issued [hereunder.] under this chapter.

      2.  If the board determines in any ordinance authorizing the issuance of any bonds or other securities [hereunder] under this chapter that the proceeds of the taxes levied and collected pursuant to the provisions of paragraph (b) of subsection 1 of NRS 373.030 , [and] paragraph (d) of subsection 1 of NRS 373.065 and paragraphs (d) to (m), inclusive, of subsection 1 of section 3 of this act are sufficient to pay all bonds and securities, including the proposed issue, from the proceeds thereof, the board may additionally secure the payment of any bonds or other securities issued pursuant to the ordinance [hereunder] under this chapter by a pledge of and the creation of a lien upon not only the proceeds of any [motor vehicle] fuel tax authorized at the time of the issuance of such securities to be used for such payment in subsection 6 of NRS 373.130, but also the proceeds of any such tax thereafter authorized to be used or pledged, or used and pledged, for the payment of such securities, whether such tax be levied or collected by the county, the State of Nevada, or otherwise, or be levied in at least an equivalent value in lieu of any such tax existing at the time of the issuance of such securities or be levied in supplementation thereof.

 


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

ê2009 Statutes of Nevada, Page 3065 (Chapter 501, SB 201)ê

 

such payment in subsection 6 of NRS 373.130, but also the proceeds of any such tax thereafter authorized to be used or pledged, or used and pledged, for the payment of such securities, whether such tax be levied or collected by the county, the State of Nevada, or otherwise, or be levied in at least an equivalent value in lieu of any such tax existing at the time of the issuance of such securities or be levied in supplementation thereof.

      3.  The pledges and liens authorized by subsections 1 and 2 extend to the proceeds of any tax collected for use by the county on any [motor vehicle] fuel so long as any bonds or other securities issued [hereunder] under this chapter remain outstanding and are not limited to any type or types of [motor vehicle] fuel in use when the bonds or other securities are issued.

      Sec. 19.  NRS 350.155 is hereby amended to read as follows:

      350.155  1.  Except as otherwise provided in subsection 2, a municipality shall sell the bonds it issues by competitive bid if the credit rating for the bonds or any other bonds of the municipality with the same security, determined without regard to insurance for the bonds or any other independent enhancement of credit, is rated by a nationally recognized rating service as “A-,” “A,” “AA,” “AAA,” or their equivalents, 90 days before and on the day the bonds are sold and:

      (a) The bonds are general obligation bonds;

      (b) The primary security for the bonds is an excise tax; or

      (c) The bonds are issued pursuant to chapter 271 of NRS and are secured by a pledge of the taxing power and the general fund of the municipality.

      2.  The provisions of subsection 1 and NRS 350.175 and 350.185 do not apply to:

      (a) Any bond which is issued with a variable rate of interest.

      (b) A bond issue whose principal amount is $1,000,000 or less.

      (c) A bond issue with a term of 3 years or less.

      (d) A bond issue for which an invitation for competitive bids was issued and for which no bids were received or all bids were rejected.

      (e) Leases, contracts for purchase by installment and certificates of participation if the obligations of the municipality thereunder will terminate when the municipality fails to appropriate money to pay that obligation for the next fiscal year.

      (f) Economic development revenue bonds issued pursuant to the city economic development revenue bond law or the county economic development revenue bond law.

      (g) Bonds sold by the municipality to:

            (1) The United States or any agency or instrumentality thereof;

            (2) The State of Nevada;

            (3) Any other municipality; or

            (4) Not more than 10 investors , each of whom certifies that he:

                  (I) Has a net worth of $500,000 or more; and

                  (II) Is purchasing for investment and not for resale.

      (h) Bonds which require unusual methods of financing, if the chief administrative officer of the municipality certifies in writing that the proposed method of financing:

            (1) Has not been used previously by any municipality in this State; and

            (2) May provide a substantial benefit to the municipality.

      (i) Refunding bonds, if the chief administrative officer of the municipality certifies in writing that the use of a negotiated sale may provide a substantial benefit to the municipality which would not be available if the bonds were sold by competitive bid.

 


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

ê2009 Statutes of Nevada, Page 3066 (Chapter 501, SB 201)ê

 

      (j) Bonds which are sold at a time when, because of particular conditions in the market, a negotiated sale may provide a benefit to the municipality which would not be available if the bonds were sold by competitive bid, if the chief administrative officer of the municipality so certifies in writing.

      (k) Bonds which are issued pursuant to chapter 271 of NRS and are not secured by a pledge of the taxing power and general fund of the municipality.

      (l) Revenue bonds which are issued pursuant to chapter 350A of NRS and are secured by a pledge of the allocable local revenues of the municipality.

      (m) Revenue bonds which are sold pursuant to chapter 373 of NRS.

      3.  The certificate required by paragraph (h) of subsection 2 must specifically describe the proposed method of financing. The certificate required by paragraph (i) of subsection 2 must specifically describe the circumstances that may provide a substantial benefit if the refunding bonds are negotiated. The certificate required by paragraph (j) of subsection 2 must specifically describe the particular conditions in the market which indicate that a negotiated sale of the bonds may provide a benefit to the municipality. Each certificate required pursuant to subsection 2 must be submitted to the governing body of the municipality at a regularly scheduled meeting of that body and include:

      (a) The estimated amount of the benefit which will accrue to the municipality.

      (b) If the municipality has a financial adviser, a written report prepared by that financial adviser which specifically describes the method of sale which will be used for the proposed financing.

      4.  A copy of:

      (a) The certificate required by paragraph (h), (i) or (j) of subsection 2; and

      (b) The report required pursuant to subsection 3,

Ê must be filed with the debt management commission of the county where the municipality is located, the county clerk and the Department of Taxation. Before entering into a contract to sell bonds, at least two-thirds of the members of the governing body of the municipality must approve the certificate.

      5.  If a municipality is required to sell the bonds it issues by competitive bid pursuant to the provisions of this section, it must cause an invitation for competitive bids, or notice thereof, to be published before the date of the sale in the daily or weekly version of the Bond Buyer, published at One State Street Plaza in New York City, New York, or any successor publication.

      6.  As used in this section, “invitation for competitive bids” means a process by which sealed bids or the reasonable equivalent thereof, as approved by the governing body of a municipality, are solicited, received and publicly opened at a specified time, place and date.

      Sec. 20.  The approval by the voters on November 4, 2008, of Advisory Question No. RTC-5, concerning funding for transportation, on the 2008 general election ballot for Washoe County shall be deemed to constitute approval by the voters of the imposition of any tax imposed pursuant to section 3 of this act, including the imposition of the annual increases in such tax. No other approval by the voters is required for the imposition of such tax in Washoe County, including its incorporated cities.

      Sec. 21.  This act becomes effective upon passage and approval.

________

 

Link to Page 3067