Link to Page 748

 

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ê2001 Statutes of Nevada, Page 749ê

 

CHAPTER 147, AB 95

Assembly Bill No. 95–Committee on Government Affairs

 

CHAPTER 147

 

AN ACT relating to state personnel; revising the provision regarding the filing of an annual report on the performance of a permanent employee; and providing other matters properly relating thereto.

 

[Approved: May 24, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 284.340 is hereby amended to read as follows:

    284.340  Each appointing authority shall:

    1.  Report to the director, in writing, the efficiency of his subordinates and employees, and other information, in such manner as the director may prescribe by regulation.

    2.  File reports with the director on the performance, during the probationary period, of each of his employees who holds a position in the classified service. A report must be filed at the end of the 2nd and 5th months of employment if the probationary period is 6 months, or at the end of the 3rd, 7th and 11th months of employment if the probationary period is 12 months.

    3.  File a report annually with the director on the performance of each of his employees who holds a position in the classified service and has attained permanent status. The report must be filed at the end of the 12th month next following the attainment of permanent status, and at the end of every 12th month thereafter. If the report is not filed [within 30 days after] on or before the required date, the performance of the employee shall be deemed to be standard.

    4.  If any report he files with the director on the performance of an employee who holds a position in the classified service includes a rating of substandard, file with the director an additional report on the performance of the employee at least every 90 days until the performance improves to standard or until any disciplinary action is taken.

    5.  Provide the employee with a copy of each report filed.

    Sec. 2.  This act becomes effective on July 1, 2001.

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ê2001 Statutes of Nevada, Page 750ê

 

CHAPTER 148, AB 108

Assembly Bill No. 108–Committee on Judiciary

 

CHAPTER 148

 

AN ACT relating to county clerks; making various changes concerning the duties of county clerks with respect to grand juries; making various other changes concerning the duties of county clerks with respect to making certain reports; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 24, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 6 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A committee of petitioners consisting of five registered voters may commence a proceeding to summon a grand jury pursuant to this section by filing with the clerk of the district court an affidavit that contains the following information:

    (a) The name and address of each registered voter who is a member of the committee.

    (b) The mailing address to which all correspondence concerning the committee is to be sent.

    (c) A statement that the committee will be responsible for the circulation of the petition and will comply with all applicable requirements concerning the filing of a petition to summon a grand jury pursuant to this section.

    (d) A statement explaining the necessity for summoning a grand jury pursuant to this section.

    2.  A petition to summon a grand jury must be filed with the clerk by a committee of petitioners not later than 180 days after an affidavit is filed pursuant to subsection 1. The petition must contain:

    (a) The signatures of registered voters equal in number to at least 25 percent of the number of voters voting within the county at the last preceding general election. Each signature contained in the petition:

         (1) May only be obtained after the affidavit required pursuant to subsection 1 is filed;

         (2) Must be executed in ink; and

         (3) Must be followed by the address of the person signing the petition and the date on which the person is signing the petition.

    (b) A statement indicating the number of signatures of registered voters which were obtained by the committee and which are included in the petition.

    (c) An affidavit executed by each person who circulated the petition which states that:

         (1) The person circulated the petition personally;

         (2) At all times during the circulation of the petition, the affidavit filed pursuant to subsection 1 was affixed to the petition;

         (3) Each signature obtained by the person is genuine to the best of his knowledge and belief and was obtained in his presence; and

         (4) Each person who signed the petition had an opportunity before signing the petition to read the entire text of the petition.


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ê2001 Statutes of Nevada, Page 751 (Chapter 148, AB 108)ê

 

    3.  A petition filed pursuant to this section may consist of more than one document, but all documents that are included as part of the petition must be assembled into a single instrument for the purpose of filing. Each document that is included as part of the petition must be uniform in size and style and must be numbered.

    4.  A person shall not misrepresent the intent or content of a petition circulated or filed pursuant to this section. A person who violates the provisions of this subsection is guilty of a misdemeanor.

    5.  The clerk shall issue a receipt following the filing of a petition pursuant to this section. The receipt must indicate the number of:

    (a) Documents included in the petition;

    (b) Pages in each document; and

    (c) Signatures which the committee indicates were obtained and which are included in the petition.

    6.  Within 20 days after a petition is filed pursuant to this section, the clerk shall:

    (a) Prepare a certificate indicating whether the petition is sufficient or insufficient, and if the petition is insufficient, include in the certificate the reasons for the insufficiency of the petition; and

    (b) Transmit a copy of the certificate to the committee by certified mail.

    7.  A petition must not be certified as insufficient for lack of the required number of valid signatures if, in the absence of other proof of disqualification, any signature on the face thereof does not exactly correspond with the signature appearing on the official register of voters and the identity of the signer can be ascertained from the face of the petition.

    8.  If a petition is certified as:

    (a) Sufficient, the clerk shall promptly present a copy of the certificate to the court, and the court shall summon a grand jury. If there is a grand jury in recess, the court shall recall that grand jury. If there is not a grand jury in recess, a new grand jury must be summoned.

    (b) Insufficient, the committee may, within 2 days after receipt of the copy of the certificate, file a request with the court for judicial review of the determination by the clerk that the petition is insufficient. In reviewing the determination of the clerk, the court shall examine the petition and the certificate of the clerk and may, in its discretion, allow the introduction of oral or written testimony. The determination of the clerk may be reversed only upon a showing that the determination is in violation of any constitutional or statutory provision, is arbitrary or capricious or involves an abuse of discretion. If the court finds that the determination of the clerk was correct, the committee may commence a new proceeding to summon a grand jury pursuant to this section or may proceed as provided in NRS 6.140. If the court finds that the determination of the clerk must be reversed, the court shall summon a grand jury. If there is a grand jury in recess, the court shall recall that grand jury. If there is not a grand jury in recess, a new grand jury must be summoned.

    Sec. 2.  NRS 6.130 is hereby amended to read as follows:

    6.130  1.  [The district judge shall summon a grand jury whenever a verified petition is presented to the clerk of the district court containing the signatures of registered voters equal in number to 25 percent of the number of voters voting within the county at the last preceding general election which specifically sets forth the fact or facts constituting the necessity of convening a grand jury.


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ê2001 Statutes of Nevada, Page 752 (Chapter 148, AB 108)ê

 

which specifically sets forth the fact or facts constituting the necessity of convening a grand jury.

    2.]  In any county, if the statute of limitations has not run against the person offending, the district judge may summon a grand jury after an affidavit or verified petition by any taxpayer of the county accompanied by and with corroborating affidavits of at least two additional persons has been filed with the clerk of the district court, setting forth reasonable evidence upon which a belief is based that there has been a misappropriation of public money or property by a public officer, past or present, or any fraud committed against the county or state by any officer, past or present, or any violation of trust by any officer, past or present. The district judge shall act upon the affidavit or petition within 5 days. If he fails or refuses to recall or summon a grand jury, the affiant or petitioner may proceed as provided in NRS 6.140.

    [3.] 2.  If there is a grand jury in recess, the court shall recall that grand jury. [Otherwise,] If there is not a grand jury in recess, a new grand jury must be summoned.

    Sec. 3.  NRS 6.140 is hereby amended to read as follows:

    6.140  In any county, if the district judge for any reason fails or refuses to select a grand jury when required, any interested person resident of the county may apply to the supreme court for an order directing the selection of a grand jury. The application [shall] must be supported by affidavits setting forth the true facts as known to the applicant, and the certificate of the county clerk that a grand jury has not been selected within the time fixed or otherwise as the facts may be. The supreme court shall issue its order, if satisfied that a grand jury should be called, directing the county clerk to select and impanel a grand jury, according to the provisions of NRS 6.110, 6.120 and 6.130 [.] and section 1 of this act.

    Sec. 4.  NRS 6.150 is hereby amended to read as follows:

    6.150  1.  Each person summoned to attend as a grand juror or a trial juror in the district court or justice’s court, unless on or before the day he is summoned to attend he is excused by the court at his own request from serving, is entitled to a fee of $9 for each day he is in attendance in response to the venire or summons, including Sundays and holidays.

    2.  Each grand juror and trial juror in the district court or justice’s court actually sworn and serving is entitled to a fee of $15 a day, or $30 a day after 5 days, as compensation for each day of service.

    3.  In addition to the fees specified in subsections 1 and 2, a board of county commissioners may provide that, for each day of such attendance or service, each person is entitled to be paid a per diem allowance in an amount equal to the allowance for meals provided for state officers and employees generally while away from the office and within this state pursuant to subsection 1 of NRS 281.160.

    4.  Except as otherwise provided in this section, each person summoned to attend as a grand juror or a trial juror in the district court or justice’s court and each grand juror and trial juror in the district court or justice’s court is entitled to receive [15] 20 cents a mile for each mile necessarily and actually traveled by the shortest and most practical route. A board of county commissioners may provide that, for each mile so traveled, the person is entitled to be paid an amount equal to the allowance for travel by private conveyance provided for state officers and employees generally pursuant to subsection 3 of NRS 281.160.


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ê2001 Statutes of Nevada, Page 753 (Chapter 148, AB 108)ê

 

subsection 3 of NRS 281.160. Where the mileage does not exceed 1 mile, an allowance must not be made for that mileage pursuant to this subsection.

    5.  If the home of a person summoned or serving as such a juror is 60 miles or more from the place of trial and the selection, inquiry or trial lasts more than 1 day, he is entitled to receive an allowance for lodging at the rate provided by law for state employees, in addition to his daily compensation for attendance or service, for each day on which he does not return to his home.

    6.  In civil cases, any fee, per diem allowance or other compensation due each juror engaged in the trial of the cause must be paid each day in advance to the clerk of the court, or the justice of the peace, by the party who has demanded the jury. If the party paying this money is the prevailing party, the money is recoverable as costs from the losing party. If the jury from any cause is discharged in a civil action without finding a verdict and the party who demands the jury subsequently obtains judgment, the money so paid is recoverable as costs from the losing party.

    7.  The money paid by a county clerk to jurors for their services in a civil action or proceeding , [(] which he has received from the party demanding the jury , [)] must be deducted from the total amount due them for attendance as such jurors, and any balance is a charge against the county.

    Sec. 5.  NRS 3.290 and 3.295 are hereby repealed.

    Sec. 6.  The amendatory provisions of this act do not apply to offenses committed before July 1, 2000.

    Sec. 7.  This act becomes effective on July 1, 2001.

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CHAPTER 149, AB 110

Assembly Bill No. 110–Committee on Judiciary

 

CHAPTER 149

 

AN ACT relating to juries; revising the provisions governing the summoning of jurors by a justice’s court in certain counties; and providing other matters properly relating thereto.

 

[Approved: May 24, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 66.020 is hereby amended to read as follows:

    66.020  1.  The court may, at any time before the trial, on motion, change the place of trial in the following cases:

    (a) When it appears to the satisfaction of the justice before whom the action is pending, by affidavit of either party, that the justice is a material witness for either party.

    (b) When either party makes and files an affidavit that he believes that he cannot have a fair and impartial trial before the justice by reason of the interest, prejudice or bias of the justice.

    (c) When a jury has been demanded, and either party makes and files an affidavit that he cannot have a fair and impartial trial on account of the bias or prejudice against him of the citizens of [the township against him.] :

         (1) The city, precinct or township, if the jurors are to be summoned pursuant to subsection 1 of NRS 67.010; or


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ê2001 Statutes of Nevada, Page 754 (Chapter 149, AB 110)ê

 

         (2) The county, if the jurors are to be summoned pursuant to subsection 2 of NRS 67.010.

    (d) When from any cause the justice is disqualified from acting.

    (e) When the justice is sick or unable to act.

    2.  In lieu of changing the place of trial, the justice before whom the action is pending may for any of the cases mentioned in subsection 1 call another justice of the county to conduct the trial.

    Sec. 2.  Chapter 67 of NRS is hereby amended by adding thereto a new section to read as follows:

    In a county whose population is 400,000 or more, a person who lives 65 miles or more from the justice’s court is exempt from serving as a trial juror. Whenever it appears to the satisfaction of the justice’s court, by affidavit or otherwise, that a juror lives 65 miles or more from the justice’s court, the justice’s court shall order the juror excused from all service as a trial juror, if the juror so desires.

    Sec. 3.  NRS 67.010 is hereby amended to read as follows:

    67.010  1.  The jury [shall] must be summoned upon an order of the justice from , except as otherwise provided in subsection 2, the [citizens] qualified electors, whether or not registered as voters, of the city, precinct or township, and not from the bystanders.

    2.  In a county whose population is 400,000 or more, the justice may summon to the court, from the qualified electors of the county, whether or not registered as voters, and not from the bystanders, the number of qualified jurors which the justice determines is necessary for the formation of a jury.

    Sec. 4.  NRS 67.020 is hereby amended to read as follows:

    67.020  1.  At the time appointed for the trial , the justice shall proceed to call from the jurors summoned the names of the persons to constitute the jury for the trial of the issue. If a sufficient number of competent and indifferent jurors do not attend, the justice shall direct [others to] that additional jurors sufficient to complete the jury be summoned . [from the vicinity, and not from the bystanders, sufficient to complete the jury.]

    2.  The jury, by consent of the parties, may consist of any number not more than eight nor less than four.

    Sec. 5.  NRS 6.020 is hereby amended to read as follows:

    6.020  1.  [Upon] Except as otherwise provided in subsections 2 and 3 and section 2 of this act, upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no others , [except as otherwise provided in subsections 2 and 3,] are exempt from service as grand or trial jurors:

    (a) Any federal or state officer.

    (b) Any judge, justice of the peace or attorney at law.

    (c) Any county clerk, recorder, assessor, sheriff, deputy sheriff, constable or police officer.

    (d) Any locomotive engineer, locomotive fireman, conductor, brakeman, switchman or engine foreman.

    (e) Any officer or correctional officer employed by the department of prisons.

    (f) Any employee of the legislature or the legislative counsel bureau while the legislature is in session.

    (g) Any physician, optometrist or dentist who is licensed to practice in this state.


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ê2001 Statutes of Nevada, Page 755 (Chapter 149, AB 110)ê

 

    (h) Any person who has a fictitious address pursuant to NRS 217.462 to 217.471, inclusive.

    2.  All persons of the age of 70 years or over are exempt from serving as grand or trial jurors. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of 70 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.

    3.  A person who is the age of 65 years or over who lives 65 miles or more from the court is exempt from serving as a grand or trial juror. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is the age of 65 years or over and lives 65 miles or more from the court, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.

    Sec. 6.  This act becomes effective on July 1, 2001.

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CHAPTER 150, AB 117

Assembly Bill No. 117–Assemblymen Goldwater, Beers, Buckley, Carpenter, Collins, Hettrick, Manendo, Marvel and Parks

 

CHAPTER 150

 

AN ACT relating to administrative procedure affecting businesses; authorizing the Nevada tax commission to adopt regulations interpreting the provisions regarding rules adopted by local governments that affect businesses; requiring the Nevada tax commission to advise officers of local governments regarding such provisions; revising the definition of “rule”; and providing other matters properly relating thereto.

 

[Approved: May 24, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 237 of NRS is hereby amended by adding thereto a new section to read as follows:

    At the request of the committee on local government finance, the Nevada tax commission:

    1.  May adopt regulations interpreting the provisions of NRS 237.030 to 237.110, inclusive, that are recommended by the committee on local government finance.

    2.  Shall advise officers of local governments regarding procedures and forms that are required for compliance with the provisions of NRS 237.030 to 237.110, inclusive, and any regulations adopted that interpret those provisions.

    Sec. 2.  NRS 237.030 is hereby amended to read as follows:

    237.030  As used in NRS 237.030 to 237.110, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 237.040, 237.050 and 237.060 have the meanings ascribed to them in those sections.

    Sec. 3.  NRS 237.060 is hereby amended to read as follows:

    237.060  1.  “Rule” means [an ordinance, regulation, resolution or other type of instrument] :

    (a) An ordinance by the adoption of which the governing body of a local government exercises legislative powers [. The term does not include an ordinance, regulation, resolution or other type of instrument by the adoption of which] ; and


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ê2001 Statutes of Nevada, Page 756 (Chapter 150, AB 117)ê

 

ordinance, regulation, resolution or other type of instrument by the adoption of which] ; and

    (b) An action taken by the governing body of a local government [exercises legislative powers authorized pursuant to chapter 271, 278, 278A or 278B of NRS.] that imposes, increases or changes the basis for the calculation of a fee that is paid in whole or in substantial part by businesses.

    2.  “Rule” does not include:

    (a) An action taken by the governing body of a local government that imposes, increases or changes the basis for the calculation of:

         (1) Special assessments imposed pursuant to chapter 271 of NRS;

         (2) Impact fees imposed pursuant to chapter 278B of NRS;

         (3) Fees for remediation imposed pursuant to chapter 540A of NRS;

         (4) Taxes ad valorem;

         (5) Sales and use taxes; or

         (6) A fee that has been negotiated pursuant to a contract between a business and a local government.

    (b) An action taken by the governing body of a local government that approves, amends or augments the annual budget of the local government.

    (c) An ordinance adopted by the governing body of a local government pursuant to a provision of chapter 271, 278, 278A, 278B or 350 of NRS.

    (d) An ordinance adopted by or action taken by the governing body of a local government that authorizes or relates to the issuance of bonds or other evidence of debt of the local government.

    Sec. 4.  This act becomes effective upon passage and approval.

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CHAPTER 151, AB 163

Assembly Bill No. 163–Assemblymen Freeman, Anderson, Gibbons, Humke, Leslie and Smith

 

CHAPTER 151

 

AN ACT relating to regional planning; authorizing a governing board for regional planning to enter certain cooperative and interlocal agreements; authorizing a governing board for regional planning and a regional planning commission jointly or separately to appoint subcommittees and advisory committees for certain purposes; removing the restriction on the number of members of the governing board that may serve on certain advisory committees; and providing other matters properly relating thereto.

 

[Approved: May 24, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 278.0265 is hereby amended to read as follows:

    278.0265  The governing board:

    1.  Shall adopt such regulations as are necessary to carry out its specific powers and duties.

    2.  Shall prescribe an appropriate course of at least 12 hours of training in land use planning for the members of the regional planning commission. The course of training must include, without limitation, training relating to:

    (a) State statutes and regulations and local ordinances, resolutions and regulations concerning land use planning; and


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ê2001 Statutes of Nevada, Page 757 (Chapter 151, AB 163)ê

 

    (b) The provisions of chapter 241 of NRS.

    3.  May establish and collect reasonable fees for the provision of any service that is authorized pursuant to the provisions of NRS 278.026 to 278.029, inclusive.

    4.  May enter into an agreement pursuant to NRS 277.045 or 277.080 to 277.180, inclusive, for a purpose that is consistent with the provisions of NRS 278.026 to 278.029, inclusive.

    Sec. 2.  NRS 278.0268 is hereby amended to read as follows:

    278.0268  1.  The governing board and the regional planning commission may, jointly or separately, appoint subcommittees for any purpose that is consistent with NRS 278.026 to 278.029, inclusive. A subcommittee appointed pursuant to this subsection must be composed only of:

    (a) Members of the governing board or regional planning commission, as appropriate, if the subcommittee is appointed separately; or

    (b) Members from both the governing board and the regional planning commission, if the subcommittee is appointed jointly.

    2.  To assist in the formulation and the implementation of the comprehensive regional plan, the governing board and the regional planning commission may , jointly or separately, appoint advisory committees to advise and report to the governing board, regional planning commission [.] , director of regional planning or a combination of such entities. [No more than three members of the governing board may serve on any advisory committee and they must not constitute more than 20 percent of the membership of the committee.]

    3.  The governing board and the regional planning commission may, jointly or separately, appoint advisory committees to examine issues that affect the county in which the governing board and regional planning commission are located. The governing board and regional planning commission may appoint persons from outside the county in which the governing board and regional planning commission are located and from outside this state to serve on an advisory committee appointed pursuant to this section. An advisory committee appointed pursuant to this subsection may:

    (a) Identify, examine and discuss regional issues that affect the county in which the governing board and regional planning commission are located, including, without limitation, issues relating to land use, fiscal matters, air quality and infrastructure; and

    (b) Make recommendations to the governing board, regional planning commission, or both, concerning regional issues.

    Sec. 3.  This act becomes effective on July 1, 2001.

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ê2001 Statutes of Nevada, Page 758ê

 

CHAPTER 152, SB 91

Senate Bill No. 91–Committee on Commerce and Labor

 

CHAPTER 152

 

AN ACT relating to medicine; changing the designation of physician’s assistant; revising the scope of authority and duties of the board of medical examiners; providing for the issuance of special purpose licenses; requiring the board of medical examiners to regulate the practice of respiratory care; requiring practitioners of respiratory care to be licensed by the board of medical examiners; revising the qualifications and requirements relating to licensure of physicians and physicians’ assistants; revising the duties and scope of authority of persons licensed by the board of medical examiners; making certain actions subject to disciplinary action by the board of medical examiners; revising provisions governing the imposition of disciplinary action against licensees; establishing and revising certain fees; increasing certain penalties; and providing other matters properly relating thereto.

 

[Approved: May 24, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

    Sec. 2.  “Practice of respiratory care” includes:

    1.  Therapeutic and diagnostic use of medical gases, humidity and aerosols and the maintenance of associated apparatus;

    2.  The administration of drugs and medications to the cardiopulmonary system;

    3.  The provision of ventilatory assistance and control;

    4.  Postural drainage and percussion, breathing exercises and other respiratory rehabilitation procedures;

    5.  Cardiopulmonary resuscitation and maintenance of natural airways and the insertion and maintenance of artificial airways;

    6.  Carrying out the written orders of a physician, physician assistant, certified registered nurse anesthetist or an advanced practitioner of nursing relating to respiratory care;

    7.  Techniques for testing to assist in diagnosis, monitoring, treatment and research related to respiratory care, including the measurement of ventilatory volumes, pressures and flows, collection of blood and other specimens, testing of pulmonary functions and hemodynamic and other related physiological monitoring of the cardiopulmonary system; and

    8.  Training relating to the practice of respiratory care.

    Sec. 3.  “Practitioner of respiratory care” means a person who is:

    1.  Certified to engage in the practice of respiratory care by the National Board for Respiratory Care or its successor organization; and

    2.  Licensed by the board.

    Sec. 4.  “Respiratory care” means the treatment, management, diagnostic testing, control and care of persons with deficiencies and abnormalities associated with the cardiopulmonary system. The term includes inhalation and respiratory therapy.

    Sec. 5.  For the purposes of this chapter, any act that constitutes the practice of medicine shall be deemed to occur at the place where the patient is located at the time the act is performed.


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ê2001 Statutes of Nevada, Page 759 (Chapter 152, SB 91)ê

 

    Sec. 6.  The practice of respiratory care must be performed under the direction of or pursuant to a prescription from a physician licensed to practice in this state, any other state, any territory of the United States or the District of Columbia.

    Sec. 7.  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 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 for Respiratory Care or its successor organization;

    (d) Be certified by the National Board 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,

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.

    Sec. 8.  An application for a license as a practitioner of respiratory care must include the social security number of the applicant.

    Sec. 9.  The board shall adopt regulations regarding the licensure of practitioners of respiratory care, including, without limitation:

    1.  Educational and other qualifications of applicants;

    2.  Required academic programs which applicants must successfully complete;

    3.  Procedures for applying for and issuing licenses;

    4.  Tests or examinations of applicants by the board;

    5.  The types of medical services that a practitioner of respiratory care may perform, except that a practitioner of respiratory care may not perform those specific functions and duties delegated or otherwise restricted by specific statute to persons licensed as dentists, chiropractors, podiatric physicians, optometrists, physicians, osteopathic physicians or hearing aid specialists pursuant to this chapter or chapter 631, 633, 634, 635, 636 or 637A of NRS, as appropriate;

    6.  The duration, renewal and termination of licenses; and

    7.  The grounds and procedures for disciplinary actions against practitioners of respiratory care.

    Sec. 10.  NRS 630.003 is hereby amended to read as follows:

    630.003  The legislature finds and declares that it is among the responsibilities of state government to ensure, as far as possible, that only competent persons practice medicine and respiratory care within this state. For this purpose, the legislature delegates to the board of medical examiners the duty of determining the initial and continuing competence of doctors of medicine , physician assistants and practitioners of respiratory care in this state.


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ê2001 Statutes of Nevada, Page 760 (Chapter 152, SB 91)ê

 

state. The powers conferred upon the board by this chapter must be liberally construed to carry out this purpose.

    Sec. 11.  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 630.010 to 630.025, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.

    Sec. 12.  NRS 630.015 is hereby amended to read as follows:

    630.015  [“Physician’s] “Physician assistant” means a person who is a graduate of an academic program approved by the board or who, by general education, practical training and experience determined to be satisfactory by the board, is qualified to perform medical services under the supervision of a supervising physician and who has been issued a license by the board.

    Sec. 13.  NRS 630.025 is hereby amended to read as follows:

    630.025  “Supervising physician” means an active physician licensed in the State of Nevada [who cosigns the application for licensure of a physician’s assistant and] who employs and supervises [the physician’s] a physician assistant.

    Sec. 14.  NRS 630.045 is hereby amended to read as follows:

    630.045  The purpose of licensing physicians [and 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. Any license issued pursuant to this chapter is a revocable privilege and no holder of such a license acquires thereby any vested right.

    Sec. 15.  NRS 630.047 is hereby amended to read as follows:

    630.047  1.  This chapter does not apply to:

    (a) A medical officer or practitioner of respiratory care of the armed services or a medical officer or practitioner of respiratory care of any division or department of the United States in the discharge of his official duties ; [for which a license is not required;]

    (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; [and]

    (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;


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ê2001 Statutes of Nevada, Page 761 (Chapter 152, SB 91)ê

 

         (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 or 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 under the supervision of that physician;

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

    (k) A person who installs medical equipment for respiratory care that is used in the home and gives instructions regarding the use of that equipment if the person is trained to provide such services and is supervised by a provider of health care who is acting within the authorized scope of his 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 , physician assistant or practitioner of respiratory care in cases of emergency.

    (b) The domestic administration of family remedies.

    Sec. 16.  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 [and physicians’] , physician assistants and practitioners of respiratory care must bear the seal of the board and the signatures of its president and secretary-treasurer.

    Sec. 17.  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 630.161 or 630.164, 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) Has passed:


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         (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 determined to be sufficient;

    (d) Has completed [3 years of:

         (1) Graduate education] 36 months of progressive postgraduate:

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

         (2) Fellowship training in the United States or Canada approved by the board or the Accreditation Council for Graduate Medical Education; 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) of this subsection.

    Sec. 18.  NRS 630.164 is hereby amended to read as follows:

    630.164  1.  A board of county commissioners may petition the board of medical examiners to waive the [requirements] requirement of paragraph (d) of subsection 2 of NRS 630.160 for any applicant intending to practice medicine in a medically underserved area of that county as that term is defined by regulation by the [officer of rural health of the University of Nevada School of Medicine.] board of medical examiners. The board of medical examiners may waive that requirement and issue a license if the applicant:

    (a) Has completed at least 1 year of training as a resident in the United States or Canada in a program approved by the board, the Accreditation Council for Graduate Medical Education of the American Medical Association or the Coordinating Council of Medical Education of the Canadian Medical Association, respectively;

    (b) Has a minimum of 5 years of practical medical experience as a licensed allopathic physician or such other equivalent training as the board deems appropriate; and

    (c) Meets all other conditions and requirements for a license to practice medicine.

    2.  Any person licensed pursuant to subsection 1 must be issued a license to practice medicine in this state restricted to practice in the medically underserved area of the county which petitioned for the waiver only. He may apply to the board of medical examiners for renewal of that restricted license every 2 years after he is licensed.

    3.  Any person holding a restricted license pursuant to subsection 1 who completes 3 years of [such] full-time practice under the restricted license may apply to the board for an unrestricted license. In considering an application for an unrestricted license pursuant to this subsection, the board shall require the applicant to meet all statutory requirements for licensure in effect at the time of application except the [requirements] requirement of paragraph (d) of subsection 2 of NRS 630.160.


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ê2001 Statutes of Nevada, Page 763 (Chapter 152, SB 91)ê

 

effect at the time of application except the [requirements] requirement of paragraph (d) of subsection 2 of NRS 630.160.

    Sec. 19.  NRS 630.197 is hereby amended to read as follows:

    630.197  1.  An applicant for the issuance or renewal of a license to practice medicine , [or] to practice as a [physician’s] physician assistant or to practice as a practitioner of respiratory care shall submit to the board the statement prescribed by the welfare division of the department of human resources 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 , [or] to practice as a [physician’s] 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. 20.  NRS 630.253 is hereby amended to read as follows:

    630.253  The board shall, as a prerequisite for the:

    1.  Renewal of a license as a [physician’s] physician assistant; or

    2.  Biennial registration of the holder of a license to practice medicine,

require each holder to comply with the requirements for continuing education adopted by the board. These requirements may provide for the completion of one or more courses of instruction relating to risk management in the performance of medical services.

    Sec. 21.  NRS 630.261 is hereby amended to read as follows:

    630.261  1.  [The board may, unless] Except as otherwise provided in [this section or] NRS 630.161, the board may issue : [, renew or modify:]

    (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.


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ê2001 Statutes of Nevada, Page 764 (Chapter 152, SB 91)ê

 

    (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 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 requirement set forth in paragraph (d) of subsection 2 of NRS 630.160.

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

    3.  Every physician who is licensed pursuant to [the provisions of] subsection 1 and who accepts the privilege of practicing medicine in this state pursuant to the provisions of the license shall be deemed to have given his consent to the revocation of the license at any time by the board for any of the grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive.

    Sec. 22.  NRS 630.265 is hereby amended to read as follows:

    630.265  1.  Except as otherwise provided in NRS 630.161, the board may issue to a qualified applicant a limited license to practice medicine as a resident physician in a graduate program approved by the Accreditation Council for Graduate Medical Education if he is:

    (a) A graduate of an accredited medical school in the United States or Canada; or

    (b) A graduate of a foreign medical school and has received 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.

    2.  The medical school or other institution sponsoring the program shall provide the board with written confirmation that the applicant has been appointed to a position in the program and is a citizen of the United States or lawfully entitled to remain and work in the United States. Such a license remains valid only while the licensee is actively practicing medicine in the residency program and is legally entitled to work and remain in the United States.

    3.  The board may issue such a limited license for not more than 1 year but may renew the license [.] if the applicant for the limited license meets the requirements set forth by the board by regulation.


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ê2001 Statutes of Nevada, Page 765 (Chapter 152, SB 91)ê

 

    4.  The holder of a limited license may practice medicine only in connection with his duties as a resident physician or under such conditions as are approved by the director of the program and the board.

    5.  [A] The holder of a limited license granted pursuant to this section may be [revoked] disciplined by the board at any time for any of the grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive.

    Sec. 23.  NRS 630.271 is hereby amended to read as follows:

    630.271  1.  A [physician’s] physician assistant may perform such medical services as he is authorized to perform [pursuant to the terms of a license issued to him by the board, if those services are rendered under the supervision and control of a] by his supervising physician.

    2.  The board and supervising physician shall limit the authority of a [physician’s] physician assistant to prescribe controlled substances to those schedules of controlled substances [which his] that the supervising physician is authorized to prescribe pursuant to state and federal law.

    Sec. 24.  NRS 630.273 is hereby amended to read as follows:

    630.273  The board may issue a license to an applicant who is qualified under the regulations of the board to perform medical services under the supervision of a supervising physician. The application for a license as a [physician’s] physician assistant must include the social security number of the applicant . [and be cosigned by the supervising physician.]

    Sec. 25.  NRS 630.275 is hereby amended to read as follows:

    630.275  The board shall adopt regulations regarding the licensure of a [physician’s] physician assistant, including, but not limited to:

    1.  The educational and other qualifications of applicants.

    2.  The required academic program for applicants.

    3.  The procedures for applications for and the issuance of licenses.

    4.  The tests or examinations of applicants by the board.

    5.  The medical services which a [physician’s] physician assistant may perform, except that he may not perform those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, podiatric physicians and optometrists under chapters 631, 634, 635 and 636, respectively, of NRS, or as hearing aid specialists.

    6.  The duration, renewal and termination of licenses.

    7.  The grounds and procedures respecting disciplinary actions against [physicians’] physician assistants.

    8.  The supervision of medical services of a [physician’s] physician assistant by a supervising physician.

    Sec. 26.  NRS 630.288 is hereby amended to read as follows:

    630.288  1.  Each holder of a license to practice medicine must, on or before July 1 of each alternate year:

    (a) Submit the statement required pursuant to NRS 630.197; and

    (b) Pay to the secretary-treasurer of the board the applicable fee for biennial registration. This fee must be collected for the period for which a physician is licensed.

    2.  When a holder of a license fails to pay the fee for biennial registration and submit the statement required pursuant to NRS 630.197 after they become due, his license to practice medicine in this state is automatically suspended. The holder may, within 2 years after the date his license is suspended, upon payment of twice the amount of the current fee for biennial registration to the secretary-treasurer and submission of the statement required pursuant to NRS 630.197 and after he is found to be in good standing and qualified under the provisions of this chapter, be reinstated to practice.


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ê2001 Statutes of Nevada, Page 766 (Chapter 152, SB 91)ê

 

standing and qualified under the provisions of this chapter, be reinstated to practice.

    3.  The board shall make such reasonable attempts as are practicable to notify a licensee:

    (a) At least once that his fee for biennial registration and the statement required pursuant to NRS 630.197 are due; and

    (b) That his license is suspended.

A copy of this notice must be sent to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.

    Sec. 27.  NRS 630.290 is hereby amended to read as follows:

    630.290  1.  The board shall charge and collect not more than the following fees:

For application for and issuance of a license [by written examination, in addition to the actual cost to the board of the examination] to practice as a physician...................................................................................................... $600

For application for and issuance of a temporary, locum tenens, limited, restricted , special or special purpose license................................................................................................................................................................ [300] 400

For renewal of a limited, restricted or special license................................................................................ [200] 400

For application for and issuance of a license as a [physician’s] physician assistant......................... [300] 400

For [renewal of a license as a physician’s] biennial registration of a physician assistant............... [300] 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 [retired,] on inactive status [or not practicing medicine in Nevada         200] 400

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

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

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

For computer printouts or labels................................................................................................................... [300] 500

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

For furnishing a list of new physicians........................................................................................................... [50] 100

    2.  In addition to the fees prescribed in subsection 1, the board shall charge and collect [:

    (a) A fee to reimburse it for the cost of the United States Medical Licensing Examination; and

    (b) Necessary] necessary and reasonable fees for its other services.

    3.  The cost of any special meeting called at the request of a [licensed physician,] 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. 28.  NRS 630.301 is hereby amended to read as follows:

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


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ê2001 Statutes of Nevada, Page 767 (Chapter 152, SB 91)ê

 

    1.  Conviction of a felony, any offense involving moral turpitude or any offense relating to the practice of medicine or the ability to practice medicine. A plea of nolo contendere is a conviction for the purposes of this subsection.

    2.  Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to 616D.440, inclusive.

    3.  The revocation, suspension, modification or limitation of the license to practice any type of medicine by any other jurisdiction or the surrender of the license or discontinuing the practice of medicine while under investigation by any licensing authority, a medical facility, a branch of the Armed Services of the United States, an insurance company, an agency of the Federal Government or an employer.

    4.  Malpractice, which may be evidenced by claims settled against a practitioner.

    5.  The engaging by a practitioner in any sexual activity with a patient who is currently being treated by the practitioner.

    6.  Disruptive behavior with physicians, hospital personnel, patients, members of the families of patients or any other persons if the behavior interferes with patient care or has an adverse impact on the quality of care rendered to a patient.

    7.  The engaging in conduct that violates the trust of a patient and exploits the relationship between the physician and the patient for financial or other personal gain.

    8.  The failure to offer appropriate procedures or studies, to protest inappropriate denials by organizations for managed care, to provide necessary services or to refer a patient to an appropriate provider, when such a failure occurs with the intent of positively influencing the financial well-being of the practitioner or an insurer.

    9.  The engaging in conduct that brings the medical profession into disrepute, including, without limitation, conduct that violates any provision of a national code of ethics adopted by the board by regulation.

    10.  The engaging in sexual contact with the surrogate of a patient or other key persons related to a patient, including, without limitation, a spouse, parent or legal guardian, which exploits the relationship between the physician and the patient in a sexual manner.

    Sec. 29.  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 report any claim for malpractice or negligence filed against the licensee and the subsequent disposition thereof within 90 days after the:

    (a) Claim is filed; and

    (b) Disposition of the claim.


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ê2001 Statutes of Nevada, Page 768 (Chapter 152, SB 91)ê

 

    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.

    Sec. 30.  NRS 630.3066 is hereby amended to read as follows:

    630.3066  A physician is not subject to disciplinary action solely for prescribing or administering to a patient under his care [:

    1.  Amygdalin (laetrile), if the patient has consented in writing to the use of the substance.

    2.  Procaine hydrochloride with preservatives and stabilizers (Gerovital H3).

    3.  A] a controlled substance which is listed in schedule II, III, IV or V by the state board of pharmacy pursuant to NRS 453.146, if the controlled substance is lawfully prescribed or administered for the treatment of intractable pain in accordance with [accepted standards for the practice of medicine.] regulations adopted by the board.

    Sec. 31.  NRS 630.307 is hereby amended to read as follows:

    630.307  1.  Any person, 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 forthwith file a written complaint with the board.

    2.  Any hospital, clinic or other medical facility licensed in this state, or medical society, shall forthwith report to the board any change in a physician’s privileges to practice medicine while the physician is under investigation and the outcome of any disciplinary action taken by that facility or society against the physician concerning the care of a patient or the competency of the physician.

    3.  The clerk of every court shall forthwith 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.

    Sec. 32.  NRS 630.329 is hereby amended to read as follows:

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

    Sec. 33.  NRS 630.333 is hereby amended to read as follows:

    630.333  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 [physician] licensee which is harmful to the public;

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

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


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ê2001 Statutes of Nevada, Page 769 (Chapter 152, SB 91)ê

 

    (d) To enjoin the use of the title M.D. , 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, 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.

    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:

    (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 without a license; and

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

    Sec. 34.  NRS 630.336 is hereby amended to read as follows:

    630.336  1.  Any proceeding of a committee of the board investigating complaints is not subject to the requirements of NRS 241.020, unless the licensee under investigation requests that the proceeding be subject to those requirements. Any deliberations conducted or vote taken by:

    (a) The board or panel regarding its decision; or

    (b) The board or any investigative committee of the board regarding its ordering of a physician , 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, 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, all applications for a license to practice medicine [,] 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 630.352 and 630.368, 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) All investigations and records of investigations;

    (c) Any report concerning the fitness of any person to receive or hold a license to practice medicine [;] or respiratory care;

    (d) 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; and

    (e) Any other information or records in the possession of the board.

    4.  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. 35.  NRS 630.344 is hereby amended to read as follows:

    630.344  1.  Service of process [made] under this chapter must be made on [the person] a licensee personally, or by registered or certified mail with return receipt requested [,] addressed to the [physician] licensee at his last known address. If personal service cannot be made and if notice by mail is returned undelivered, the secretary-treasurer of the board shall cause notice to be published once a week for 4 consecutive weeks in a newspaper published in the county of the [physician’s] last known address of the licensee or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.


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ê2001 Statutes of Nevada, Page 770 (Chapter 152, SB 91)ê

 

returned undelivered, the secretary-treasurer of the board shall cause notice to be published once a week for 4 consecutive weeks in a newspaper published in the county of the [physician’s] last known address of the licensee or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.

    2.  Proof of service of process or publication of notice made under this chapter must be filed with the board and recorded in the minutes of the board.

    Sec. 36.  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.

    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. 37.  NRS 630.352 is hereby amended to read as follows:

    630.352  1.  Any member of the board, except for an advisory member serving on a panel of the board hearing charges, may participate in 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.  If the board determines that no violation has occurred, it shall dismiss the charges, in writing, and notify the physician 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 . [, including the name of the person, if any, who filed the complaint.]

    3.  Except as otherwise provided in subsection 4, if the board finds that a violation has occurred, it may by order:

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

    (b) Administer to him a 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;

    (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;

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

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

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


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    (l) Require him to pay all costs incurred by the board relating to his disciplinary proceedings.

    4.  If the board finds that the physician 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.

    Sec. 38.  NRS 630.355 is hereby amended to read as follows:

    630.355  1.  If a person, in a proceeding before the board [:] , a hearing officer or a panel of the board:

    (a) Disobeys or resists a lawful order ; [of the board;]

    (b) Refuses to take an oath or affirmation as a witness ; [before the board;]

    (c) Refuses to be examined ; [before the board;] or

    (d) Engages in conduct during a hearing or so near the place thereof as to obstruct the proceeding,

the board , hearing officer or panel may certify the facts to the district court of the county in which the proceeding is being conducted. Such a certification operates as a stay of all related disciplinary proceedings . [before the board.] The court shall issue an order directing the person to appear before the court and show cause why he should not be held in contempt.

    2.  A copy of the statement of the board , hearing officer or panel, and the order of the district court issued pursuant to subsection 1 must be served on the person. Thereafter, the court has jurisdiction of the matter.

    3.  The same proceedings must be had, the same penalties may be imposed and the person may purge himself of the contempt in the same way as in the case of a person who has committed a contempt in the trial of a civil action.

    Sec. 39.  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 [of the board which limits the practice of medicine or suspends or revokes a license] that imposes a sanction against a licensee pursuant to subsection 3 or 4 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. 40.  NRS 630.358 is hereby amended to read as follows:

    630.358  1.  Any person:

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

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

         (1) Suspended until further order; or

         (2) Revoked,

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 or respiratory care by physicians 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;


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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.

    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 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. 41.  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 , [or] to practice as a [physician’s assistant,] 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 , [or] to practice as a [physician’s] 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. 42.  NRS 630.368 is hereby amended to read as follows:

    630.368  [1.]  To institute a disciplinary action against a [physician’s assistant,] physician assistant or practitioner of respiratory care, a written complaint, specifying the charges, must be filed with the board by:

    [(a) The board ;

    (b)] 1.  The board or a committee designated by the board to investigate a complaint;

    2.  Any member of the board; or

    [(c)] 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.

    [2.  Before taking any formal action on a complaint filed against a physician’s assistant by his supervising physician or by an osteopathic physician supervising the physician’s assistant pursuant to NRS 630.274, the board shall provide the physician’s assistant with a copy of the complaint.


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    3.  If, pursuant to disciplinary procedures set forth in the regulations adopted by the board, the board finds that the charges in the complaint against the physician’s assistant are false, the board may provide the physician’s assistant with a copy of the complaint, including the name of the person, if any, who filed the complaint.]

    Sec. 43.  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 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 or respiratory care without having a license to do so, without alleging any further or more particular facts concerning the same.

    Sec. 44.  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 or respiratory care under a false or assumed name or falsely personates another licensee;

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

    5.  Holds himself out as a [physician’s] physician assistant or [who] uses any other term indicating or implying that he is a [physician’s] physician assistant without being licensed by the board; [or]

    6.  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; or

    7.  Uses the title M.D., when not licensed by the board pursuant to this chapter, unless otherwise authorized by a specific statute,

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

    Sec. 45.  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, [physician’s] physician assistant, psychiatrist, psychologist, marriage and family therapist, 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 nursing in the home.

    (e) Any employee of the department of human resources.


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    (f) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

    (g) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

    (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 or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.

    (i) 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.

    Sec. 46.  NRS 632.473 is hereby amended to read as follows:

    632.473  1.  A nurse licensed pursuant to the provisions of this chapter, while working at an institution of the department of prisons, may treat patients, including the administration of a dangerous drug, poison or related device, pursuant to orders given by a [physician’s] physician assistant if those orders are given pursuant to a protocol approved by the board of medical examiners and the supervising physician. The orders must be cosigned by the supervising physician or another physician within 72 hours after treatment.

    2.  A copy of the protocol under which orders are given by a [physician’s] physician assistant must be available at the institution for review by the nurse.

    3.  This section does not authorize a [physician’s] physician assistant to give orders for the administration of any controlled substance.

    4.  For the purposes of this section:

    (a) [“Physician’s] “Physician assistant” means a [physician’s] physician assistant licensed by the board of medical examiners pursuant to chapter 630 of NRS who:

         (1) Is employed at an institution of the department of prisons;

         (2) Has been awarded a bachelor’s degree from a college or university recognized by the board of medical examiners; and

         (3) Has received at least 40 hours of instruction regarding the prescription of medication as a part of either his basic educational qualifications or a program of continuing education approved by the board of medical examiners.

    (b) “Protocol” means the written directions for the assessment and management of specified medical conditions, including the drugs and devices the [physician’s] physician assistant is authorized to order, which the [physician’s] physician assistant and the supervision have agreed upon as a basis for their practice.

    (c) “Supervising physician” has the meaning ascribed to it in NRS 630.025.


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    Sec. 47.  NRS 639.0125 is hereby amended to read as follows:

    639.0125  “Practitioner” means:

    1.  A physician, dentist, veterinarian or podiatric physician who holds a valid license to practice his profession in this state;

    2.  A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state;

    3.  An advanced practitioner of nursing who has been authorized to prescribe poisons, dangerous drugs and devices; or

    4.  A physician assistant who:

    (a) Holds a license issued by the board of medical examiners; and

    (b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician as required by chapter 630 of NRS.

    5.  An osteopathic physician’s assistant who:

    (a) Holds a [license issued by the board of medical examiners or] certificate issued by the state board of osteopathic medicine; and

    (b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of [a physician or] an osteopathic physician as required by chapter [630 or] 633 of NRS.

    Sec. 48.  NRS 639.1373 is hereby amended to read as follows:

    639.1373  1.  A physician assistant or an osteopathic physician’s assistant may, if authorized by the board, possess, administer, prescribe or dispense controlled substances, or possess, administer, prescribe or dispense poisons, dangerous drugs or devices in or out of the presence of his supervising physician only to the extent and subject to the limitations specified in the registration certificate issued to the physician assistant or osteopathic physician’s [assistant’s certificate as issued] assistant, as appropriate, by the board [.] pursuant to this section.

    2.  Each physician assistant and osteopathic physician’s assistant who is authorized by his [physician’s] physician assistant’s license issued by the board of medical examiners or certificate issued by the state board of osteopathic medicine to possess, administer, prescribe or dispense controlled substances, or to possess, administer, prescribe or dispense poisons, dangerous drugs or devices must apply for and obtain a registration certificate from the board, pay a fee to be set by regulations adopted by the board and pass an examination administered by the board on the law relating to pharmacy before he can possess, administer, prescribe or dispense controlled substances, or possess, administer, prescribe or dispense poisons, dangerous drugs or devices.

    3.  The board shall consider each application separately and may, even though the [physician’s] physician assistant’s license issued by the board of medical examiners or the osteopathic physician’s assistant’s certificate issued by the state board of osteopathic medicine authorizes the physician assistant or osteopathic physician’s assistant , as appropriate, to possess, administer, prescribe or dispense controlled substances, or to possess, administer, prescribe or dispense poisons, dangerous drugs and devices:

    (a) Refuse to issue a registration certificate;

    (b) Issue a registration certificate limiting the authority of the physician assistant or osteopathic physician’s [assistant’s authority] assistant, as appropriate, to possess, administer, prescribe or dispense controlled substances, or to possess, administer, prescribe or dispense poisons, dangerous drugs or devices, the area in which the physician assistant or osteopathic physician’s assistant may possess controlled substances, poisons, dangerous drugs and devices, or the kind and amount of controlled substances, poisons, dangerous drugs and devices; or


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appropriate, to possess, administer, prescribe or dispense controlled substances, or to possess, administer, prescribe or dispense poisons, dangerous drugs or devices, the area in which the physician assistant or osteopathic physician’s assistant may possess controlled substances, poisons, dangerous drugs and devices, or the kind and amount of controlled substances, poisons, dangerous drugs and devices; or

    (c) Issue a registration certificate imposing other limitations or restrictions which the board feels are necessary and required to protect the health, safety and welfare of the public.

    4.  If the registration of the physician assistant or osteopathic physician’s assistant is suspended or revoked, the physician’s controlled substance registration may also be suspended or revoked.

    5.  The board shall adopt regulations controlling the maximum amount to be administered, possessed and dispensed, and the storage, security, recordkeeping and transportation of controlled substances and the maximum amount to be administered, possessed, prescribed and dispensed and the storage, security, recordkeeping and transportation of poisons, dangerous drugs and devices by physician assistants and osteopathic physicians’ assistants. In the adoption of those regulations, the board shall consider, but is not limited to, the following:

    (a) The area in which the physician assistant or osteopathic physician’s assistant is to operate;

    (b) The population of that area;

    (c) The experience and training of the physician assistant or osteopathic physician’s assistant;

    (d) The distance to the nearest hospital and physician; and

    (e) The effect on the health, safety and welfare of the public.

    6.  For the purposes of this section, the term [“physician’s assistant” includes an osteopathic physician’s assistant and the term] “supervising physician” includes an employing osteopathic physician as defined in chapter 633 of NRS.

    Sec. 49.  NRS 652.210 is hereby amended to read as follows:

    652.210  No person other than a licensed physician, a licensed optometrist, a licensed practical nurse, a registered nurse, a licensed [or] physician assistant, a certified osteopathic physician’s assistant, a certified intermediate emergency medical technician, a certified advanced emergency medical technician or a licensed dentist may manipulate a person for the collection of specimens, except that technical personnel of a laboratory may collect blood, remove stomach contents, perform certain diagnostic skin tests or field blood tests or collect material for smears and cultures.

    Sec. 50.  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 human resources;

         (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


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         (4) A toll-free telephone service designated by the aging services division of the department of human resources; 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 human resources 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 human resources.

    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’s] physician assistant, psychiatrist, psychologist, marriage and family therapist, 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, 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 clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from the offender during a confession.

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

    (f) Every attorney, unless he has acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from a client who has been or may be accused of such abuse, neglect, exploitation or isolation.

    (g) Any employee of the department of human resources.

    (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.


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    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 and the aging services division of the department of human resources 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 human resources, must be forwarded to the aging services division within 90 days after the completion of the report.

    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 human resources 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.

    Sec. 51.  NRS 223.550 is hereby amended to read as follows:

    223.550  1.  The office for consumer health assistance is hereby established in the office of the governor. The governor shall appoint the director. The director must:

    (a) Be:

         (1) A physician, as that term is defined in NRS 0.040;

         (2) A registered nurse, as that term is defined in NRS 632.019;

         (3) An advanced practitioner of nursing, as that term is defined in NRS 453.023; or

         (4) A [physician’s] physician assistant, as that term is defined in NRS 630.015; and

    (b) Have expertise and experience in the field of advocacy.

    2.  The cost of carrying out the provisions of NRS 223.500 to 223.580, inclusive, must be paid as follows:

    (a) That portion of the cost related to providing assistance to consumers and injured employees concerning workers’ compensation must be paid from the assessments levied pursuant to NRS 232.680.

    (b) The remaining cost must be provided by direct legislative appropriation from the state general fund and be paid out on claims as other claims against the state are paid.

    Sec. 52.  NRS 244.1605 is hereby amended to read as follows:

    244.1605  The boards of county commissioners may:

    1.  Establish, equip and maintain limited medical facilities in the outlying areas of their respective counties to provide outpatient care and emergency treatment to the residents of and those falling sick or being injured or maimed in those areas.

    2.  Provide a full-time or part-time staff for the facilities which may include a physician, a licensed [physician’s] physician assistant, a registered nurse or a licensed practical nurse, a certified emergency medical technician and such other personnel as the board deems necessary or appropriate to ensure adequate staffing commensurate with the needs of the area in which the facility is located.


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and such other personnel as the board deems necessary or appropriate to ensure adequate staffing commensurate with the needs of the area in which the facility is located.

    3.  Fix the charges for the medical and nursing care and medicine furnished by the facility to those who are able to pay for them, and to provide that care and medicine free of charge to those persons who qualify as medical indigents under the county’s criteria of eligibility for medical care.

    4.  Purchase, equip and maintain, either in connection with a limited medical facility as authorized in this section or independent therefrom, ambulances and ambulance services for the benefit of the residents of and those falling sick or being injured or maimed in the outlying areas.

    Sec. 53.  NRS 244.382 is hereby amended to read as follows:

    244.382  The legislature finds that:

    1.  Many of the less populous counties of the state have experienced shortages of physicians, surgeons, anesthetists, dentists, other medical professionals and [physicians’] physician assistants.

    2.  Some of the more populous counties of the state have also experienced shortages of physicians, surgeons, anesthetists, dentists, other medical professionals and [physicians’] physician assistants in their rural communities.

    3.  By granting county scholarships to students in such medical professions who will agree to return to the less populous counties or the rural communities of the more populous counties for residence and practice, these counties can alleviate the shortages to a degree and thereby provide their people with needed health services.

    Sec. 54.  NRS 244.3821 is hereby amended to read as follows:

    244.3821  1.  In addition to the powers elsewhere conferred upon all counties, except as otherwise provided in subsection 2, any county may establish a medical scholarship program to induce students in the medical professions to return to the county for practice.

    2.  Any county whose population is 100,000 or more may only establish a medical scholarship program to induce students in the medical professions to return to the less populous rural communities of the county for practice.

    3.  Students in the medical professions for the purposes of NRS 244.382 to 244.3823, inclusive, include persons studying to be [physicians’] physician assistants.

    4.  The board of county commissioners of a county that has established a medical scholarship program may appropriate money from the general fund of the county for medical scholarship funds and may accept private contributions to augment the scholarship funds.

    Sec. 55.  NRS 397.0605 is hereby amended to read as follows:

    397.0605  The provisions of NRS 397.0615, 397.0645 and 397.0653 to the contrary notwithstanding, the Western Interstate Commission for Higher Education may adopt regulations which require as a condition of placement of a student in an educational program for [physicians’] physician assistants and receipt of the related financial support that the student submit to the director of the Western Interstate Commission for Higher Education:

    1.  A written statement from a licensed provider of health care who practices his profession in a rural area of this state that he agrees to employ the student for the term necessary to fulfill the requirements of NRS 397.0645 upon the completion of the student’s education, examination and licensure.


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    2.  A written statement from the student that in lieu of repayment of all state contributions for the stipend he received he will practice his profession in a rural area of this state in accordance with the schedule set forth in subsection 1 of NRS 397.0645.

    Sec. 56.  NRS 397.0617 is hereby amended to read as follows:

    397.0617  1.  The provisions of this section apply only to support fees received by a student on or after July 1, 1997.

    2.  The three commissioners from the State of Nevada, acting jointly, may require a student who is certified to study to practice in a profession which could benefit a medically underserved area of this state, as that term is defined by the officer of rural health of the University of Nevada School of Medicine, to practice in such an area or to practice in an area designated by the Secretary of Health and Human Services:

    (a) Pursuant to 42 U.S.C. § 254c, as containing a medically underserved population; or

    (b) Pursuant to 42 U.S.C. § 254e, as a health professional shortage area,

as a condition to receiving a support fee.

    3.  If a person agrees to practice in a medically underserved area of this state pursuant to subsection 2 for at least 2 years, the three commissioners from the State of Nevada, acting jointly, may forgive the portion of the support fee designated as the loan of the person.

    4.  If a person returns to this state but does not practice in a medically underserved area of this state pursuant to subsection 2 for at least 2 years, the three commissioners from the State of Nevada, acting jointly, shall assess a default charge in an amount not less than three times the portion of the support fee designated as the loan of the person, plus interest.

    5.  As used in this section, a “profession which could benefit a medically underserved area of this state” includes, without limitation, dentistry, physical therapy, pharmacy and practicing as a [physician’s] physician assistant.

    Sec. 57.  NRS 432B.220 is hereby amended to read as follows:

    432B.220  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 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 protective 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 protective 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.


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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.  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’s] physician assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, 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; and

    (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.

    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 child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the report and submit to an agency which provides protective services his written findings. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.

    Sec. 58.  NRS 441A.110 is hereby amended to read as follows:

441A.110  “Provider of health care” means a physician, nurse, [physician’s] physician assistant or veterinarian licensed in accordance with state law.

    Sec. 59.  NRS 442.003 is hereby amended to read as follows:

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

    1.  “Advisory board” means the advisory board on maternal and child health.

    2.  “Department” means the department of human resources.

    3.  “Director” means the director of the department.

    4.  “Fetal alcohol syndrome” includes fetal alcohol effects.


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    5.  “Health division” means the health division of the department.

    6.  “Obstetric center” has the meaning ascribed to it in NRS 449.0155.

    7.  “Provider of health care or other services” means:

    (a) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of NRS;

    (b) A physician or a [physician’s] physician assistant who is licensed pursuant to chapter 630 of NRS and who practices in the area of obstetrics and gynecology, family practice, internal medicine, pediatrics or psychiatry;

    (c) A licensed nurse;

    (d) A licensed psychologist;

    (e) A licensed marriage and family therapist;

    (f) A licensed social worker; or

    (g) The holder of a certificate of registration as a pharmacist.

    Sec. 60.  NRS 442.119 is hereby amended to read as follows:

    442.119  As used in NRS 442.119 to 442.1198, inclusive, unless the context otherwise requires:

    1.  “Health officer” includes a local health officer, a city health officer, a county health officer and a district health officer.

    2.  “Medicaid” has the meaning ascribed to it in NRS 439B.120.

    3.  “Medicare” has the meaning ascribed to it in NRS 439B.130.

    4.  “Provider of prenatal care” is limited to:

    (a) A physician who is licensed in this state and certified in obstetrics and gynecology, family practice, general practice or general surgery.

    (b) A certified nurse midwife who is licensed by the state board of nursing.

    (c) An advanced practitioner of nursing who has specialized skills and training in obstetrics or family nursing.

    (d) A [physicians’] physician assistant who has specialized skills and training in obstetrics or family practice.

    Sec. 61.  NRS 449.0175 is hereby amended to read as follows:

    449.0175  “Rural clinic” means a facility located in an area that is not designated as an urban area by the Bureau of the Census, where medical services are provided by a [physician’s] physician assistant or an advanced practitioner of nursing under the supervision of a licensed physician.

    Sec. 62.  NRS 450B.160 is hereby amended to read as follows:

    450B.160  1.  The health authority may issue licenses to attendants and to firemen employed by or serving as volunteers with a fire-fighting agency.

    2.  Each license must be evidenced by a card issued to the holder of the license, is valid for a period not to exceed 2 years and is renewable.

    3.  An applicant for a license must file with the health authority:

    (a) A current, valid certificate evidencing his successful completion of a program or course for training in emergency medical technology, if he is applying for a license as an attendant, or, if a volunteer attendant, at a level of skill determined by the board.

    (b) A current valid certificate evidencing his successful completion of a program for training as an intermediate emergency medical technician or advanced emergency medical technician if he is applying for a license as a fireman with a fire-fighting agency.

    (c) A signed statement showing:

         (1) His name and address;

         (2) His employer’s name and address; and

         (3) A description of his duties.


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    (d) Such other certificates for training and such other items as the board may specify.

    4.  The board shall adopt such regulations as it determines are necessary for the issuance, suspension, revocation and renewal of licenses.

    5.  Each operator of an ambulance or air ambulance and each fire-fighting agency shall annually file with the health authority a complete list of the licensed persons in its service.

    6.  Licensed physicians, registered nurses and licensed [physicians’] physician assistants may serve as attendants without being licensed under the provisions of this section. A registered nurse who performs advanced emergency care in an ambulance or air ambulance must perform the care in accordance with the regulations of the state board of nursing. A licensed [physicians’] physician assistant who performs advanced emergency care in an ambulance or air ambulance must perform the care in accordance with the regulations of the [state] board of medical examiners.

    7.  Each licensed physician, registered nurse and licensed [physicians’] physician assistant who serves as an attendant must have current certification of completion of training in:

    (a) Advanced life-support procedures for patients who require cardiac care;

    (b) Life-support procedures for pediatric patients who require cardiac care; or

    (c) Life-support procedures for patients with trauma that are administered before the arrival of those patients at a hospital.

The certification must be issued by the board of medical examiners for a physician or licensed [physician’s] physician assistant or by the state board of nursing for a registered nurse.

    8.  The board of medical examiners and the state board of nursing shall issue a certificate pursuant to subsection 7 if the licensed physician, licensed [physician’s] physician assistant or registered nurse attends:

    (a) A course offered by a national organization which is nationally recognized for issuing such certification;

    (b) Training conducted by the operator of an ambulance or air ambulance; or

    (c) Any other course or training,

approved by the board of medical examiners or the state board of nursing, whichever is issuing the certification. The board of medical examiners and the state board of nursing may require certification of training in all three areas set forth in subsection 7 for a licensed physician, licensed [physician’s] physician assistant or registered nurse who primarily serves as an attendant in a county whose population is 400,000 or more.

    Sec. 63.  NRS 453.038 is hereby amended to read as follows:

    453.038  “Chart order” means an order entered on the chart of a patient:

    1.  In a hospital, facility for intermediate care or facility for skilled nursing which is licensed as such by the health division of the department; or

    2.  Under emergency treatment in a hospital by a physician, dentist or podiatric physician, or on the written or oral order of a physician, [physician’s] physician assistant, dentist or podiatric physician authorizing the administration of a drug to the patient.

    Sec. 64.  NRS 453.091 is hereby amended to read as follows:

    453.091  1.  “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.


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ê2001 Statutes of Nevada, Page 784 (Chapter 152, SB 91)ê

 

directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.

    2.  “Manufacture” does not include the preparation or compounding of a substance by a person for his own use or the preparation, compounding, packaging or labeling of a substance by a physician, [physician’s] physician assistant, dentist, podiatric physician or veterinarian:

    (a) As an incident to his administering or dispensing of a substance in the course of his professional practice; or

    (b) By his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.

    Sec. 65.  NRS 453.126 is hereby amended to read as follows:

    453.126  “Practitioner” means:

    1.  A physician, dentist, veterinarian or podiatric physician who holds a license to practice his profession in this state and is registered pursuant to this chapter.

    2.  An advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy authorizing him to dispense controlled substances.

    3.  A scientific investigator or a pharmacy, hospital or other institution licensed, registered or otherwise authorized in this state to distribute, dispense, conduct research with respect to, to administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.

    4.  A euthanasia technician who is licensed by the Nevada state board of veterinary medical examiners and registered pursuant to this chapter, while he possesses or administers sodium pentobarbital pursuant to his license and registration.

    5.  A [physician’s] physician assistant who:

    (a) Holds a license from the board of medical examiners ; [or a certificate from the state board of osteopathic medicine;] and

    (b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances under the supervision of a physician [or osteopathic physician] as required by chapter 630 [or 633] of NRS.

    6.  An osteopathic physician’s assistant who:

    (a) Holds a certificate from the state board of osteopathic medicine; and

    (b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances under the supervision of an osteopathic physician as required by chapter 633 of NRS.

    7.  An optometrist who is certified by the Nevada state board of optometry to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288, when he prescribes or administers therapeutic pharmaceutical agents within the scope of his certification.

    Sec. 66.  NRS 453.128 is hereby amended to read as follows:

    453.128  1.  “Prescription” means:

    (a) An order given individually for the person for whom prescribed, directly from a physician, osteopathic physician’s assistant, physician assistant, dentist, podiatric physician, optometrist or veterinarian, or his agent, to a pharmacist or indirectly by means of an order signed by the practitioner or an electronic transmission from the practitioner to a pharmacist; or


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ê2001 Statutes of Nevada, Page 785 (Chapter 152, SB 91)ê

 

    (b) A chart order written for an inpatient specifying drugs which he is to take home upon his discharge.

    2.  The term does not include a chart order written for an inpatient for use while he is an inpatient.

    Sec. 67.  NRS 453.226 is hereby amended to read as follows:

    453.226  1.  Every practitioner or other person who dispenses any controlled substance within this state or who proposes to engage in the dispensing of any controlled substance within this state shall obtain biennially a registration issued by the board in accordance with its regulations.

    2.  A person registered by the board in accordance with the provisions of NRS 453.011 to 453.552, inclusive, to dispense or conduct research with controlled substances may possess, dispense or conduct research with those substances to the extent authorized by the registration and in conformity with the other provisions of those sections.

    3.  The following persons are not required to register and may lawfully possess and distribute controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive:

    (a) An agent or employee of a registered dispenser of a controlled substance if he is acting in the usual course of his business or employment;

    (b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;

    (c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a physician, osteopathic physician’s assistant, physician assistant, dentist, podiatric physician or veterinarian or in lawful possession of a schedule V substance; or

    (d) A physician who:

         (1) Holds a locum tenens license issued by the board of medical examiners or a temporary license issued by the state board of osteopathic medicine; and

         (2) Is registered with the Drug Enforcement Administration at a location outside this state.

    4.  The board may waive the requirement for registration of certain dispensers if it finds it consistent with the public health and safety.

    5.  A separate registration is required at each principal place of business or professional practice where the applicant dispenses controlled substances.

    6.  The board may inspect the establishment of a registrant or applicant for registration in accordance with the board’s regulations.

    Sec. 68.  NRS 453.336 is hereby amended to read as follows:

    453.336  1.  A person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, osteopathic physician’s assistant, physician assistant, dentist, podiatric physician, optometrist or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive.

    2.  Except as otherwise provided in subsections 3, 4 and 5 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:


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ê2001 Statutes of Nevada, Page 786 (Chapter 152, SB 91)ê

 

    (a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.

    (b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

    (c) For the first offense, if the controlled substance is listed in schedule V, for a category E felony as provided in NRS 193.130.

    (d) For a second or subsequent offense, if the controlled substance is listed in schedule V, for a category D felony as provided in NRS 193.130.

    3.  Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

    4.  Unless a greater penalty is provided in NRS 212.160, a person who is less than 21 years of age and is convicted of the possession of less than 1 ounce of marijuana:

    (a) For the first and second offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    (b) For a third or subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

    5.  Before sentencing under the provisions of subsection 4 for a first offense, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176A.200. After the report is received but before sentence is pronounced the court shall:

    (a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and

    (b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information.

    6.  As used in this section, “controlled substance” includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.

    Sec. 69.  NRS 453.371 is hereby amended to read as follows:

    453.371  As used in NRS 453.371 to 453.552, inclusive:

    1.  “Medical intern” means a medical graduate acting as an assistant in a hospital for the purpose of clinical training.

    2.  “Physician,” [“physician’s] “physician assistant,” “dentist,” “podiatric physician,” “veterinarian,” “pharmacist” and “euthanasia technician” mean persons authorized by a valid license to practice their respective professions in this state who are registered with the board.

    Sec. 70.  NRS 453.375 is hereby amended to read as follows:

    453.375  A controlled substance may be possessed and administered by the following persons:

    1.  A practitioner.


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ê2001 Statutes of Nevada, Page 787 (Chapter 152, SB 91)ê

 

    2.  A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, [physician’s] physician assistant, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.

    3.  An advanced emergency medical technician:

    (a) As authorized by regulation of:

         (1) The state board of health in a county whose population is less than 100,000; or

         (2) A county or district board of health in a county whose population is 100,000 or more; and

    (b) In accordance with any applicable regulations of:

         (1) The state board of health in a county whose population is less than 100,000;

         (2) A county board of health in a county whose population is 100,000 or more; or

         (3) A district board of health created pursuant to NRS 439.370 in any county.

    4.  A respiratory therapist, at the direction of a physician or [physician’s] physician assistant.

    5.  A medical student, student in training to become a [physician’s] physician assistant or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician or [physician’s] physician assistant and:

    (a) In the presence of a physician, [physician’s] physician assistant or a registered nurse; or

    (b) Under the supervision of a physician, [physician’s] physician assistant or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician, [physician’s] physician assistant or nurse.

A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

    6.  An ultimate user or any person whom the ultimate user designates pursuant to a written agreement.

    7.  Any person designated by the head of a correctional institution.

    8.  A veterinary technician at the direction of his supervising veterinarian.

    9.  In accordance with applicable regulations of the state board of health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

    10.  In accordance with applicable regulations of the state board of pharmacy, an animal control officer, a wildlife biologist or an employee designated by a federal, state or local governmental agency whose duties include the control of domestic, wild and predatory animals.

    Sec. 71.  NRS 453.381 is hereby amended to read as follows:

    453.381  1.  In addition to the limitations imposed by NRS 453.256, a physician, [physician’s] physician assistant, dentist or podiatric physician may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself, his spouse or his children except in cases of emergency.


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ê2001 Statutes of Nevada, Page 788 (Chapter 152, SB 91)ê

 

schedule II for himself, his spouse or his children except in cases of emergency.

    2.  A veterinarian, in the course of his professional practice only, and not for use by a human being, may prescribe, possess and administer controlled substances, and he may cause them to be administered by a veterinary technician under his direction and supervision.

    3.  A euthanasia technician, within the scope of his license, and not for use by a human being, may possess and administer sodium pentobarbital.

    4.  A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the usual course of the professional practice of a physician, [physician’s] physician assistant, dentist, podiatric physician or veterinarian.

    5.  Any person who has obtained from a physician, [physician’s] physician assistant, dentist, podiatric physician or veterinarian any controlled substance for administration to a patient during the absence of the physician, [physician’s] physician assistant, dentist, podiatric physician or veterinarian shall return to him any unused portion of the substance when it is no longer required by the patient.

    6.  A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of such a controlled substance to registrants.

    7.  A salesman of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.

    8.  A person shall not dispense a controlled substance in violation of a regulation adopted by the board.

    Sec. 72.  NRS 453.391 is hereby amended to read as follows:

    453.391  A person shall not:

    1.  Unlawfully take, obtain or attempt to take or obtain a controlled substance or a prescription for a controlled substance from a manufacturer, wholesaler, pharmacist, physician, [physician’s] physician assistant, dentist, veterinarian or any other person authorized to administer, dispense or possess controlled substances.

    2.  While undergoing treatment and being supplied with any controlled substance or a prescription for any controlled substance from one practitioner, knowingly obtain any controlled substance or a prescription for a controlled substance from another practitioner without disclosing this fact to the second practitioner.

    Sec. 73.  NRS 454.00958 is hereby amended to read as follows:

    454.00958  “Practitioner” means:

    1.  A physician, dentist, veterinarian or podiatric physician who holds a valid license to practice his profession in this state.

    2.  A pharmacy, hospital or other institution licensed or registered to distribute, dispense, conduct research with respect to or to administer a dangerous drug in the course of professional practice in this state.

    3.  When relating to the prescription of poisons, dangerous drugs and devices:

    (a) An advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him so to prescribe; or


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ê2001 Statutes of Nevada, Page 789 (Chapter 152, SB 91)ê

 

    (b) A [physician’s] physician assistant who holds a license from the [state] board of medical examiners and a certificate from the state board of pharmacy permitting him so to prescribe.

    4.  An optometrist who is certified to prescribe and administer dangerous drugs pursuant to NRS 636.288 when he prescribes or administers dangerous drugs which are within the scope of his certification.

    Sec. 74.  NRS 454.213 is hereby amended to read as follows:

    454.213  A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

    1.  A practitioner.

    2.  A [physician’s] physician assistant at the direction of his supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.

    3.  Except as otherwise provided in subsection 4, a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.

    4.  In accordance with applicable regulations of the board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:

    (a) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and

    (b) Acting under the direction of the medical director of that agency or facility who works in this state.

    5.  An intermediate emergency medical technician or an advanced emergency medical technician, as authorized by regulation of the state board of pharmacy and in accordance with any applicable regulations of:

    (a) The state board of health in a county whose population is less than 100,000;

    (b) A county board of health in a county whose population is 100,000 or more; or

    (c) A district board of health created pursuant to NRS 439.370 in any county.

    6.  A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.

    7.  A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.

    8.  A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:

    (a) In the presence of a physician or a registered nurse; or

    (b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.


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ê2001 Statutes of Nevada, Page 790 (Chapter 152, SB 91)ê

 

    9.  Any person designated by the head of a correctional institution.

    10.  An ultimate user or any person designated by the ultimate user pursuant to a written agreement.

    11.  A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the board.

    12.  A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the board.

    13.  A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.

    14.  A physical therapist, but only if the drug or medicine is a topical drug which is:

    (a) Used for cooling and stretching external tissue during therapeutic treatments; and

    (b) Prescribed by a licensed physician for:

         (1) Iontophoresis; or

         (2) The transmission of drugs through the skin using ultrasound.

    15.  In accordance with applicable regulations of the state board of health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

    16.  A veterinary technician at the direction of his supervising veterinarian.

    17.  In accordance with applicable regulations of the board, a registered pharmacist who:

    (a) Is trained in and certified to carry out standards and practices for immunization programs;

    (b) Is authorized to administer immunizations pursuant to written protocols from a physician; and

    (c) Administers immunizations in compliance with the “Standards of Immunization Practices” recommended and approved by the United States Public Health Service Advisory Committee on Immunization Practices.

    Sec. 75.  NRS 454.215 is hereby amended to read as follows:

    454.215  A dangerous drug may be dispensed by:

    1.  A registered pharmacist upon the legal prescription from a practitioner or to a pharmacy in a correctional institution upon the written order of the prescribing practitioner in charge;

    2.  A pharmacy in a correctional institution, in case of emergency, upon a written order signed by the chief medical officer;

    3.  A practitioner, or a [physician’s] physician assistant if authorized by the board;

    4.  A registered nurse, when the nurse is engaged in the performance of any public health program approved by the board;

    5.  A medical intern in the course of his internship;

    6.  An advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense dangerous drugs;

    7.  A registered nurse employed at an institution of the department of prisons to an offender in that institution; or

    8.  A registered pharmacist from an institutional pharmacy pursuant to regulations adopted by the board,

except that no person may dispense a dangerous drug in violation of a regulation adopted by the board.


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ê2001 Statutes of Nevada, Page 791 (Chapter 152, SB 91)ê

 

    Sec. 76.  NRS 454.221 is hereby amended to read as follows:

    454.221  1.  A person who furnishes any dangerous drug except upon the prescription of a practitioner is guilty of a category D felony and shall be punished as provided in NRS 193.130, unless the dangerous drug was obtained originally by a legal prescription.

    2.  The provisions of this section do not apply to the furnishing of any dangerous drug by:

    (a) A practitioner to his patients;

    (b) A [physician’s] physician assistant if authorized by the board;

    (c) A registered nurse while participating in a public health program approved by the board, or an advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense dangerous drugs;

    (d) A manufacturer or wholesaler or pharmacy to each other or to a practitioner or to a laboratory under records of sales and purchases that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity;

    (e) A hospital pharmacy or a pharmacy so designated by a county health officer in a county whose population is 100,000 or more, or by a district health officer in any county within its jurisdiction or, in the absence of either, by the state health officer or his designated medical director of emergency medical services, to a person or agency described in subsection 3 of NRS 639.268 to stock ambulances or other authorized vehicles or replenish the stock; or

    (f) A pharmacy in a correctional institution to a person designated by the director of the department of prisons to administer a lethal injection to a person who has been sentenced to death.

    Sec. 77.  NRS 484.393 is hereby amended to read as follows:

    484.393  1.  The results of any blood test administered under the provisions of NRS 484.383 or 484.391 are not admissible in any hearing or criminal action arising out of acts alleged to have been committed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379 or 484.3795 unless:

    (a) The blood tested was withdrawn by a physician, [physician’s] physician assistant, registered nurse, licensed practical nurse, emergency medical technician or a technician, technologist or assistant employed in a medical laboratory;

    (b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma; and

    (c) The person who withdrew the blood was authorized to do so by the appropriate medical licensing or certifying agency.

    2.  The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.

    3.  No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer the test.


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ê2001 Statutes of Nevada, Page 792 (Chapter 152, SB 91)ê

 

    Sec. 78.  Section 1 of Assembly Bill No. 78 of this session is hereby amended to read as follows:

    Section 1.  NRS 632.017 is hereby amended to read as follows:

    632.017  “Practice of practical nursing” means the performance of selected acts in the care of the ill, injured or infirm under the direction of a registered professional nurse, an advanced practitioner of nursing, a licensed physician, a licensed physician assistant, a licensed dentist or a licensed podiatric physician, not requiring the substantial specialized skill, judgment and knowledge required in professional nursing.

    Sec. 79.  Section 2 of Assembly Bill No. 78 of this session is hereby amended to read as follows:

    Sec. 2.  NRS 632.018 is hereby amended to read as follows:

    632.018  “Practice of professional nursing” means the performance of any act in the observation, care and counsel of the ill, injured or infirm, in the maintenance of health or prevention of illness of others, in the supervision and teaching of other personnel, in the administration of medications and treatments as prescribed by an advanced practitioner of nursing, a licensed physician, a licensed physician assistant, a licensed dentist or a licensed podiatric physician, requiring substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical and social science, but does not include acts of medical diagnosis or prescription of therapeutic or corrective measures.

    Sec. 80.  Section 3 of Assembly Bill No. 78 of this session is hereby amended to read as follows:

    Sec. 3.  NRS 454.213 is hereby amended to read as follows:

    454.213  A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

    1.  A practitioner.

    2.  A physician assistant at the direction of his supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.

    3.  Except as otherwise provided in subsection 4, a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, physician assistant, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.

    4.  In accordance with applicable regulations of the board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:

    (a) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and

    (b) Acting under the direction of the medical director of that agency or facility who works in this state.

    5.  An intermediate emergency medical technician or an advanced emergency medical technician, as authorized by regulation of the state board of pharmacy and in accordance with any applicable regulations of:

    (a) The state board of health in a county whose population is less than 100,000;


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ê2001 Statutes of Nevada, Page 793 (Chapter 152, SB 91)ê

 

    (b) A county board of health in a county whose population is 100,000 or more; or

    (c) A district board of health created pursuant to NRS 439.370 in any county.

    6.  A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.

    7.  A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.

    8.  A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:

    (a) In the presence of a physician or a registered nurse; or

    (b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

    9.  Any person designated by the head of a correctional institution.

    10.  An ultimate user or any person designated by the ultimate user pursuant to a written agreement.

    11.  A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the board.

    12.  A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the board.

    13.  A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.

    14.  A physical therapist, but only if the drug or medicine is a topical drug which is:

    (a) Used for cooling and stretching external tissue during therapeutic treatments; and

    (b) Prescribed by a licensed physician for:

       (1) Iontophoresis; or

       (2) The transmission of drugs through the skin using ultrasound.

    15.  In accordance with applicable regulations of the state board of health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

    16.  A veterinary technician at the direction of his supervising veterinarian.

    17.  In accordance with applicable regulations of the board, a registered pharmacist who:

    (a) Is trained in and certified to carry out standards and practices for immunization programs;

    (b) Is authorized to administer immunizations pursuant to written protocols from a physician; and


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ê2001 Statutes of Nevada, Page 794 (Chapter 152, SB 91)ê

 

    (c) Administers immunizations in compliance with the “Standards of Immunization Practices” recommended and approved by the United States Public Health Service Advisory Committee on Immunization Practices.

    Sec. 81.  Section 2 of Senate Bill No. 52 of this session is hereby amended to read as follows:

    Sec. 2.  NRS 639.0125 is hereby amended to read as follows:

    639.0125  “Practitioner” means:

    1.  A physician, dentist, veterinarian or podiatric physician who holds a [valid] license to practice his profession in this state;

    2.  A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state;

    3.  An advanced practitioner of nursing who has been authorized to prescribe controlled substances, poisons, dangerous drugs and devices; or

    4.  A physician assistant who:

    (a) Holds a license issued by the board of medical examiners; and

    (b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician as required by chapter 630 of NRS.

    5.  An osteopathic physician’s assistant who:

    (a) Holds a certificate issued by the state board of osteopathic medicine; and

    (b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of an osteopathic physician as required by chapter 633 of NRS.

    Sec. 82.  Section 4 of Senate Bill No. 52 of this session is hereby amended to read as follows:

    Sec. 4.  NRS 453.038 is hereby amended to read as follows:

    453.038  “Chart order” means an order entered on the chart of a patient:

    1.  In a hospital, facility for intermediate care or facility for skilled nursing which is licensed as such by the health division of the department; or

    2.  Under emergency treatment in a hospital by a physician, advanced practitioner of nursing, dentist or podiatric physician, or on the written or oral order of a physician, physician assistant, advanced practitioner of nursing, dentist or podiatric physician authorizing the administration of a drug to the patient.

    Sec. 83.  Section 5 of Senate Bill No. 52 of this session is hereby amended to read as follows:

    Sec. 5.  NRS 453.091 is hereby amended to read as follows:

    453.091  1.  “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.


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ê2001 Statutes of Nevada, Page 795 (Chapter 152, SB 91)ê

 

    2.  “Manufacture” does not include the preparation or compounding of a substance by a person for his own use or the preparation, compounding, packaging or labeling of a substance by a physician, physician assistant, dentist, podiatric physician , advanced practitioner of nursing or veterinarian:

    (a) As an incident to his administering or dispensing of a substance in the course of his professional practice; or

    (b) By his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.

    Sec. 84.  Section 6 of Senate Bill No. 52 of this session is hereby amended to read as follows:

    Sec. 6.  NRS 453.126 is hereby amended to read as follows:

    453.126  “Practitioner” means:

    1.  A physician, dentist, veterinarian or podiatric physician who holds a license to practice his profession in this state and is registered pursuant to this chapter.

    2.  An advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy authorizing him to dispense or to prescribe and dispense controlled substances.

    3.  A scientific investigator or a pharmacy, hospital or other institution licensed, registered or otherwise authorized in this state to distribute, dispense, conduct research with respect to, to administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.

    4.  A euthanasia technician who is licensed by the Nevada state board of veterinary medical examiners and registered pursuant to this chapter, while he possesses or administers sodium pentobarbital pursuant to his license and registration.

    5.  A physician assistant who:

    (a) Holds a license from the board of medical examiners; and

    (b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances under the supervision of a physician as required by chapter 630 of NRS.

    6.  An osteopathic physician’s assistant who:

    (a) Holds a certificate from the state board of osteopathic medicine; and

    (b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances under the supervision of an osteopathic physician as required by chapter 633 of NRS.

    7.  An optometrist who is certified by the Nevada state board of optometry to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288, when he prescribes or administers therapeutic pharmaceutical agents within the scope of his certification.

    Sec. 85.  Section 7 of Senate Bill No. 52 of this session is hereby amended to read as follows:

    Sec. 7.  NRS 453.128 is hereby amended to read as follows:

    453.128  1.  “Prescription” means:

    (a) An order given individually for the person for whom prescribed, directly from a physician, osteopathic physician’s assistant, physician assistant, dentist, podiatric physician, optometrist , advanced practitioner of nursing or veterinarian, or his agent, to a pharmacist or indirectly by means of an order signed by the practitioner or an electronic transmission from the practitioner to a pharmacist; or


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ê2001 Statutes of Nevada, Page 796 (Chapter 152, SB 91)ê

 

practitioner of nursing or veterinarian, or his agent, to a pharmacist or indirectly by means of an order signed by the practitioner or an electronic transmission from the practitioner to a pharmacist; or

    (b) A chart order written for an inpatient specifying drugs which he is to take home upon his discharge.

    2.  The term does not include a chart order written for an inpatient for use while he is an inpatient.

    Sec. 86.  Section 8 of Senate Bill No. 52 of this session is hereby amended to read as follows:

    Sec. 8.  NRS 453.226 is hereby amended to read as follows:

    453.226  1.  Every practitioner or other person who dispenses any controlled substance within this state or who proposes to engage in the dispensing of any controlled substance within this state shall obtain biennially a registration issued by the board in accordance with its regulations.

    2.  A person registered by the board in accordance with the provisions of NRS 453.011 to 453.552, inclusive, to dispense or conduct research with controlled substances may possess, dispense or conduct research with those substances to the extent authorized by the registration and in conformity with the other provisions of those sections.

    3.  The following persons are not required to register and may lawfully possess and distribute controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive:

    (a) An agent or employee of a registered dispenser of a controlled substance if he is acting in the usual course of his business or employment;

    (b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;

    (c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a physician, osteopathic physician’s assistant, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian or in lawful possession of a schedule V substance; or

    (d) A physician who:

       (1) Holds a locum tenens license issued by the board of medical examiners or a temporary license issued by the state board of osteopathic medicine; and

       (2) Is registered with the Drug Enforcement Administration at a location outside this state.

    4.  The board may waive the requirement for registration of certain dispensers if it finds it consistent with the public health and safety.

    5.  A separate registration is required at each principal place of business or professional practice where the applicant dispenses controlled substances.

    6.  The board may inspect the establishment of a registrant or applicant for registration in accordance with the board’s regulations.


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ê2001 Statutes of Nevada, Page 797 (Chapter 152, SB 91)ê

 

    Sec. 87.  Section 9 of Senate Bill No. 52 of this session is hereby amended to read as follows:

    Sec. 9.  NRS 453.336 is hereby amended to read as follows:

    453.336  1.  A person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, osteopathic physician’s assistant, physician assistant, dentist, podiatric physician, optometrist , advanced practitioner of nursing or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive.

    2.  Except as otherwise provided in subsections 3, 4 and 5 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:

    (a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.

    (b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

    (c) For the first offense, if the controlled substance is listed in schedule V, for a category E felony as provided in NRS 193.130.

    (d) For a second or subsequent offense, if the controlled substance is listed in schedule V, for a category D felony as provided in NRS 193.130.

    3.  Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

    4.  Unless a greater penalty is provided in NRS 212.160, a person who is less than 21 years of age and is convicted of the possession of less than 1 ounce of marijuana:

    (a) For the first and second offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    (b) For a third or subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

    5.  Before sentencing under the provisions of subsection 4 for a first offense, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176A.200. After the report is received but before sentence is pronounced the court shall:

    (a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and


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ê2001 Statutes of Nevada, Page 798 (Chapter 152, SB 91)ê

 

    (b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information.

    6.  As used in this section, “controlled substance” includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.

    Sec. 88.  Section 10 of Senate Bill No. 52 of this session is hereby amended to read as follows:

    Sec. 10.  NRS 453.371 is hereby amended to read as follows:

    453.371  As used in NRS 453.371 to 453.552, inclusive:

    1.  “Advanced practitioner of nursing” means a person who holds a certificate of recognition granted pursuant to NRS 632.237 and is registered with the board.

    2.  “Medical intern” means a medical graduate acting as an assistant in a hospital for the purpose of clinical training.

    [2.  “Physician,” “physician assistant,”]

    3.  “Pharmacist” means a person who holds a certificate of registration issued pursuant to NRS 639.127 and is registered with the board.

    4.  “Physician,” “dentist,” “podiatric physician,” [“veterinarian,” “pharmacist”] “veterinarian” and “euthanasia technician” mean persons authorized by a [valid] license to practice their respective professions in this state who are registered with the board.

    5.  “Physician assistant” means a person who is registered with the board and:

    (a) Holds a license issued pursuant to NRS 630.273; or

    (b) Holds a certificate issued pursuant to NRS 633.451.

    Sec. 89.  Section 12 of Senate Bill No. 52 of this session is hereby amended to read as follows:

    Sec. 12.  NRS 453.381 is hereby amended to read as follows:

    453.381  1.  In addition to the limitations imposed by NRS 453.256, a physician, physician assistant, dentist , advanced practitioner of nursing or podiatric physician may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself, his spouse or his children except in cases of emergency.

    2.  A veterinarian, in the course of his professional practice only, and not for use by a human being, may prescribe, possess and administer controlled substances, and he may cause them to be administered by a veterinary technician under his direction and supervision.

    3.  A euthanasia technician, within the scope of his license, and not for use by a human being, may possess and administer sodium pentobarbital.

    4.  A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the usual course of the professional practice of a physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian.


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ê2001 Statutes of Nevada, Page 799 (Chapter 152, SB 91)ê

 

    5.  Any person who has obtained from a physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian any controlled substance for administration to a patient during the absence of the physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian shall return to him any unused portion of the substance when it is no longer required by the patient.

    6.  A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of such a controlled substance to registrants.

    7.  A salesman of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.

    8.  A person shall not dispense a controlled substance in violation of a regulation adopted by the board.

    Sec. 90.  Section 13 of Senate Bill No. 52 of this session is hereby amended to read as follows:

    Sec. 13.  NRS 453.391 is hereby amended to read as follows:

    453.391  A person shall not:

    1.  Unlawfully take, obtain or attempt to take or obtain a controlled substance or a prescription for a controlled substance from a manufacturer, wholesaler, pharmacist, physician, physician assistant, dentist, advanced practitioner of nursing, veterinarian or any other person authorized to administer, dispense or possess controlled substances.

    2.  While undergoing treatment and being supplied with any controlled substance or a prescription for any controlled substance from one practitioner, knowingly obtain any controlled substance or a prescription for a controlled substance from another practitioner without disclosing this fact to the second practitioner.

    Sec. 91.  1.  NRS 630.272, 630.274, 640B.010, 640B.020, 640B.030, 640B.040, 640B.050, 640B.080, 640B.100, 640B.110 and 640B.150 are hereby repealed.

    2.  NRS 630.256 is hereby repealed.

    Sec. 92.  A person who, on July 1, 2001, holds a license as a physician’s assistant issued by the board of medical examiners shall be deemed to hold a license as a physician assistant until his license as a physician’s assistant is renewed as a license as a physician assistant, expires or is revoked, whichever occurs first.

    Sec. 93.  Notwithstanding the amendatory provisions of section 44 of this act to the contrary, a practitioner of respiratory care who, on July 1, 2001, is certified to practice respiratory care in this state pursuant to chapter 640B of NRS may continue to practice respiratory care in this state pursuant to the certification, but must obtain a license from the board of medical examiners before January 1, 2002. On and after January 1, 2002, a person shall not practice respiratory care in this state unless he holds a license issued by the board of medical examiners.

    Sec. 94.  1.  This section becomes effective upon passage and approval.

    2.  Sections 1 to 90, inclusive, subsection 1 of section 91 and sections 92, 93 and 95 of this act become effective upon passage and approval for the purpose of adopting regulations and taking such other actions as necessary to regulate practitioners of respiratory care, and on July 1, 2001, for all other purposes.


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ê2001 Statutes of Nevada, Page 800 (Chapter 152, SB 91)ê

 

regulate practitioners of respiratory care, and on July 1, 2001, for all other purposes.

    3.  Subsection 2 of section 91 of this act becomes effective at 12:01 a.m. on July 1, 2001.

    4.  The amendatory provisions of sections 8, 19, 24, 26 and 41 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

are repealed by the Congress of the United States.

    Sec. 95.  1.  Except as otherwise provided in subsection 2, the legislative counsel shall:

    (a) In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to physician’s assistant or any variation thereof, to physician assistant, or any appropriate variation thereof.

    (b) In preparing supplements to the Nevada Administrative Code, appropriately change any references to physician’s assistant or any variation thereof, to physician assistant, or any appropriate variation thereof.

    2.  The legislative counsel shall not, pursuant to subsection 1, change any references to osteopathic physician’s assistant or any variation thereof that appear in the Nevada Revised Statutes or the Nevada Administrative Code.

________

 

CHAPTER 153, AB 47

Assembly Bill No. 47–Committee on Commerce and Labor

 

CHAPTER 153

 

AN ACT relating to industrial insurance; requiring an employer to ensure that a copy of its policy of industrial insurance is available for inspection by certain state officials; requiring self-insured employers and associations of self-insured public or private employers to ensure that their certificates of qualification are available for inspection by certain state officials; revising the provisions governing notification by employers and private carriers of cancellations, issuances and other actions concerning policies of industrial insurance; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 616A.495 is hereby amended to read as follows:

    616A.495  1.  Each employer shall ensure that [:

    (a) A certificate of insurance provided pursuant to NRS 616B.026;

    (b) A certificate] a copy of his:

    (a) Policy of industrial insurance, including the declaration page, if the employer is insured by a private carrier;

    (b) Certificate issued by the commissioner pursuant to NRS 616B.312 [;] , if the employer is self-insured; or


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ê2001 Statutes of Nevada, Page 801 (Chapter 153, AB 47)ê

 

    (c) [A certificate issued to an association of self-insured public or private employers] Certificate issued by the commissioner pursuant to NRS 616B.359 and of a certificate or letter issued by [such an] the association of self-insured public or private employers verifying that the employer is a member in good standing of the association, [is posted in a conspicuous location] if the employer is a member of an association of self-insured public or private employers,

is available at all times for inspection by the administrator or his auditor or agent or an investigator of the attorney general at each of the employer’s places of business, [including, without limitation, each location at which the employer has directed one or more employees to perform work.] except that if such a place of business is situated in a temporary location and is intended to remain in the temporary location for not more than 1 year, the copy must be made available at that place of business within 24 hours after being requested by the administrator, auditor, agent or investigator.

    2.  An employer insured by a private carrier, self-insured employer or employer who is a member of an association of self-insured public or private employers who violates the provisions of subsection 1 is guilty of a misdemeanor.

    Sec. 2.  Chapter 616B of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  An employer who cancels a policy of industrial insurance issued to him by a private carrier shall notify the administrator in writing within 20 days after the cancellation, specifying the date on which the cancellation became effective, unless the employer’s subsequent insurer is a private carrier who has already notified the administrator pursuant to subsection 2 that it has issued a new policy to that employer. The notice must be served personally or sent by first-class mail or electronic transmission to the administrator. If the employer has secured insurance with another insurer that could cause double coverage, the date on which cancellation of the previous policy became effective must be the effective date of the new insurance.

    2.  A private carrier shall notify the administrator in writing within 15 days after the private carrier:

    (a) Issues a policy of industrial insurance.

    (b) Renews a policy of industrial insurance.

    (c) Reinstates a policy of industrial insurance that had been temporarily canceled.

    (d) Cancels or does not renew a policy of industrial insurance.

    3.  If the administrator believes that a private carrier has inaccurately reported the information required pursuant to subsection 2 and notifies the private carrier of the alleged inaccuracy, the private carrier shall within 30 calendar days after receiving the notification:

    (a) Investigate the alleged inaccuracy; and

    (b) Submit to the administrator accurate information or information proving that the previously submitted information was accurate.

    4.  During the period of investigation by the private carrier, the administrator may not impose any administrative fines, issue a notice of correction or take any other corrective action against the private carrier. If the private carrier is able to prove that the information originally submitted to the administrator or, if applicable, his designated agent, was accurate, the administrator may not impose any administrative fines, issue a notice of correction or take any other corrective action against the private carrier.


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ê2001 Statutes of Nevada, Page 802 (Chapter 153, AB 47)ê

 

of correction or take any other corrective action against the private carrier. As used in this subsection, “designated agent” means an agent who is authorized by the administrator to receive, compile and forward to the administrator the information required pursuant to subsection 2.

    Sec. 3.  NRS 616B.033 is hereby amended to read as follows:

    616B.033  1.  Every policy of insurance issued pursuant to chapters 616A to 617, inclusive, of NRS must contain a provision for the requirements of subsection 5 and a provision that insolvency or bankruptcy of the employer or his estate, or discharge therein, or any default of the employer does not relieve the insurer from liability for compensation resulting from an injury otherwise covered under the policy issued by the insurer.

    2.  No statement in an employer’s application for a policy of industrial insurance voids the policy as between the insurer and employer unless the statement is false and would have materially affected the acceptance of the risk if known by the insurer, but in no case does the invalidation of a policy as between the insurer and employer affect the insurer’s obligation to provide compensation to claimants arising before the cancellation of the policy. If the insurer is required pursuant to this subsection to provide compensation under an invalid policy, the insurer is subrogated to the claimant’s rights against the employer.

    3.  If an insurer [or employer] intends to cancel [or renew] a policy of insurance issued by the insurer pursuant to chapters 616A to 617, inclusive, of NRS, the insurer [or employer] must give notice to that effect in writing to the [administrator and to the other party] employer fixing the date on which it is proposed that the cancellation [or renewal] becomes effective [.] , which must be at least 30 days after the date on which the notice is personally delivered or mailed to the employer, except in the case of cancellation for failure to pay a premium when due. The notices must comply with the provisions of NRS 687B.310 to 687B.355, inclusive, and must be served personally on or sent by first-class mail or electronic transmission to the [administrator and the other party.] employer. If the employer has secured insurance with another insurer which would cause double coverage, the cancellation must be made effective as of the effective date of the other insurance.

    4.  As between any claimant and the insurer, no defense based on any act or omission of the insured employer, if different from the insurer, may be raised by the insurer.

    5.  For the purposes of chapters 616A to 617, inclusive, of NRS, as between the employee and the insurer:

    (a) Except as otherwise provided in NRS 616C.065, notice or knowledge of the injury to or by the employer is notice or knowledge to or by the insurer;

    (b) Jurisdiction over the employer is jurisdiction over the insurer; and

    (c) The insurer is bound by and subject to any judgments, findings of fact, conclusions of law, awards, decrees, orders or decisions rendered against the employer in the same manner and to the same extent as the employer.

    Sec. 4.  NRS 616B.224 is hereby amended to read as follows:

    616B.224  1.  Every private or public employer who is not a self-insured employer or a member of an association of self-insured public or private employers shall, at intervals and on or before dates established by his insurer, furnish the insurer with:


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ê2001 Statutes of Nevada, Page 803 (Chapter 153, AB 47)ê

 

    (a) A true and accurate payroll showing:

         (1) The total amount paid to employees for services performed;

         (2) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a) whose tips in cash totaled $20 or more; and

         (3) A segregation of employment in accordance with the requirements of the commissioner; and

    (b) Any premium due pursuant to the terms of the policy of industrial insurance.

The payroll reports and any premium may be furnished to the insurer on different dates, as established by the insurer.

    2.  The failure of any employer to comply with the provisions of this section operates as a rejection of chapters 616A to 616D, inclusive, and chapter 617 of NRS. The insurer shall , within the period specified in subsection 2 of section 2 of this act, notify the administrator of each such rejection [within the period specified in NRS 616B.460.] by notifying the administrator of its cancellation or decision not to renew the policy of that employer.

    3.  The insurer shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of chapters 616A to 616D, inclusive, and chapter 617 of NRS as otherwise provided in those chapters.

    4.  To the extent permitted by federal law, the insurer shall vigorously pursue the collection of premiums that are due under the provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS even if an employer’s debts have been discharged in a bankruptcy proceeding.

    Sec. 5.  NRS 616B.460 is hereby amended to read as follows:

    616B.460  1.  An employer may elect to purchase industrial insurance from a private carrier for his employees pursuant to chapters 616A to 617, inclusive, of NRS.

    2.  An employer [may] who cancels a policy of industrial insurance to elect to purchase insurance from an insurer other than his present insurer [if the employer has:

    (a) Given at least 10 days’ notice to the administrator of the change of insurer; and

    (b) Furnished evidence satisfactory to the administrator that the payment of compensation has otherwise been secured.

    3.  Each private carrier shall notify the administrator if an employer has changed his insurer or has allowed his insurance to lapse, within 15 days after the insurer has notice of the change or lapse.] shall comply with the reporting requirements of section 2 of this act.

    Sec. 6.  NRS 616B.026 is hereby repealed.

    Sec. 7.  The amendatory provisions of this act do not apply to offenses committed before July 1, 2001.

    Sec. 8.  This act becomes effective on July 1, 2001.

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ê2001 Statutes of Nevada, Page 804ê

 

CHAPTER 154, AB 105

Assembly Bill No. 105–Committee on Judiciary

 

CHAPTER 154

 

AN ACT relating to crimes; prohibiting possession of components for constructing an explosive or incendiary device with the intent to manufacture such a device; prohibiting possession of any explosive or incendiary device or material, substance or component that may be converted to such a device in certain places; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  A person shall not knowingly possess any component of an explosive or incendiary device with the intent to manufacture an explosive or incendiary device.

    2.  A person who violates subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

    3.  This section does not prohibit a person from possessing, manufacturing or using any material, component, substance or device as required for the performance of his duties related to mining, agriculture, construction or any other valid occupational purpose or if the person is authorized by a governmental entity which has lawful control over such matters to use those items in the performance of his duties.

      Sec. 3.  1.  Except as otherwise provided in subsection 3, a person shall not possess any explosive or incendiary device or any explosive or incendiary material, substance or component that may be readily converted to an explosive or incendiary device:

    (a) In or upon any public street or highway in this state;

    (b) In or near any private habitation, public place or any place open to the public; or

    (c) In, on or near any public conveyance.

    2.  A person who violates subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    3.  This section does not prohibit a person from possessing any material, component, substance or device:

    (a) As required for the performance of his duties related to mining, agriculture, construction or any other valid occupational purpose or if the person is authorized by a governmental entity which has lawful control over such matters to use those items in the performance of his duties;

    (b) In an amount which, if detonated or otherwise exploded, would not ordinarily cause substantial bodily harm to another person or substantial harm to the property of another; or

    (c) As part of a model rocket or engine for a model rocket that is designed, sold and used for the purpose of propelling a model rocket.


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ê2001 Statutes of Nevada, Page 805 (Chapter 154, AB 105)ê

 

    Sec. 4.  NRS 202.253 is hereby amended to read as follows:

    202.253  As used in NRS 202.253 to 202.369, inclusive [:] , and sections 2 and 3 of this act:

    1.  “Explosive or incendiary device” means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.

    2.  “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

    [2.] 3.  “Firearm capable of being concealed upon the person” applies to and includes all firearms having a barrel less than 12 inches in length.

    [3.] 4.  “Motor vehicle” means every vehicle that is self-propelled.

    Sec. 5.  NRS 202.260 is hereby amended to read as follows:

    202.260  1.  A person who unlawfully possesses, manufactures [,] or disposes of any explosive or incendiary device with the intent to destroy life or property is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

    2.  This section does not prohibit a person from possessing, manufacturing or using any material, component, substance or device as required for the performance of his duties related to mining, agriculture, construction or any other valid occupational purpose or if the person is authorized by a governmental entity which has lawful control over such matters to use those items in the performance of his duties.

    3.  For the purposes of this section [:

    (a) “Dispose] , “dispose of” means give, give away, loan, offer, offer for sale, sell or transfer.

    [(b) “Explosive or incendiary device” means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its intended use would cause destruction or injury to life or property.

    3.  Subsection 1 does not prohibit the manufacture, use, possession or disposal of any material, substance or device by those persons engaged in mining or any other lawful activity or who are authorized by governmental agencies, which have lawful control over such matters, to use such items in the performance of their duties.]

    Sec. 6.  NRS 202.263 is hereby amended to read as follows:

    202.263  1.  [Any person who manufactures, purchases, possesses, sells, advertises for sale or transports] A person shall not manufacture, purchase, possess, sell, advertise for sale or transport a hoax bomb [and knows or should have known that it] if the person knows or should know that the hoax bomb is to be used to make a reasonable person believe that [it] the hoax bomb is an explosive or incendiary device .

    2.  A person who violates subsection 1 is guilty of a gross misdemeanor.

    [2.  The provisions of subsection 1 do]

    3.  This section does not prohibit:

    (a) The purchase, possession, sale, advertising for sale, transportation or use of a military artifact, if the military artifact is harmless or inert, unless the military artifact is used to make a reasonable person believe that the military artifact is an explosive or incendiary device.


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ê2001 Statutes of Nevada, Page 806 (Chapter 154, AB 105)ê

 

    (b) The authorized manufacture, purchase, possession, sale, transportation or use of any material, substance or device by a member of the Armed Forces of the United States, a fire department or a law enforcement agency if the person is acting lawfully while in the line of duty.

    (c) The manufacture, purchase, possession, sale, transportation or use of any material, substance or device that is permitted by a specific statute.

    [3.] 4.  As used in this section [:

    (a) “Explosive or incendiary device” has the meaning ascribed to it in NRS 202.260.

    (b) “Hoax] , “hoax bomb” means:

         [(1)] (a) An inoperative facsimile or imitation of an explosive or incendiary device; or

         [(2)] (b) A device or object that appears to be or to contain an explosive or incendiary device.

    Sec. 7.  NRS 202.265 is hereby amended to read as follows:

    202.265  1.  Except as otherwise provided in this section, a person shall not carry or possess, while on the property of the University and Community College System of Nevada or a private or public school or while in a vehicle of a private or public school:

    (a) An explosive or incendiary device;

    (b) A dirk, dagger or switchblade knife;

    (c) A nunchaku or trefoil;

    (d) A blackjack or billy club or metal knuckles; or

    (e) A pistol, revolver or other firearm.

    2.  Any person who violates subsection 1 is guilty of a gross misdemeanor.

    3.  This section does not prohibit the possession of a weapon listed in subsection 1 on the property of a private or public school by a:

    (a) Peace officer;

    (b) School security guard; or

    (c) Person having written permission from the president of a branch or facility of the University and Community College System of Nevada or the principal of the school to carry or possess the weapon.

    4.  For the purposes of this section:

    (a) [“Explosive or incendiary device” has the meaning ascribed to it in NRS 202.260.

    (b)] “Firearm” includes:

         (1) Any device used to mark the clothing of a person with paint or any other substance; and

         (2) Any device from which a metallic projectile, including any ball bearing or pellet, may be expelled by means of spring, gas, air or other force.

    [(c)] (b) “Nunchaku” has the meaning ascribed to it in NRS 202.350.

    [(d)] (c) “Switchblade knife” has the meaning ascribed to it in NRS 202.350.

    [(e)] (d) “Trefoil” has the meaning ascribed to it in NRS 202.350.

    [(f)] (e) “Vehicle” has the meaning ascribed to it in NRS 484.148.

    Sec. 8.  NRS 62.172 is hereby amended to read as follows:

    62.172  1.  If a peace officer or probation officer has probable cause to believe that a child is committing or has committed an offense that involves the possession, use or threatened use of a firearm, the officer shall take the child into custody.


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ê2001 Statutes of Nevada, Page 807 (Chapter 154, AB 105)ê

 

    2.  If a child is taken into custody for an offense described in subsection 1, the child must not be released before a detention hearing is held pursuant to subsection 8 of NRS 62.170.

    3.  At a detention hearing held pursuant to subsection 8 of NRS 62.170 concerning a child who was taken into custody for an offense described in subsection 1, the judge or master shall determine whether to order the child to be evaluated by a qualified professional. If the judge or master orders a child to be evaluated by a qualified professional, the evaluation must be completed within 14 days after the detention hearing. Until the evaluation is completed, the child must be:

    (a) Detained at a facility for the detention of juveniles; or

    (b) Placed under a program of supervision in his home that may include electronic surveillance of the child.

    4.  If a child is evaluated by a qualified professional pursuant to subsection 3, the statements made by the child to the qualified professional during the evaluation and any evidence directly or indirectly derived from those statements may not be used for any purpose in a proceeding which is conducted to prove that the child committed a delinquent act or criminal offense. The provisions of this subsection do not prohibit the district attorney from proving that the child committed a delinquent act or criminal offense based upon evidence obtained from sources or by means that are independent of the statements made by the child to the qualified professional during the evaluation conducted pursuant to subsection 3.

    5.  As used in this section:

    (a) “Firearm” has the meaning ascribed to it in [subsection 1 of] NRS 202.253.

    (b) “Qualified professional” means:

         (1) A psychiatrist licensed to practice medicine in this state and certified by the American Board of Psychiatry and Neurology, Inc.;

         (2) A psychologist licensed to practice in this state;

         (3) A social worker holding a master’s degree in social work and licensed in this state as a clinical social worker;

         (4) A registered nurse holding a master’s degree in the field of psychiatric nursing and licensed to practice professional nursing in this state; or

         (5) A marriage and family therapist licensed in this state pursuant to chapter 641A of NRS.

    Sec. 9.  NRS 393.410 is hereby amended to read as follows:

    393.410  1.  It is unlawful for any person:

    (a) Willfully and maliciously to injure, mark or deface any public schoolhouse, its fixtures, books or appurtenances;

    (b) To commit any nuisance in any public schoolhouse;

    (c) To loiter on or near the school grounds; or

    (d) Purposely and maliciously to commit any trespass upon the grounds attached to a public schoolhouse, or any fixtures placed thereon, or any enclosure or sidewalk about the same.

    2.  Except as otherwise provided in subsection 3, any person violating any of the provisions of this section [shall be] is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged or destroyed and in no event less than a misdemeanor.


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ê2001 Statutes of Nevada, Page 808 (Chapter 154, AB 105)ê

 

    3.  Any person who is in possession of a dangerous weapon during his commission of a violation of paragraph (b), (c) or (d) of subsection 1 [shall be] is guilty of a gross misdemeanor.

    4.  As used in this section:

    (a) “Dangerous knife” means a knife having a blade that is 2 inches or more in length when measured from the tip of the knife which is customarily sharpened to the unsharpened extension of the blade which forms the hinge connecting the blade to the handle.

    (b) “Dangerous weapon” means:

         (1) An explosive or incendiary device;

         (2) A dirk, dagger, switchblade knife or dangerous knife;

         (3) A nunchaku or trefoil;

         (4) A blackjack or billy club or metal knuckles; or

         (5) A pistol, revolver or other firearm.

    (c) “Explosive or incendiary device” has the meaning ascribed to it in NRS [202.260.] 202.253.

    (d) “Nunchaku” has the meaning ascribed to it in NRS 202.350.

    (e) “Switchblade knife” has the meaning ascribed to it in NRS 202.350.

    (f) “Trefoil” has the meaning ascribed to it in NRS 202.350.

    Sec. 10.  The amendatory provisions of this act do not apply to offenses committed before July 1, 2001.

    Sec. 11.  This act becomes effective on July 1, 2001.

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CHAPTER 155, AB 128

Assembly Bill No. 128–Committee on Government Affairs

 

CHAPTER 155

 

AN ACT relating to public agencies; providing that an interlocal contract must be approved by the attorney general if an agency of this state is a party to the contract; providing that certain leases of offices for state officers and employees must be approved by the attorney general; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 277.180 is hereby amended to read as follows:

    277.180  1.  Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform. Such a contract must [be] :

    (a) Be ratified by appropriate official action of the governing body of each party to the contract as a condition precedent to its entry into force [. Such a contract must set] ;

    (b) Set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties [.] ; and

    (c) If an agency of this state is a party to the contract, be approved by the attorney general as to form and compliance with law.

    2.  The authorized purposes of agreements made pursuant to subsection 1 include, but are not limited to:


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ê2001 Statutes of Nevada, Page 809 (Chapter 155, AB 128)ê

 

    (a) The joint use of hospitals, road construction and repair equipment, and such other facilities or services as may and can be reasonably used for the promotion and protection of the health and welfare of the inhabitants of this state.

    (b) The joint use of county and city personnel, equipment and facilities, including sewer systems, drainage systems, street lighting systems, fire alarm systems, sewage disposal plants, playgrounds, parks and recreational facilities, and public buildings constructed by or under the supervision of the board of county commissioners or the city council of the county and city concerned, upon such terms and agreements, and within such areas within the county as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the counties and cities.

    (c) The joint employment of clerks, stenographers and other employees in the offices of the city and county auditor, city and county assessor, city and county treasurer, or any other joint city and county office existing or hereafter established in the several counties, upon such terms and conditions as may be determined for the equitable apportionment of the expenses of the joint city and county office.

    (d) The joint and cooperative use of fire-fighting and fire-protection equipment for the protection of property and the prevention and suppression of fire.

    (e) The joint use of county and city personnel, equipment and facilities, upon such terms and conditions, and within such areas within the county as may be determined, for the promotion and protection of the health of the inhabitants of the county and city through the regulation, control and prohibition of the excessive emission of dense smoke and air pollution.

    (f) The joint and cooperative use of law enforcement agencies.

    (g) The joint use or operation of a system of public transportation.

    3.  Each public agency which has entered into an agreement pursuant to this section shall annually at the time of preparing its budget include an estimate of the expenses necessary to carry out such agreement, the funds for which are not made available through grant, gift or other source, and provide for such expense as other items are provided in its budget. Each such public agency may furnish property, personnel or services as necessary to carry out the agreement.

    Sec. 2.  NRS 331.110 is hereby amended to read as follows:

    331.110  The chief may lease and equip office rooms outside of state buildings for the use of state officers and employees, whenever sufficient space for the officers and employees cannot be provided within state buildings, but no such lease may extend beyond the term of 1 year unless it is reviewed and approved by a majority of the members of the state board of examiners. The attorney general shall approve each lease entered into pursuant to this section as to form and compliance with law.

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ê2001 Statutes of Nevada, Page 810ê

 

CHAPTER 156, AB 154

Assembly Bill No. 154–Committee on Commerce and Labor

 

CHAPTER 156

 

AN ACT relating to business practices; requiring the certificate that a person who conducts business in this state under an assumed or fictitious name is required to file with the county clerk to be notarized; providing for the renewal of such a certificate; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 602 of NRS is hereby amended by adding thereto a new section to read as follows: 

    1.  The board of county commissioners of a county may provide, by ordinance, that a certificate filed with the county clerk pursuant to NRS 602.010 expires 5 years after it is filed.

    2.  If such an ordinance is adopted, on or before the expiration of the certificate, the person doing business in the county under an assumed or fictitious name that does not indicate the real name of each person who owns an interest in the business must file a renewal certificate containing the information required by NRS 602.020 with the county clerk.

    3.  A renewal certificate filed pursuant to this section:

    (a) Expires 5 years after it is filed with the county clerk.

    (b) Must include a statement indicating that the renewal certificate expires 5 years after the date on which it is filed with the county clerk.

    4.  Upon the adoption of such an ordinance, the county clerk shall cause to be published in a newspaper of general circulation in the county notice that those persons who have filed certificates in the county pursuant to NRS 602.010 are required to renew those certificates pursuant to the provisions of this section.

    Sec. 2.  NRS 602.010 is hereby amended to read as follows:

    602.010  1.  Every person doing business in this state under an assumed or fictitious name which does not [show] indicate the real name of each person who owns an interest in the business [,] must file with the county clerk of each county in which the business is being conducted [,] a certificate containing the information required by NRS 602.020.

    2.  A person intending to conduct a business under an assumed or fictitious name may, before initiating the conduct of the business, file a certificate with the county clerk of each county in which the business is intended to be conducted.

    3.  If the board of county commissioners of a county has adopted an ordinance pursuant to section 1 of this act, a certificate filed pursuant to this section expires 5 years after it is filed with the county clerk.

    Sec. 3.  NRS 602.020 is hereby amended to read as follows:

    602.020  1.  [The] A certificate filed pursuant to NRS 602.010 or a renewal certificate filed pursuant to section 1 of this act must state the assumed or fictitious name under which the business is being conducted or is intended to be conducted, and if conducted by:

    (a) A natural person [, his] :


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ê2001 Statutes of Nevada, Page 811 (Chapter 156, AB 154)ê

 

         (1) His full name [and] ;

         (2) The street address [, either] of his residence or business; and

         (3) If the mailing address is different from the street address, the mailing address of his residence or business;

    (b) An artificial person required to make annual filings with the secretary of state to retain its good standing, its name as it appears in the records of the secretary of state;

    (c) A general partnership [, the] :

         (1) The full name [and] of each partner who is a natural person;

         (2) The street address [, either] of the residence or business of each partner who is a natural person;

         (3) If the mailing address is different from the street address, the mailing address of the residence or business [,] of each partner who is a natural person [, and if] ; and

         (4) If one or more of the partners is an artificial person described in [subsection] paragraph (b), the information required by [subsection] paragraph (b) for each such partner; or

    (d) A trust [, the] :

         (1) The full name [and] of each trustee of the trust;

         (2) The street address [, either] of the residence or business of each trustee of the trust; and

         (3) If the mailing address is different from the street address, the mailing address of the residence or business [,] of each trustee of the trust.

    2.  The certificate must be : [signed:]

    (a) Signed:

         (1) In the case of a natural person, by him;

    [(b)] (2) In the case of an artificial person required to make annual filings with the secretary of state to retain its good standing, by a person required to sign the annual filing;

    [(c)] (3) In the case of a general partnership, by each of the partners who is a natural person, and if one or more of the partners is an artificial person described in [subsection (b),] subparagraph (2), by an officer of the corporation or [an authorized representative of the artificial person; or

    (d)] a person required to sign the annual filing; or

         (4) In the case of a trust, by each of the trustees [.] ; and

    (b) Notarized.

    Sec. 4.  NRS 602.055 is hereby amended to read as follows:

    602.055  1.  Any person who has filed a certificate may, upon the termination of the business or his ownership in it, file with the county clerk where the certificate is on file a certificate of termination stating that the person who filed the certificate has terminated the business being conducted under the assumed or fictitious name or his ownership in it and the date of the termination.

    2.  The certificate of termination must be notarized and signed in the same manner as required by NRS 602.020, except that it is sufficient if signed in the case of a general partnership by only one partner or in the case of a trust by only one trustee.

    3.  Upon the filing of a certificate of termination, the county clerk shall note the termination in the book or other suitable index required by NRS 602.050.


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ê2001 Statutes of Nevada, Page 812 (Chapter 156, AB 154)ê

 

    Sec. 5.  NRS 602.080 is hereby amended to read as follows:

    602.080  [1.  Partnerships which were engaged in business before March 20, 1923, and which had complied with the provisions of chapter 40, Statutes of Nevada 1887, are not required to comply with the provisions of this chapter except as to subsequent changes in membership of the partnerships.

    2.]  Limited partnerships formed and foreign limited partnerships registered pursuant to chapter 88 of NRS are not required to comply with the provisions of this chapter.

    Sec. 6.  NRS 369.190 is hereby amended to read as follows:

    369.190  1.  An application for any of the licenses described in NRS 369.180 must be made to the board of county commissioners of the county in which the applicant maintains his principal place of business.

    2.  Each application must:

    (a) Be made on such form as the department prescribes.

    (b) Include the name and address of the applicant. If the applicant is:

         (1) A partnership, the application must include the names and addresses of all partners.

         (2) A corporation, association or other organization, the application must include the names and addresses of the president, vice president, secretary and managing officer or officers.

         (3) A person carrying on or transacting business in this state under an assumed or fictitious name, the person making the application [shall attach thereto:]

must attach to the application:

             (I) A certified copy of the certificate required by NRS 602.010 [.] or any renewal certificate required by section 1 of this act.

             (II) A certificate signed by an officer of the corporation or by each person interested in, or conducting or carrying on such business, or intending so to do, and acknowledged before a person authorized to take acknowledgments of conveyances of real property, indicating the name of the authorized representative whose signature may be required on the license under the provisions of this chapter.

    (c) Specify the location, by street and number, of the premises for which the license is sought.

    (d) Be accompanied by the annual license fee required for the particular license for which application is made.

    3.  The board of county commissioners shall examine all applications filed with it, and [in addition thereto] shall require satisfactory evidence that the applicant is a person of good moral character.

    Sec. 7.  NRS 370.100 is hereby amended to read as follows:

    370.100  An application for a cigarette dealer’s license [shall:] must:

    1.  Be made to the department on forms prescribed by the department.

    2.  Include the name and address of the applicant. If the applicant is a partnership, the application [shall] must include the names and addresses of all partners. If the applicant is a corporation, association or other organization, the application [shall] must include the names and addresses of the president, vice president, secretary and managing officer or officers.

    3.  Specify the location, by street and number, of the premises for which the license is sought.

    4.  Be accompanied by the required license fee.


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ê2001 Statutes of Nevada, Page 813 (Chapter 156, AB 154)ê

 

    5.  Be accompanied by a certified copy of the certificate required by NRS 602.010 [.] or any renewal certificate required by section 1 of this act.

    Sec. 8.  NRS 683A.240 is hereby amended to read as follows:

    683A.240  1.  [Every] An unincorporated licensee or unincorporated applicant for a license under this chapter who desires to use a name other than its true name as [shown] indicated on its license [shall] must file with the commissioner a certified copy of the entry of the county clerk and of the certificate or any renewal certificate filed under chapter 602 of NRS. [Every] An incorporated licensee and incorporated applicant must file with the commissioner in writing the corporation’s true name and [also all] the fictitious names under which it conducts or intends to conduct business. After licensing, [every such] each licensee shall file promptly with the commissioner written notice of any change in or discontinuance of the use of any such name.

    2.  The commissioner may in writing disapprove the use of any true name, other than the bona fide natural name of an individual applicant or licensee, or any fictitious name used or proposed to be used by any applicant or licensee, on any of the following grounds:

    (a) The name interferes with or is deceptively similar to a name already filed and in use by another licensee.

    (b) Use of the name may mislead the public in any respect.

    (c) The name states or implies that the licensee or applicant is an insurer, motor club, hospital service plan or is entitled to engage in insurance activities not [permitted] authorized under licenses which it holds or has applied for.

    (d) The name states or implies that the licensee is an underwriter. [This paragraph does not prevent an] The provisions of this paragraph do not prohibit:

         (1) An individual life agent licensee or [an] individual life insurance broker licensee from describing himself as an underwriter [,] or from using the designation “chartered life underwriter” if he is entitled [thereto, or prevent a] to use that designation;

         (2) A natural person who is a property and casualty licensee from using the designation “chartered property and casualty underwriter” if he is entitled [thereto, or prevent an] to use that designation; or

         (3) An insurance agent or broker trade association from using a name containing “underwriter.”

    (e) The licensee has already filed and not discontinued use of more than two names, including the true name.

    3.  A licensee shall not use a name after written notice from the commissioner that its use is contrary to this section. If the commissioner determines that [such] the use of the name is justified by mitigating circumstances, he may in writing [permit] authorize the use of the name to continue for a specified reasonable period upon conditions imposed by him for the protection of the public consistent with the purposes of this section.

    4.  Paragraphs (a), (c) and (d) of subsection 2 do not apply to the true name of any organization which on July 1, 1965, held under [such] that name any type of license similar to those provided for under this chapter, or to any fictitious name in use on July 1, 1965, by any natural person or organization holding any type of license similar to those provided for under this chapter, if the fictitious name was filed with the commissioner on or before July 1, 1965.


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ê2001 Statutes of Nevada, Page 814 (Chapter 156, AB 154)ê

 

    Sec. 9.  NRS 686A.370 is hereby amended to read as follows:

    686A.370  1.  [Every] An unincorporated licensee or unincorporated applicant for a license who desires the issuance of a license under a fictitious name [shall] must file with the commissioner a certified copy of the entry in the county clerk’s register and of the certificate or any renewal certificate filed pursuant to chapter 602 of NRS. [Every] An incorporated licensee and incorporated applicant [shall] must file with the commissioner in writing the corporation’s true name and [also all] the fictitious names under which it conducts or intends to conduct business in this state. After licensing, [every] each licensee shall file promptly with the commissioner written notice of any change in or discontinuance of any fictitious name.

    2.  The commissioner may in writing disapprove the use of any true name, other than the bona fide natural name of a natural person, or any fictitious name used or proposed to be used by any applicant or licensee, on any of the following grounds:

    (a) The name interferes with or is deceptively similar to a name already filed and in use by another licensee;

    (b) Use of the name may mislead the public in any respect; or

    (c) The name states or implies that the licensee or applicant is an insurer or is entitled to engage in insurance activities not [permitted] authorized under the licenses which he holds or for which he has applied.

    Sec. 10.  NRS 602.015 is hereby repealed.

    Sec. 11.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 157, AB 173

Assembly Bill No. 173–Assemblymen Nolan, Chowning, de Braga, Freeman, Dini, Anderson, Angle, Arberry, Bache, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Claborn, Giunchigliani, Hettrick, Koivisto, Leslie, Manendo, Marvel, Oceguera, Parks, Price, Smith, Tiffany, Von Tobel and Williams

 

CHAPTER 157

 

AN ACT relating to emergency medical services; expanding the circumstances under which treatment may be withheld from a patient in a terminal condition who wishes not to be resuscitated in the event of cardiac or respiratory arrest; authorizing the parent or legal guardian of a minor to obtain a do-not-resuscitate identification on behalf of the minor under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 450B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

    Sec. 2.  “Attending physician” has the meaning ascribed to it in NRS 449.550.

    Sec. 3.  “Terminal condition” has the meaning ascribed to it in NRS 449.590.

    Sec. 4.  The board may enter into an agreement for the manufacture of a bracelet or medallion to be worn by a qualified patient which indicates that the qualified patient has been issued a do-not-resuscitate identification.


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ê2001 Statutes of Nevada, Page 815 (Chapter 157, AB 173)ê

 

identification. Such a bracelet or medallion may be issued to a qualified patient in addition to, and not in lieu of, the do-not-resuscitate identification.

    Sec. 5.  1.  A parent or legal guardian of a minor may apply to the health authority for a do-not-resuscitate identification on behalf of the minor if the minor has been:

    (a) Determined by his attending physician to be in a terminal condition; and

    (b) Issued a do-not-resuscitate order pursuant to NRS 450B.510.

    2.  To obtain such a do-not-resuscitate identification, the parent or legal guardian must:

    (a) Submit an application on a form provided by the health authority; and

    (b) Comply with the requirements prescribed by the board.

    3.  An application submitted pursuant to subsection 2 must include, without limitation:

    (a) Certification by the minor’s attending physician that the minor:

         (1) Suffers from a terminal condition; and

         (2) Has been issued a do-not resuscitate order pursuant to NRS 450B.510;

    (b) A statement that the parent or legal guardian of the minor does not wish that life-resuscitating treatment be undertaken in the event of a cardiac or respiratory arrest;

    (c) The name of the minor;

    (d) The name, signature and telephone number of the minor’s attending physician; and

    (e) The name, signature and telephone number of the minor’s parent or legal guardian.

    4.  The parent or legal guardian of the minor may revoke the authorization to withhold life-resuscitating treatment by removing or destroying or requesting the removal or destruction of the identification or otherwise indicating to a person that he wishes to have the identification removed or destroyed.

    5.  If, in the opinion of the attending physician, the minor is of sufficient maturity to understand the nature and effect of withholding life-resuscitating treatment:

    (a) The do-not-resuscitate identification obtained pursuant to this section is not effective without the assent of the minor.

    (b) The minor may revoke the authorization to withhold life-resuscitating treatment by removing or destroying or requesting the removal or destruction of the identification or otherwise indicating to a person that he wishes to have the identification removed or destroyed.

    Sec. 6.  NRS 450B.400 is hereby amended to read as follows:

    450B.400  As used in NRS 450B.400 to 450B.590, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 450B.410 to 450B.470, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.

    Sec. 7.  NRS 450B.470 is hereby amended to read as follows:

    450B.470  “Qualified patient” [has the meaning ascribed to it in NRS 449.585.] means:


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ê2001 Statutes of Nevada, Page 816 (Chapter 157, AB 173)ê

 

    1.  A patient 18 years of age or older who has been determined by his attending physician to be in a terminal condition and who:

    (a) Has executed a declaration in accordance with the requirements of NRS 449.600; or

    (b) Has been issued a do-not-resuscitate order pursuant to NRS 450B.510.

    2.  A patient who is less than 18 years of age and who:

    (a) Has been determined by his attending physician to be in a terminal condition; and

    (b) Has been issued a do-not-resuscitate order pursuant to NRS 450B.510.

    Sec. 8.  NRS 450B.480 is hereby amended to read as follows:

    450B.480  The provisions of NRS 450B.400 to 450B.590, inclusive, and sections 2 to 5, inclusive, of this act, apply only to emergency medical services administered to a qualified patient [before] :

    1.  Before he is admitted to a medical facility [.] ; or

    2.  While the qualified patient is being prepared to be transferred, or is being transferred, from one health care facility to another health care facility.

    Sec. 9.  NRS 450B.490 is hereby amended to read as follows:

    450B.490  1.  The board shall adopt regulations to carry out the provisions of NRS 450B.400 to 450B.590, inclusive [.] , and sections 2 to 5, inclusive, of this act. The regulations must establish:

    (a) A do-not-resuscitate protocol; and

    (b) The procedure to apply for a do-not-resuscitate identification.

    2.  The board may establish a fee for [a] :

    (a) A do-not-resuscitate identification to be collected by the health authority. The fee may not exceed the actual cost to the health authority of:

    [(a)] (1) Manufacturing or obtaining the identification from a manufacturer, including the cost of shipping and handling; and

    [(b)] (2) Engraving the identification.

    (b) The issuance of a bracelet or medallion which indicates that a do-not-resuscitate identification has been issued to a qualified patient.

    3.  In the case of a county or district board of health, such regulations take effect immediately upon approval by the state board of health.

    Sec. 10.  NRS 450B.510 is hereby amended to read as follows:

    450B.510  1.  A physician licensed in this state may issue a written do-not-resuscitate order only to a [qualified patient.

    2.   The] patient who has been determined to be in a terminal condition.

    2.  Except as otherwise provided in subsection 3, the order is effective only if the patient has agreed to its terms, in writing, while he is capable of making an informed decision.

    3.  If the patient is a minor, the order is effective only if:

    (a) The parent or legal guardian of the minor has agreed to its terms, in writing; and

    (b) The minor has agreed to its terms, in writing, while he is capable of making an informed decision if, in the opinion of the attending physician, the minor is of sufficient maturity to understand the nature and effect of withholding life-resuscitating treatment.

    4.  A physician who issues a do-not-resuscitate order may apply, on behalf of the patient, to the health authority for a do-not-resuscitate identification for that patient.


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ê2001 Statutes of Nevada, Page 817 (Chapter 157, AB 173)ê

 

    Sec. 11.  NRS 450B.520 is hereby amended to read as follows:

    450B.520  Except as otherwise provided in section 5 of this act:

    1.  A qualified patient may apply to the health authority for a do-not-resuscitate identification by submitting an application on a form provided by the health authority. To obtain a do-not-resuscitate identification, the patient must comply with the requirements prescribed by the board and sign a form which states that he has informed each member of his family within the first degree of consanguinity or affinity, whose whereabouts are known to him, or if no such members are living, his legal guardian, if any, or if he has no such members living and has no legal guardian, his caretaker, if any, of his decision to apply for an identification.

    2.  An application must include, without limitation:

    (a) Certification by the patient’s attending physician that the patient suffers from a terminal condition;

    (b)  Certification by the patient’s attending physician that the patient [:

         (1) Is] is capable of making an informed decision [; or

         (2) When] or, when he was capable of making an informed decision [,] :

         (1) He executed:

             (I) A written directive that life-resuscitating treatment be withheld under certain circumstances; or

             (II) A durable power of attorney for health care pursuant to NRS 449.800 to 449.860, inclusive; or

         (2) He was issued a do-not-resuscitate order pursuant to NRS 450B.510;

    (c) A statement that the patient does not wish that life-resuscitating treatment be undertaken in the event of a cardiac or respiratory arrest;

    (d) The name, signature and telephone number of the patient’s attending physician; and

    (e) The name and signature of the patient or the attorney in fact who is authorized to make health care decisions on the patient’s behalf pursuant to a durable power of attorney for health care.

    Sec. 12.  NRS 450B.530 is hereby amended to read as follows:

    450B.530  [A] Except as otherwise provided in section 5 of this act, a qualified patient who possesses a do-not-resuscitate identification may revoke his authorization to withhold life-resuscitating treatment by removing or destroying or requesting the removal or destruction of his identification or otherwise indicating to a person that he wishes to have his identification removed or destroyed.

    Sec. 13.  NRS 450B.540 is hereby amended to read as follows:

    450B.540  1.  A person is not guilty of unprofessional conduct or subject to civil or criminal liability if he:

    (a) Is a physician who [causes] :

         (1) Causes the withholding of life-resuscitating treatment from a qualified patient who possesses a do-not-resuscitate identification in accordance with the do-not-resuscitate protocol; or

         (2) While the patient is being prepared to be transferred, or is being transferred, from one health care facility to another health care facility, carries out a do-not-resuscitate order that is documented in the medical record of a qualified patient, in accordance with the do-not-resuscitate protocol;


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ê2001 Statutes of Nevada, Page 818 (Chapter 157, AB 173)ê

 

    (b) Pursuant to the direction of or with the authorization of a physician, participates in [the] :

         (1) The withholding of life-resuscitating treatment from a qualified patient who possesses a do-not-resuscitate identification in accordance with the do-not-resuscitate protocol; or

         (2) While the patient is being prepared to be transferred, or is being transferred, from one health care facility to another health care facility, carrying out a do-not-resuscitate order that is documented in the medical record of a qualified patient, in accordance with the do-not-resuscitate protocol; or

    (c) Administers emergency medical services and [causes] :

         (1) Causes or participates in the withholding of life-resuscitating treatment from a qualified patient who possesses a do-not-resuscitate identification [or carries] ;

         (2) Before a qualified patient is admitted to a medical facility, carries out a do-not-resuscitate order that has been issued in accordance with the do-not-resuscitate protocol [.] ; or

         (3) While the patient is being prepared to be transferred, or is being transferred, from one health care facility to another health care facility, carries out a do-not-resuscitate order that is documented in the medical record of a qualified patient, in accordance with the do-not-resuscitate protocol.

    2.  A health care facility, ambulance service or fire-fighting agency that employs a person described in subsection 1 is not guilty of unprofessional conduct or subject to civil or criminal liability for the acts or omissions of the employee carried out in accordance with the provisions of subsection 1.

    3.  A physician, a person pursuant to the direction or authorization of a physician, a health care facility or a person administering emergency medical services who provides life-resuscitating treatment pursuant to:

    (a) An oral or written request made by a qualified patient [who possesses a do-not-resuscitate identification;] , or the parent or legal guardian of a qualified patient, who may revoke the authorization to withhold life-resuscitating treatment pursuant to NRS 450B.530 or section 5 of this act; or

    (b) An observation that a qualified patient [has removed or destroyed or requested the removal or destruction of his do-not-resuscitate identification or otherwise indicated that he wished to have his identification removed or destroyed,] , or the parent or legal guardian of a qualified patient, has revoked or otherwise indicated that he wishes to revoke the authorization to withhold life-resuscitating treatment pursuant to NRS 450B.530 or section 5 of this act,

is not guilty of unprofessional conduct or subject to civil or criminal liability.

    Sec. 14.  NRS 450B.550 is hereby amended to read as follows:

    450B.550  1.  Except as otherwise provided in subsection 2, a person who administers emergency medical services shall comply with do-not-resuscitate protocol when he observes a do-not-resuscitate identification [.] or carries out a do-not-resuscitate order.

    2.  A person who administers emergency medical services and who is unwilling or unable to comply with the do-not-resuscitate protocol shall take all reasonable measures to transfer a qualified patient who possesses a do-not-resuscitate identification or has been issued a do-not-resuscitate order to a physician or health care facility in which the do-not-resuscitate protocol may be followed.


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ê2001 Statutes of Nevada, Page 819 (Chapter 157, AB 173)ê

 

to a physician or health care facility in which the do-not-resuscitate protocol may be followed.

    Sec. 15.  NRS 450B.560 is hereby amended to read as follows:

    450B.560  1.  Unless he has knowledge to the contrary, a physician, any other provider of health care or any person who administers emergency medical services may assume that a do-not-resuscitate identification complies with the provisions of NRS 450B.400 to 450B.590, inclusive, and sections 2 to 5, inclusive, of this act, and is valid.

    2.  The provisions of NRS 450B.400 to 450B.590, inclusive, and sections 2 to 5, inclusive, of this act, do not create a presumption concerning the intention of a:

    (a) Qualified patient or a parent or legal guardian of a qualified patient who has revoked [his] authorization to withhold life-resuscitating treatment [;] pursuant to NRS 450B.530 or section 5 of this act; or

    (b) Person who has not obtained a do-not-resuscitate identification,

concerning the use or withholding of life-resuscitating treatment in a life-threatening emergency.

    Sec. 16.  NRS 450B.570 is hereby amended to read as follows:

    450B.570  1.  Death that results when life-resuscitating treatment has been withheld pursuant to the do-not-resuscitate protocol and in accordance with the provisions of NRS 450B.400 to 450B.590, inclusive, and sections 2 to 5, inclusive, of this act, does not constitute a suicide or homicide.

    2.  The possession of a do-not-resuscitate identification or the issuance of a do-not-resuscitate order does not affect the sale, procurement or issuance of a policy of life insurance or an annuity or impair or modify the terms of a policy of life insurance or an annuity. A policy of life insurance or an annuity is not legally impaired or invalidated if life-resuscitating treatment has been withheld from an insured who possesses a do-not-resuscitate identification [,] or has been issued a do-not-resuscitate order, notwithstanding any term in the policy or annuity to the contrary.

    3.  A person may not prohibit or require the possession of a do-not-resuscitate identification or the issuance of a do-not-resuscitate order as a condition of being insured for, or receiving, health care.

    Sec. 17.  NRS 450B.580 is hereby amended to read as follows:

    450B.580  1.  It is unlawful for:

    (a) A person who administers emergency medical services to fail willfully to transfer a qualified patient in accordance with the provisions of NRS 450B.550.

    (b) A person purposely to conceal, cancel, deface or obliterate a do-not-resuscitate identification of a qualified patient, unless it is done in compliance with [the] a request of the qualified patient or a parent or legal guardian of the qualified patient to remove or destroy [his] the do-not-resuscitate identification [.] pursuant to NRS 450B.530 or section 5 of this act.

    (c) A person to falsify or forge the do-not-resuscitate identification of a qualified patient or purposely to conceal or withhold personal knowledge of the revocation of a do-not-resuscitate identification with the intent to cause the use, withholding or withdrawal of life-resuscitating treatment.

    2.  A person who violates any of the provisions of this section is guilty of a misdemeanor.


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ê2001 Statutes of Nevada, Page 820 (Chapter 157, AB 173)ê

 

    Sec. 18.  NRS 129.030 is hereby amended to read as follows:

    129.030  1.  [A] Except as otherwise provided in section 5 of this act, a minor may give consent for the services provided in subsection 2 for himself or for his child, if he is:

    (a) Living apart from his parents or legal guardian, with or without the consent of the parent, parents or legal guardian, and has so lived for a period of at least 4 months;

    (b) Married or has been married;

    (c) A mother, or has borne a child; or

    (d) In a physician’s judgment, in danger of suffering a serious health hazard if health care services are not provided.

    2.  Except as otherwise provided in subsection 4 [,] and section 5 of this act, the consent of the parent or parents or the legal guardian of a minor is not necessary for a local or state health officer, board of health, licensed physician or public or private hospital to examine or provide treatment for any minor, included within the provisions of subsection 1, who understands the nature and purpose of the proposed examination or treatment and its probable outcome, and voluntarily requests it. The consent of the minor to examination or treatment pursuant to this subsection is not subject to disaffirmance because of minority.

    3.  A person who treats a minor pursuant to subsection 2 shall, before initiating treatment, make prudent and reasonable efforts to obtain his consent to communicate with his parent, parents or legal guardian, and shall make a note of such efforts in the record of his care. If the person believes that such efforts would jeopardize treatment necessary to the minor’s life or necessary to avoid a serious and immediate threat to the minor’s health, the person may omit such efforts and note the reasons for the omission in the record.

    4.  A minor may not consent to his sterilization.

    5.  In the absence of negligence, no person providing services pursuant to subsection 2 is subject to civil or criminal liability for providing those services.

    6.  The parent, parents or legal guardian of a minor who receives services pursuant to subsection 2 are not liable for the payment for those services unless the parent, parents or legal guardian has consented to such health care services. The provisions of this subsection do not relieve a parent, parents or legal guardian from liability for payment for emergency services provided to a minor pursuant to NRS 129.040.

    Sec. 19.  NRS 129.050 is hereby amended to read as follows:

    129.050  1.  [Any] Except as otherwise provided in section 5 of this act, any minor who is under the influence of, or suspected of being under the influence of, a controlled substance:

    (a) May give express consent; or

    (b) If unable to give express consent, shall be deemed to consent,

to the furnishing of hospital, medical, surgical or other care for the treatment of abuse of drugs or related illnesses by any public or private hospital, medical facility, facility for the dependent or any licensed physician, and the consent of the minor is not subject to disaffirmance because of minority.

    2.  Immunity from civil or criminal liability extends to any physician or other person rendering care or treatment pursuant to subsection 1, in the absence of negligent diagnosis, care or treatment.


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ê2001 Statutes of Nevada, Page 821 (Chapter 157, AB 173)ê

 

    3.  The consent of the parent, parents or [the] legal guardian of the minor is not necessary to authorize such care, but any physician who treats a minor pursuant to this section shall make every reasonable effort to report the fact of treatment to the parent , [or] parents or legal guardian within a reasonable time after treatment.

    Sec. 20.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 158, AB 210

Assembly Bill No. 210–Committee on Transportation

 

CHAPTER 158

 

AN ACT relating to airports; increasing the authorized term for the lease of county property for use as an airport, airport facility or airport service; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 495.040 is hereby amended to read as follows:

    495.040  1.  The boards of county commissioners of the respective counties of [the] this state may lease real and personal property of their county for use and occupancy as airports, airport facilities or airport service, to whom and upon such conditions and terms as they deem proper, for a term or terms not exceeding [50] 99 years.

    2.  Before entering into any agreement for the lease of property as set forth in subsection 1, the board of county commissioners shall publish notice of its intention in a newspaper of general circulation published within the county at least once a week for 21 days or three times during a period of 10 days. If there is not a newspaper of general circulation within the county, the board shall post a notice of its intention in a public place at least once a week for 30 days. The notice must specify that a regular meeting is to be held, at which meeting any interested person may appear. No such lease or agreement may be entered into by the board until after the notice has been given and a meeting held as provided in this subsection.

________

 


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ê2001 Statutes of Nevada, Page 822ê

 

CHAPTER 159, AB 243

Assembly Bill No. 243–Assemblymen Dini, de Braga, Marvel, Carpenter, Neighbors, Goldwater and Hettrick

 

CHAPTER 159

 

AN ACT relating to taxation; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to provide an exemption from the tax for farm machinery and equipment; providing such an exemption from certain analogous taxes; clarifying the provisions governing the administration of the existing exemption from the Sales and Use Tax Act of 1955 and certain analogous taxes for property shipped out of state; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  At the general election on November 5, 2002, a proposal must be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.

    Sec. 2.  At the time and in the manner provided by law, the secretary of state shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.

    Sec. 3.  The proclamation and notice to the voters given by the county clerks pursuant to law must be in substantially the following form:

    Notice is hereby given that at the general election on November 5, 2002, a question will appear on the ballot for the adoption or rejection by the registered voters of the state of the following proposed act:

AN ACT to amend an act entitled “An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto.” approved March 29, 1955, as amended.

 

THE PEOPLE OF THE STATE OF NEVADA

DO ENACT AS FOLLOWS:

 

    Section 1.  The above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 762, is hereby amended by adding thereto a new section to be designated as section 55.5, immediately following section 55, to read as follows:

       Sec. 55.5.  1.  There are exempted from the taxes imposed by this act the gross receipts from the sale of, and the storage, use or other consumption in a county of, farm machinery and equipment employed for the agricultural use of real property.

         2.  As used in this section:

         (a) “Agricultural use” has the meaning ascribed to it in NRS 361A.030.

         (b) “Farm machinery and equipment” means a farm tractor, implement of husbandry, piece of equipment used for irrigation, or a part used in the repair or maintenance of farm machinery and equipment.


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ê2001 Statutes of Nevada, Page 823 (Chapter 159, AB 243)ê

 

a part used in the repair or maintenance of farm machinery and equipment. The term does not include:

             (1) A vehicle required to be registered pursuant to the provisions of chapter 482 or 706 of NRS; or

             (2) Machinery or equipment only incidentally employed for the agricultural use of real property.

         (c) “Farm tractor” means a motor vehicle designed and used primarily for drawing an implement of husbandry.

         (d) “Implement of husbandry” means a vehicle that is designed, adapted or used for agricultural purposes, including, without limitation, a plow, machine for mowing, hay baler, combine, piece of equipment used to stack hay, till, harvest, handle agricultural commodities or apply fertilizers, or other heavy, movable equipment designed, adapted or used for agricultural purposes.

    Sec. 2.  This act becomes effective on January 1, 2003.

    Sec. 4.  The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:

    Shall the Sales and Use Tax Act of 1955 be amended to provide an exemption from the taxes imposed by this act on the gross receipts from the sale and the storage, use or other consumption of farm machinery and equipment employed for the agricultural use of real property?

Yes ¨                            No ¨

 

    Sec. 5.  The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:

(Explanation of Question)

             The proposed amendment to the Sales and Use Tax Act of 1955 would exempt from the taxes imposed by this act the gross receipts from the sale and storage, use or other consumption of farm machinery and equipment employed for the agricultural use of real property. The Legislature has amended the Local School Support Tax Law and the City-County Relief Tax Law to provide the same exemption.

    Sec. 6.  If a majority of the votes cast on the question is yes, the amendment to the Sales and Use Tax Act of 1955 becomes effective on January 1, 2003. If less than a majority of votes cast on the question is yes, the question fails and the amendment to the Sales and Use Tax Act of 1955 does not become effective.

    Sec. 7.  All general election laws not inconsistent with this act are applicable.

    Sec. 8.  Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state that the proposed amendment was adopted by a majority of those registered voters.

    Sec. 9.  NRS 372.7263 is hereby amended to read as follows:

    372.7263  In administering the provisions of NRS 372.335, the department shall apply the exemption for the sale of tangible personal property delivered by the vendor to a forwarding agent for shipment out of state to include [the] :


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ê2001 Statutes of Nevada, Page 824 (Chapter 159, AB 243)ê

 

property delivered by the vendor to a forwarding agent for shipment out of state to include [the] :

    1.  The sale of a vehicle to a nonresident to whom a special movement permit has been issued by the department of motor vehicles and public safety pursuant to subsection 1 of NRS 482.3955 [.] ; and

    2.  The sale of farm machinery and equipment, as defined in section 10 of this act, to a nonresident who submits proof to the vendor that the farm machinery and equipment will be delivered out of state not later than 15 days after the sale.

    Sec. 10.  Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  There are exempted from the taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, farm machinery and equipment employed for the agricultural use of real property.

    2.  As used in this section:

    (a) “Agricultural use” has the meaning ascribed to it in NRS 361A.030.

    (b) “Farm machinery and equipment” means a farm tractor, implement of husbandry, piece of equipment used for irrigation, or a part used in the repair or maintenance of farm machinery and equipment. The term does not include:

         (1) A vehicle required to be registered pursuant to the provisions of chapter 482 or 706 of NRS; or

         (2) Machinery or equipment only incidentally employed for the agricultural use of real property.

    (c) “Farm tractor” means a motor vehicle designed and used primarily for drawing an implement of husbandry.

    (d) “Implement of husbandry” means a vehicle that is designed, adapted or used for agricultural purposes, including, without limitation, a plow, machine for mowing, hay baler, combine, piece of equipment used to stack hay, till, harvest, handle agricultural commodities or apply fertilizers, or other heavy, movable equipment designed, adapted or used for agricultural purposes.

    Sec. 11.  NRS 374.030 is hereby amended to read as follows:

    374.030  1.  “Gross receipts” means the total amount of the sale or lease or rental price, as the case may be, of the retail sales of retailers, valued in money, whether received in money or otherwise, without any deduction on account of any of the following:

    (a) The cost of the property sold. However, in accordance with such rules and regulations as the department may prescribe, a deduction may be taken if the retailer has purchased property for some other purpose than resale, has reimbursed his vendor for tax which the vendor is required to pay to the county or has paid the use tax with respect to the property, and has resold the property [prior to] before making any use of the property other than retention, demonstration or display while holding it for sale in the regular course of business. If such a deduction is taken by the retailer, no refund or credit will be allowed to his vendor with respect to the sale of the property.

    (b) The cost of the materials used, labor or service cost, interest paid, losses or any other expense.

    (c) The cost of transportation of the property [prior to] before its sale to the purchaser.


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ê2001 Statutes of Nevada, Page 825 (Chapter 159, AB 243)ê

 

    2.  The total amount of the sale or lease or rental price includes all of the following:

    (a) Any services that are a part of the sale.

    (b) All receipts, cash, credits and property of any kind.

    (c) Any amount for which credit is allowed by the seller to the purchaser.

    3.  “Gross receipts” does not include any of the following:

    (a) Cash discounts allowed and taken on sales.

    (b) [Sale] The sale price of property returned by customers when the full sale price is refunded either in cash or credit , [;] but this exclusion [shall] does not apply in any instance when the customer, in order to obtain the refund, is required to purchase other property at a price greater than the amount charged for the property that is returned.

    (c) The price received for labor or services used in installing or applying the property sold.

    (d) The amount of any tax , [(] not including [, however,] any manufacturers’ or importers’ excise tax , [)] imposed by the United States upon or with respect to retail sales, whether imposed upon the retailer or the consumer.

    (e) The amount of any allowance against the selling price given by a retailer for the value of [:

         (1) A] a used vehicle which is taken in trade on the purchase of another vehicle . [; or

         (2) A used piece of farm machinery or equipment which is taken in trade on the purchase of another piece of farm machinery or equipment.]

    4.  For purposes of the sales tax, if the retailers establish to the satisfaction of the department that the sales tax has been added to the total amount of the sale price and has not been absorbed by them, the total amount of the sale price shall be deemed to be the amount received exclusive of the tax imposed.

    Sec. 12.  NRS 374.265 is hereby amended to read as follows:

    374.265  “Exempted from the taxes imposed by this chapter,” as used in NRS 374.265 to 374.355, inclusive, and section 10 of this act means exempted from the computation of the amount of taxes imposed.

    Sec. 13.  NRS 374.7273 is hereby amended to read as follows:

    374.7273  In administering the provisions of NRS 374.340, the department shall apply the exemption for the sale of tangible personal property delivered by the vendor to a forwarding agent for shipment out of state to include [the] :

    1.  The sale of a vehicle to a nonresident to whom a special movement permit has been issued by the department of motor vehicles and public safety pursuant to subsection 1 of NRS 482.3955 [.] ; and

    2.  The sale of farm machinery and equipment, as defined in section 10 of this act, to a nonresident who submits proof to the vendor that the farm machinery and equipment will be delivered out of state not later than 15 days after the sale.

    Sec. 14.  This act becomes effective upon passage and approval for the purpose of adopting any regulations necessary to carry out the provisions of this act and on July 1, 2002, for all other purposes.

________

 


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ê2001 Statutes of Nevada, Page 826ê

 

CHAPTER 160, AB 277

Assembly Bill No. 277–Committee on Government Affairs

 

CHAPTER 160

 

AN ACT relating to public records; providing that an agreement to settle a tort claim or action against a governmental entity or an officer or employee thereof is not confidential; providing that such an agreement must include the amount of any attorney’s fees and costs to be paid pursuant to the agreement; providing that if the labor commissioner enters into, effects or approves any compromise or settlement concerning an alleged violation of labor laws, the terms and conditions of the compromise or settlement are not confidential; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Any agreement to settle a claim or action brought under NRS 41.031 or against a present or former officer or employee of the state or any political subdivision, immune contractor or state legislator:

    (a) Must not provide that any or all of the terms of the agreement are confidential.

    (b) Must include the amount of any attorney’s fees and costs to be paid pursuant to the agreement.

    (c) Is a public record and must be open for inspection pursuant to NRS 239.010.

    2.  Any provision of an agreement to settle a claim or action brought under NRS 41.031 or against a present or former officer or employee of the state or any political subdivision, immune contractor or state legislator that conflicts with this section is void.

    Sec. 2.  NRS 41.0305 is hereby amended to read as follows:

    41.0305  As used in NRS 41.0305 to 41.039, inclusive, and section 1 of this act, the term “political subdivision” includes an organization that was officially designated as a community action agency pursuant to 42 U.S.C. § 2790 before that section was repealed and is included in the definition of an “eligible entity” pursuant to 42 U.S.C. § 9902, the Nevada rural housing authority, an airport authority created by special act of the legislature, a regional transportation commission and a fire protection district, irrigation district, school district, governing body of a charter school and other special district that performs a governmental function, even though it does not exercise general governmental powers.

    Sec. 3.  Chapter 607 of NRS is hereby amended by adding thereto a new section to read as follows:

    If the labor commissioner enters into, effects or approves any compromise or settlement of a claim or dispute concerning or arising out of an alleged violation of the labor laws of this state, the terms and conditions of the compromise or settlement:

    1.  Must be made available to the public upon request; and

    2.  Must not include any confidentiality clause or similar clause, and any such clause that is included in the terms and conditions of the compromise or settlement is void as against the public policy of this state.


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ê2001 Statutes of Nevada, Page 827 (Chapter 160, AB 277)ê

 

    Sec. 4.  The amendatory provisions of this act apply to any compromise or settlement that is executed on or after July 1, 2001.

    Sec. 5.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 161, AB 279

Assembly Bill No. 279–Assemblymen Leslie, Gibbons, Giunchigliani, Goldwater, Parks, Anderson, Buckley, Carpenter, Chowning, Collins, Freeman, Humke, Koivisto, Manendo, McClain, Neighbors, Oceguera, Parnell, Price, Smith and Williams

 

CHAPTER 161

 

AN ACT relating to occupational disease; providing for the availability of industrial insurance benefits to employees for exposure to certain contagious diseases; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 617 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Notwithstanding any other provision of this chapter and except as otherwise provided in this section, if a person employed in this state contracts a contagious disease during the course and scope of his employment that results in a temporary or permanent disability or death, the disease is an occupational disease and compensable as such under the provisions of this chapter if:

    (a) It is demonstrated that the employee was exposed to the contagious disease during the course and scope of his employment;

    (b) The employee reported the exposure to his employer in compliance with the reporting requirements adopted by the employer; and

    (c) A test to screen for the contagious disease that is approved by the state board of health is administered to the employee:

         (1) Within 72 hours after the date of the exposure and the employee tests negative for exposure to the contagious disease; and

         (2) After the incubation period for the contagious disease, as determined by the state board of health, but not later than 12 months after the date of the exposure, and the employee tests positive for exposure to the contagious disease.

    2.  Such an employee and his dependents are excluded from the benefits of this section if:

    (a) The employee refuses to be tested for exposure to the contagious disease as required by subsection 1;

    (b) The employee or his dependents are eligible to receive compensation pursuant to paragraph (b) of subsection 2 of NRS 616A.265 or NRS 616C.052; or

    (c) It is proven by clear and convincing evidence that the contagious disease did not arise out of and in the course of the employment.

    3.  All tests for exposure to the contagious disease that are required pursuant to subsection 1 must be paid for by the employer.


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ê2001 Statutes of Nevada, Page 828 (Chapter 161, AB 279)ê

 

    4.  Compensation awarded to an employee or his dependents pursuant to this section must include:

    (a) Full reimbursement for related expenses incurred for:

         (1) Preventive treatment administered as a precaution to the employee; and

         (2) Other medical treatments, surgery and hospitalization; and

    (b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death.

    5.  As used in this section:

    (a) “Contagious disease” means hepatitis A, hepatitis B, hepatitis C, tuberculosis, the human immunodeficiency virus or acquired immune deficiency syndrome.

    (b) “Exposed” or “exposure” means the introduction of blood or other infectious materials into the body of an employee during the performance of his official duties through the skin, eye, mucous membrane or parenteral contact. The term includes contact with airborne materials carrying tuberculosis.

    (c) “Preventive treatment” includes, without limitation, tests to determine if an employee has contracted the contagious disease to which he was exposed.

    Sec. 2.  The provisions of this act do not apply to an employee who, before October 1, 2001, is receiving compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

________

 

CHAPTER 162, AB 345

Assembly Bill No. 345–Assemblymen Goldwater, Parks, Oceguera, Buckley, Manendo, Gibbons, Giunchigliani and Leslie

 

CHAPTER 162

 

AN ACT relating to industrial insurance; requiring an insurer to submit a written report concerning certain claims for compensation to the administrator of the division of industrial relations of the department of business and industry; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 617 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Each insurer shall submit to the administrator a written report concerning each claim for compensation that is filed with the insurer for an occupational disease of the heart or lungs or any occupational disease that is infectious or relates to cancer. The written report must be submitted to the administrator within 30 days after the insurer accepts or denies the claim pursuant to NRS 617.356 and must include:

    (a) A statement specifying the nature of the claim;

    (b) A statement indicating whether the insurer accepted or denied the claim and the reasons for the acceptance or denial;

    (c) A statement indicating the estimated medical costs for the claim; and


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ê2001 Statutes of Nevada, Page 829 (Chapter 162, AB 345)ê

 

    (d) Any other information required by the administrator.

    2.  If a claim specified in subsection 1 is appealed or affirmed, modified or reversed on appeal, or is closed or reopened, the insurer shall notify the administrator of that fact in writing within 30 days after the claim is appealed, affirmed, modified, reversed, closed or reopened.

    3.  On or before February 1 of each year, the administrator shall prepare and make available to the general public a written report concerning claims specified in subsection 1. The written report must include:

    (a) The information submitted to the administrator by an insurer pursuant to this section during the immediately preceding year; and

    (b) Any other information concerning those claims required by the administrator.

    Sec. 2.  The provisions of section 1 of this act do not apply to a claim for compensation specified in that section that is filed with an insurer before January 1, 2001.

    Sec. 3.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 163, AB 363

Assembly Bill No. 363–Assemblywomen Giunchigliani and Leslie

 

CHAPTER 163

 

AN ACT relating to health care records; allowing a patient to obtain his health care records without charge under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 629.061 is hereby amended to read as follows:

    629.061  1.  Each provider of health care shall make the health care records of a patient available for physical inspection by:

    (a) The patient or a representative with written authorization from the patient;

    (b) An investigator for the attorney general or a grand jury investigating an alleged violation of NRS 200.495, 200.5091 to 200.50995, inclusive, or 422.540 to 422.570, inclusive;

    (c) An investigator for the attorney general investigating an alleged violation of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive, or any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of benefits for industrial insurance; or

    (d) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.

The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. If the records are located outside this state, the provider shall make any records requested pursuant to this section available in this state for inspection within 10 working days after the request.


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ê2001 Statutes of Nevada, Page 830 (Chapter 163, AB 363)ê

 

pursuant to this section available in this state for inspection within 10 working days after the request.

    2.  [The] Except as otherwise provided in subsection 3, the provider of health care shall also furnish a copy of the records to each person described in subsection 1 who requests it and pays the actual cost of postage, if any, the costs of making the copy, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health [and] care records produced by similar processes. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy.

    3.  The provider of health care shall also furnish a copy of any records that are necessary to support a claim or appeal under any provision of the Social Security Act, 42 U.S.C. §§ 301 et seq., or under any federal or state financial needs-based benefit program, without charge, to a patient, or a representative with written authorization from the patient, who requests it, if the request is accompanied by documentation of the claim or appeal.

A copying fee, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health care records produced by similar processes, may be charged by the provider of health care for furnishing a second copy of the records to support the same claim or appeal. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy. The provider of health care shall furnish the copy of the records requested pursuant to this subsection within 30 days after the date of receipt of the request, and the provider of health care shall not deny the furnishing of a copy of the records pursuant to this subsection solely because the patient is unable to pay the fees established in this subsection.

    4.  Each person who owns or operates an ambulance in this state shall make his records regarding a sick or injured patient available for physical inspection by:

    (a) The patient or a representative with written authorization from the patient; or

    (b) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.

The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. The person who owns or operates an ambulance shall also furnish a copy of the records to each person described in this subsection who requests it and pays the actual cost of postage, if any, and the costs of making the copy, not to exceed 60 cents per page for photocopies. No administrative fee or additional service fee of any kind may be charged for furnishing a copy of the records.

    [4.] 5.  Records made available to a representative or investigator must not be used at any public hearing unless:

    (a) The patient named in the records has consented in writing to their use; or

    (b) Appropriate procedures are utilized to protect the identity of the patient from public disclosure.

    [5.  Subsection 4]

    6.  Subsection 5 does not prohibit:

    (a) A state licensing board from providing to a provider of health care or owner or operator of an ambulance against whom a complaint or written allegation has been filed, or to his attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the provider of health care or owner or operator of an ambulance and his attorney shall keep the information confidential.


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ê2001 Statutes of Nevada, Page 831 (Chapter 163, AB 363)ê

 

allegation has been filed, or to his attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the provider of health care or owner or operator of an ambulance and his attorney shall keep the information confidential.

    (b) The attorney general from using health care records in the course of a civil or criminal action against the patient or provider of health care.

    [6.] 7.  A provider of health care or owner or operator of an ambulance, his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.

________

 

CHAPTER 164, AB 364

Assembly Bill No. 364–Assemblymen Tiffany, Angle, Berman, Brown, Cegavske, Giunchigliani, Koivisto, McClain, Mortenson, Nolan and Price

 

CHAPTER 164

 

AN ACT relating to education; requiring regional subdistricts created in certain school districts to prepare annual reports; prescribing the information required to be reported; requiring the board of trustees of such school districts to prepare a compilation of the reports that includes an evaluation of the equity among the regional subdistricts; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 385 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If the board of trustees of a school district in a county whose population is 400,000 or more, or the superintendent of schools of such a school district, creates regional subdistricts within the school district, each regional subdistrict shall, on or before April 15 of each year, prepare an annual report. The annual report must include, without limitation, for the immediately preceding school year:

    (a) A description of the geographic area that comprises the subdistrict.

    (b) A list of the administrative leadership of the subdistrict.

    (c) The number of public meetings, if any, held by the subdistrict.

    (d) The information required by subsection 2 of NRS 385.347, reported for the subdistrict as a whole and for each school within the subdistrict.

    (e) The total number of administrators employed to provide services within the subdistrict, and the total amount of money paid to those administrators for salaries and benefits.

    (f) The total number of teachers and other educational personnel employed to provide instruction and other educational services in schools within the subdistrict, and the total amount of money paid to those teachers and personnel for salaries and benefits.

    (g) The number of substitute teachers who were employed to provide instruction in schools within the subdistrict for a period of 30 consecutive days or more and the subject areas taught by those substitute teachers.


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ê2001 Statutes of Nevada, Page 832 (Chapter 164, AB 364)ê

 

    (h) The number of administrators, teachers and other educational personnel identified in paragraphs (e) and (f) that attended a regional training program for the professional development of teachers and administrators established pursuant to section 16 of chapter 559, Statutes of Nevada 1999, at page 2930, including, without limitation:

         (1) The type of training received; and

         (2) A summary of the evaluation of the training by the teachers and administrators who participated.

    (i) Demographic information concerning the pupils enrolled in schools within the subdistrict, including, without limitation:

         (1) Race;

         (2) Ethnicity;

         (3) Gender;

         (4) The percentage of pupils with disabilities who received special education pursuant to NRS 388.440 to 388.520, inclusive;

         (5) The percentage of gifted and talented pupils who received special education pursuant to NRS 388.440 to 388.520, inclusive;

         (6) The percentage of pupils who participated in the program for free or reduced-price school lunches pursuant to 42 U.S.C. §§ 1751 et seq.; and

         (7) The percentage of pupils who participated in educational programs for migratory children provided pursuant to 20 U.S.C. §§ 6391 et seq.

    (j) The number of schools, if any, within the subdistrict that were designated as demonstrating need for improvement.

    (k) A summary of each program for remediation, if any, purchased for the schools within the subdistrict, including, without limitation:

         (1) The name of the program; and

         (2) The costs of the program.

    (l) The number of preschool children who participated in early childhood education programs provided by the school district, the subdistrict or schools within the subdistrict.

    (m) The budget for the subdistrict, including, without limitation, the:

         (1) Amount of money from the school district’s total budget that was allocated to the subdistrict or for use to operate the schools within the subdistrict; and

         (2) Actual expenditures of the subdistrict or school district, as applicable, expressed on a per pupil basis, to operate the schools within the subdistrict.

    (n) The establishment of zones of attendance, if any, or changes made to the existing zones of attendance, if any, that affected the subdistrict and the number of pupils within the subdistrict who were affected by each change.

    (o) The number of schools within the subdistrict, if any, that converted to a year-round schedule.

    (p) A description of the procedure of the subdistrict for hearing grievances and complaints of parents and legal guardians of pupils enrolled in schools within the subdistrict.

    2.  On or before April 15 of each year, each regional subdistrict shall submit to the board of trustees of the school district in which the subdistrict is located, the written report prepared pursuant to subsection 1. On or before June 15 of each year, the board of trustees shall submit a written compilation of the reports to the:


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ê2001 Statutes of Nevada, Page 833 (Chapter 164, AB 364)ê

 

    (a) Legislative commission;

    (b) Committee; and

    (c) Department.

The written compilation must include, without limitation, an analysis and evaluation of the equity among the regional subdistricts based upon the information reported.

    3.  The board of trustees of a school district that includes regional subdistricts which are required to submit reports pursuant to this section shall prescribe forms for the reports.

    Sec. 2.  NRS 385.3455 is hereby amended to read as follows:

    385.3455  As used in NRS 385.3455 to 385.391, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 385.346 and 385.3465 have the meanings ascribed to them in those sections.

    Sec. 3.  The board of trustees of a school district that includes regional subdistricts which are required to submit reports pursuant to section 1 of this act shall prescribe forms for the reports on or before January 1, 2002. The first reports must be made on or before April 15 and June 15, 2003, for the 2001-2002 school year.

    Sec. 4.  1.  This section and sections 2 and 3 of this act become effective on July 1, 2001.

    2.  Section 1 of this act becomes effective on July 1, 2001, for the purpose of prescribing forms for reporting and on July 1, 2002, for all other purposes.

    3.  This act expires by limitation on July 1, 2007.

________

 

CHAPTER 165, AB 375

Assembly Bill No. 375–Committee on Commerce and Labor

 

CHAPTER 165

 

AN ACT relating to crimes; enacting provisions governing the possession, use, manufacture or distribution of certain items employed to commit theft; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  A person shall not, with the intent to cheat or defraud a retailer, possess, make, alter, forge or counterfeit any sales receipt or inventory pricing label.

    2.  Unless a greater penalty is imposed by a specific statute and except as otherwise provided in subsection 3, a person who violates any provision of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    3.  Unless a greater penalty is imposed by a specific statute, a person who violates any provision of subsection 1 and who possesses 15 or more fraudulent sales receipts or inventory pricing labels is guilty of a category D felony and shall be punished as provided in NRS 193.130.


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ê2001 Statutes of Nevada, Page 834 (Chapter 165, AB 375)ê

 

    4.  As used in this section, “inventory pricing label” includes, without limitation, any written or electronic record or label used by a retailer to identify, inventory or price any product or item it offers for sale.

    Sec. 3.  1.  A person shall not, with the intent to commit, aid or abet a theft, possess any theft detection shielding device or theft detection device deactivator.

    2.  A person shall not, with the intent to commit, aid or abet a theft, manufacture, sell or distribute any theft detection shielding device or theft detection device deactivator.

    3.  A person who violates any provision of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    4.  As used in this section:

    (a) “Theft detection device deactivator” includes, without limitation, any tool or device designed to allow, or capable of allowing, the deactivation or removal of a theft detection device from any merchandise.

    (b) “Theft detection shielding device” includes, without limitation, any laminated or coated bag or device intended to shield merchandise from detection by an electronic or magnetic theft detector.

    Sec. 4.  The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.

________

 

CHAPTER 166, AB 415

Assembly Bill No. 415–Assemblyman Lee

 

CHAPTER 166

 

AN ACT relating to pharmacy; requiring the state board of pharmacy to adopt regulations relating to the electronic transmission or transmission by a facsimile machine of certain prescriptions from a practitioner to a pharmacist for the dispensing of a drug; requiring an applicant for registration as an intern pharmacist to be enrolled in a college of pharmacy or department of pharmacy of a university approved by the board; prohibiting the board from issuing a private reprimand to the holder of a certificate, license or permit issued by the board; providing for the issuance of uniform identification cards and devices to process claims for prescription drugs or devices; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

    A pharmacy or insurer may provide to a practitioner a computer or any other electronic device, including, without limitation, any software or equipment required for the computer or device if the computer or other electronic device is capable of transmitting data to any pharmacy in this state.

    Sec. 2.  NRS 639.0745 is hereby amended to read as follows:

    639.0745  1.  The board may adopt regulations concerning [:

    (a) The] the transfer of information between pharmacies relating to prescriptions.


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ê2001 Statutes of Nevada, Page 835 (Chapter 166, AB 415)ê

 

    [(b)] 2.  The board shall adopt regulations concerning the electronic transmission and the transmission by a facsimile machine of a prescription from a practitioner to a pharmacist for the dispensing of a drug.

    [2.] The regulations must establish procedures to:

    (a) Ensure the security and confidentiality of the data that is transmitted between:

         (1) The practitioner and the pharmacy;

         (2) The practitioner and an insurer of the person for whom the prescription is issued; and

         (3) The pharmacy and an insurer of the person for whom the prescription is issued.

    (b) Protect the identity of the practitioner to prevent misuse of the identity of the practitioner or other fraudulent conduct related to the electronic transmission of a prescription.

    (c) Verify the authenticity of a signature that is produced:

         (1) By the computer or other electronic device; or

         (2) Manually by the practitioner.

    (d) Establish requirements for electronic transmission of or transmission by facsimile machine of a prescription for a controlled substance listed in schedule II if federal law authorizes such a prescription to be transmitted in such a manner.

    3.  The board shall adopt regulations governing the exchange of information between pharmacists and practitioners relating to prescriptions filled by the pharmacists for persons who are suspected of:

    (a) Misusing prescriptions to obtain excessive amounts of drugs.

    (b) Failing to use a drug in conformity with the directions for its use or taking a drug in combination with other drugs in a manner that could result in injury to that person.

The pharmacists and practitioners shall maintain the confidentiality of the information exchanged pursuant to this subsection.

    Sec. 3.  NRS 639.137 is hereby amended to read as follows:

    639.137  1.  Any person who is not a registered pharmacist, but who is employed in this state for the purpose of fulfilling the requirements of paragraph (d) of subsection 1 of NRS 639.120 to become eligible for registration as a pharmacist, shall register with the board as an intern pharmacist. An applicant, to be eligible for registration as an intern pharmacist, must [have completed a minimum of 1 year] be enrolled in a college of pharmacy or a department of pharmacy of a university approved by the board or be a graduate of a foreign school and pass an examination for foreign graduates approved by the board. The application must be made on a form furnished by the board.

    2.  The secretary of the board, upon approval of the application, shall issue a certificate of registration authorizing the applicant to undergo practical pharmaceutical training under the direct and immediate supervision of a registered pharmacist. The period of validity of the certificate of registration, including any renewal, must not exceed 4 years after the date of issue. The certificate of registration authorizes the holder, if acting under the direct and immediate supervision of a registered pharmacist, to perform [the] :

    (a) The duties of a registered pharmacist as authorized by regulation of the board; and [to perform other]


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ê2001 Statutes of Nevada, Page 836 (Chapter 166, AB 415)ê

 

    (b) Other activities as authorized by regulation of the board. [The period of validity of the certificate of registration, including any renewal, must not exceed 4 years after the date of issue.]

    3.  The certificate of registration must be posted as required by NRS 639.150.

    4.  Any certificate of registration issued pursuant to the provisions of this section may be suspended, terminated or revoked by the board for:

    (a) Any reason set forth in this chapter as grounds for the suspension or revocation of any certificate, license or permit; or

    (b) The failure of the registered pharmacist whose name appears on the certificate of registration to provide adequate training and supervision for the intern pharmacist in compliance with regulations adopted by the board.

    Sec. 4.  NRS 639.2353 is hereby amended to read as follows:

    639.2353  1.  A prescription must be given:

    (a) Directly from the practitioner to a pharmacist;

    (b) Indirectly by means of an order signed by the practitioner;

    (c) By an oral order transmitted by an agent of the practitioner; or

    (d) [By] Except as otherwise provided in subsection 5, by electronic transmission or transmission by a facsimile machine, including, without limitation, transmissions made from a facsimile machine to another facsimile machine, a computer equipped with a facsimile modem to a facsimile machine or a computer to another computer, pursuant to the regulations of the board.

    2.  A written prescription must contain:

    (a) The name and signature of the practitioner, and his address if not immediately available to the pharmacist;

    (b) The classification of his license;

    (c) His registration number assigned by the Drug Enforcement Administration if the prescription is for a controlled substance;

    (d) The name of the patient, and his address if not immediately available to the pharmacist;

    (e) The name, strength and quantity of the drug or drugs prescribed;

    (f) Directions for use; and

    (g) The date of issue.

    3.  The directions for use must be specific in that they indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

    4.  Each written prescription must be written in such a manner that any registered pharmacist would be able to dispense it. A prescription must be written in Latin or English and may include any character, figure, cipher or abbreviation which is generally used by pharmacists and practitioners in the writing of prescriptions.

    5.  A prescription for a controlled substance must not be given by electronic transmission or transmission by a facsimile machine unless authorized by federal law.

    Sec. 5.  NRS 639.255 is hereby amended to read as follows:

    639.255  1.  The holder of any certificate, license or permit issued by the board, whose default has been entered or who has been heard by the board and found guilty of the violations alleged in the accusation, may be disciplined by the board by one or more of the following methods:

    (a) Suspending judgment;


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ê2001 Statutes of Nevada, Page 837 (Chapter 166, AB 415)ê

 

    (b) Placing the certificate, license or permit holder on probation;

    (c) Suspending the right of a certificate holder to practice, or the right to use any license or permit, for a period not to exceed 1 year;

    (d) Revoking the certificate, license or permit;

    (e) Public [or private] reprimand;

    (f) Imposition of a fine not to exceed $1,000 for each count of the accusation; or

    (g) Requiring the certificate, license or permit holder to pay all costs incurred by the board relating to the discipline of the person.

    2.  Such action by the board is final, except that the propriety of such action is subject to review upon questions of law by a court of competent jurisdiction.

    Sec. 6.  NRS 453.385 is hereby amended to read as follows:

    453.385  1.  Each prescription for a controlled substance listed in schedule II must be written on a separate prescription blank or as an order on the chart of a patient. The chart of a patient may be used to order multiple prescriptions for that patient.

    2.  A prescription for a controlled substance must contain:

    (a) The name of the practitioner, his signature if the prescription was not transmitted orally and his address if not immediately available to the pharmacist;

    (b) The classification of his license;

    (c) His registration number from the Drug Enforcement Administration if it is not immediately available to the pharmacist;

    (d) The name of the patient, and his address if not immediately available to the pharmacist;

    (e) The name, strength and quantity of the drug or drugs prescribed;

    (f ) Directions for use; and

    (g) The date of issue.

    3.  A prescription for a controlled substance listed in:

    (a) Schedule III, IV or V must be signed by the practitioner pursuant to the regulations of the board and may be preprinted or written by an agent of the practitioner, or may be transmitted electronically or by a facsimile machine from the practitioner to a pharmacy pursuant to the regulations of the board.

    (b) Schedule II must be written and signed entirely by hand by the practitioner who issued it, except that:

         (1) The addresses of the patient and the practitioner may be added by the pharmacist.

         (2) The name of the practitioner, his address and the classification of his license must be preprinted on the prescription form.

         (3) The registration number of the practitioner assigned by the Drug Enforcement Administration may be preprinted on the prescription form.

         (4) The prescription may be transmitted by the practitioner or an agent of the practitioner to a pharmacy by a facsimile machine if the original written prescription is presented to the pharmacist for review before the dispensing of the controlled substance, except that:

                (I) If the controlled substance is to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion, the transmission from the facsimile machine shall be deemed to be the original written prescription.


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ê2001 Statutes of Nevada, Page 838 (Chapter 166, AB 415)ê

 

                (II) If the controlled substance is prescribed for a resident of a facility for long-term care, the transmission from the facsimile machine shall be deemed to be the original written prescription and must be maintained in accordance with 21 C.F.R. § 1304.04(h).

         (5) If authorized by federal law, a prescription transmitted electronically is not required to be written and signed entirely by hand by the practitioner who issued the prescription.

    4.  Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

    Sec. 7.  Chapter 679B of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If a health care plan that provides coverage for prescription drugs or devices issues a single identification card or other device to an insured that contains information solely needed to process a claim for a prescription drug or device, the card or other device must conform to the requirements of the National Council for Prescription Drug Programs set forth in the NCPDP Pharmacy ID Card Implementation Guide that are consistent with applicable regulations adopted pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104‑191, as they may be amended from time to time, or must contain at least the following elements:

    (a) The name or logo of the administrator issuing the card or device.

    (b) The insured’s identification number, which must be displayed on the front side of the card or device.

    (c) The name and address of the administrator to which prescription claims that are not processed electronically or correspondence should be sent.

    (d) The telephone number that providers may call for assistance concerning pharmacy benefits.

    (e) Complete information concerning routing of electronic transactions, including, without limitation, the international identification number and, if required by the administrator to process the claim, the processing control number and group number.

The information on the card or device must be arranged in a manner that corresponds both in content and form to the content and form required by the plan to process the claim.

    2.  The commissioner shall adopt such regulations as are necessary to carry out the provisions of this section.

    3.  As used in this section:

    (a) “Administrator” has the meaning ascribed to it in NRS 683A.025, and includes a pharmacy benefits manager.

    (b) “Health care plan” has the meaning ascribed to it in NRS 679B.520.

    Sec. 8.  The provisions of section 7 of this act do not apply to the division of health care financing and policy of the department of human resources or a person providing prescription drug benefits in a health care program provided by contract with the division until the division becomes capable of producing a card or other device that meets the requirements of that section. The director of the department of human resources shall issue an order requiring compliance with section 7 of this act when the division produces such a card or device.


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ê2001 Statutes of Nevada, Page 839 (Chapter 166, AB 415)ê

 

    Sec. 9.  1.  This section becomes effective upon passage and approval.

    2.  Sections 1 to 6, inclusive, of this act, become effective on October 1, 2001.

    3.  Section 7 of this act becomes effective upon passage and approval for the purpose of adopting regulations and on January 1, 2003, for all other purposes.

    4.  Section 8 of this act becomes effective on January 1, 2003.

________

 

CHAPTER 167, AB 433

Assembly Bill No. 433–Assemblyman Neighbors

 

CHAPTER 167

 

AN ACT relating to taxation; providing guidelines for determining the amount of time a person leases or uses certain property for the purpose of determining the amount of tax to be levied on such lease or use; clarifying the exemption from taxation of certain property used for housing and related facilities by persons with low incomes; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  For purposes of NRS 361.157, 361.159 and 361.227, except as otherwise provided in subsection 2, property is leased or used by a natural person or entity at all times the natural person or entity has possession of, claim to or right to the possession of the property that is independent, durable and exclusive of rights held by others in the property, other than the rights held by the owner.

    2.  Property is not leased or used by a natural person or entity who possesses or occupies the property solely for the purpose of holding the property for another natural person or entity.

    3.  As used in this section:

    (a) “Durable” means for a determinable period with a reasonable certainty that the use, possession or claim with respect to the property will continue for that period.

    (b) “Exclusive” means the enjoyment of a beneficial use of property, together with the ability to exclude from occupancy persons or entities other than the owner who may interfere with that enjoyment.

    (c) “Independent” means the ability to exercise authority and exert control over the management or operation of the property pursuant to the terms and provisions of the contract with the owner. A possession or use is independent if the possession or use of the property is sufficiently autonomous under the terms and provisions of the contract with the owner to constitute more than a mere agency.

    Sec. 1.5.  NRS 361.082 is hereby amended to read as follows:

    361.082  1.  [Real] That portion of real property and tangible personal property which is used for housing and related facilities for persons with low incomes [are] is exempt from taxation if the portion of property qualifies as a low-income unit and is part of a qualified low-income housing project that


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ê2001 Statutes of Nevada, Page 840 (Chapter 167, AB 433)ê

 

is funded in part by federal money appropriated pursuant to 42 U.S.C. §§ 12701 et seq. for the year in which the exemption applies.

    2.  The portion of a qualified low-income housing project that is entitled to the property tax exemption pursuant to subsection 1 must be determined by dividing the total assessed value of the housing project and the land upon which it is situated into the assessed value of the low-income units and related facilities that are occupied or used exclusively by persons with low incomes.

    3.  The Nevada tax commission shall, by regulation, prescribe a form for an application for the exemption described in subsection 1.

    4.  As used in this section, the terms “low-income unit” and “qualified low-income housing project” have the meanings ascribed to them in 26 U.S.C. § 42 . [, as it existed on July 1, 1991.]

    Sec. 2.  NRS 361.157 is hereby amended to read as follows:

    361.157  1.  When any real estate or portion of real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association, partnership or corporation in connection with a business conducted for profit or as a residence, or both, the leasehold interest, possessory interest, beneficial interest or beneficial use of the lessee or user of the property is subject to taxation to the extent the:

    (a) Portion of the property leased or used; and

    (b) Percentage of time during the fiscal year that the property is leased by the lessee or used by the user, in accordance with section 1 of this act,

can be segregated and identified. The taxable value of the interest or use must be determined in the manner provided in subsection 3 of NRS 361.227 [.] and in accordance with section 1 of this act.

    2.  Subsection 1 does not apply to:

    (a) Property located upon a public airport, park, market or fairground , or any property owned by a public airport, unless the property owned by the public airport is not located upon the public airport and the property is leased, loaned or otherwise made available for purposes other than for the purposes of a public airport, including, without limitation, residential, commercial or industrial purposes;

    (b) Federal property for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed;

    (c) Property of any state-supported educational institution;

    (d) Property leased or otherwise made available to and used by a natural person, private association, private corporation, municipal corporation, quasi-municipal corporation or a political subdivision under the provisions of the Taylor Grazing Act or by the United States Forest Service or the Bureau of Reclamation of the United States Department of the Interior;

    (e) Property of any Indian or of any Indian tribe, band or community which is held in trust by the United States or subject to a restriction against alienation by the United States;

    (f) Vending stand locations and facilities operated by blind persons under the auspices of the bureau of services to the blind and visually impaired of the rehabilitation division of the department of employment, training and rehabilitation, whether or not the property is owned by the federal, state or a local government;


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ê2001 Statutes of Nevada, Page 841 (Chapter 167, AB 433)ê

 

    (g) Leases held by a natural person, corporation, association, municipal corporation, quasi-municipal corporation or political subdivision for development of geothermal resources, but only for resources which have not been put into commercial production;

    (h) The use of exempt property that is leased, loaned or made available to a public officer or employee, incident to or in the course of public employment;

    (i) A parsonage owned by a recognized religious society or corporation when used exclusively as a parsonage;

    (j) Property owned by a charitable or religious organization all , or a portion of which , is made available to and is used as a residence by a natural person in connection with carrying out the activities of the organization;

    (k) Property owned by a governmental entity and used to provide shelter at a reduced rate to elderly persons or persons having low incomes;

    (l) The occasional rental of meeting rooms or similar facilities for periods of less than 30 consecutive days; or

    (m) The use of exempt property to provide day care for children if the day care is provided by a nonprofit organization.

    3.  Taxes must be assessed to lessees or users of exempt real estate and collected in the same manner as taxes assessed to owners of other real estate, except that taxes due under this section do not become a lien against the property. When due, the taxes constitute a debt due from the lessee or user to the county for which the taxes were assessed and, if unpaid, are recoverable by the county in the proper court of the county.

    Sec. 3.  NRS 361.159 is hereby amended to read as follows:

    361.159  1.  Except as otherwise provided in subsection 3, when personal property, or a portion of personal property, which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association or corporation in connection with a business conducted for profit, the leasehold interest, possessory interest, beneficial interest or beneficial use of any such lessee or user of the property is subject to taxation to the extent the:

    (a) Portion of the property leased or used; and

    (b) Percentage of time during the fiscal year that the property is leased to the lessee or used by the user, in accordance with section 1 of this act,

can be segregated and identified. The taxable value of the interest or use must be determined in the manner provided in subsection 3 of NRS 361.227 [.] and in accordance with section 1 of this act.

    2.  Taxes must be assessed to lessees or users of exempt personal property and collected in the same manner as taxes assessed to owners of other personal property, except that taxes due under this section do not become a lien against the personal property. When due, the taxes constitute a debt due from the lessee or user to the county for which the taxes were assessed and , if unpaid , are recoverable by the county in the proper court of the county.

    3.  The provisions of this section do not apply to personal property:

    (a) Used in vending stands operated by blind persons under the auspices of the bureau of services to the blind and visually impaired of the rehabilitation division of the department of employment, training and rehabilitation.

    (b) Owned by a public airport.


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ê2001 Statutes of Nevada, Page 842 (Chapter 167, AB 433)ê

 

    Sec. 4.  NRS 361.227 is hereby amended to read as follows:

    361.227  1.  Any person determining the taxable value of real property shall appraise:

    (a) The full cash value of:

         (1) Vacant land by considering the uses to which it may lawfully be put, any legal or physical restrictions upon those uses, the character of the terrain, and the uses of other land in the vicinity.

         (2) Improved land consistently with the use to which the improvements are being put.

    (b) Any improvements made on the land by subtracting from the cost of replacement of the improvements all applicable depreciation and obsolescence. Depreciation of an improvement made on real property must be calculated at 1.5 percent of the cost of replacement for each year of adjusted actual age of the improvement, up to a maximum of 50 years.

    2.  The unit of appraisal must be a single parcel unless:

    (a) The location of the improvements causes two or more parcels to function as a single parcel;

    (b) The parcel is one of a group of contiguous parcels which qualifies for valuation as a subdivision pursuant to the regulations of the Nevada tax commission; or

    (c) In the professional judgment of the person determining the taxable value, the parcel is one of a group of parcels which should be valued as a collective unit.

    3.  The taxable value of a leasehold interest, possessory interest, beneficial interest or beneficial use for the purpose of NRS 361.157 or 361.159 must be determined in the same manner as the taxable value of the property would otherwise be determined if the lessee or user of the property was the owner of the property and it was not exempt from taxation, except that the taxable value so determined must be reduced by a percentage of the taxable value that is equal to the:

    (a) Percentage of the property that is not actually leased by the lessee or used by the user during the fiscal year; and

    (b) Percentage of time that the property is not actually leased by the lessee or used by the user during the fiscal year [.] , which must be determined in accordance with section 1 of this act.

    4.  The taxable value of other taxable personal property, except mobile homes, must be determined by subtracting from the cost of replacement of the property all applicable depreciation and obsolescence. Depreciation of a billboard must be calculated at 1.5 percent of the cost of replacement for each year after the year of acquisition of the billboard, up to a maximum of 50 years.

    5.  The computed taxable value of any property must not exceed its full cash value. Each person determining the taxable value of property shall reduce it if necessary to comply with this requirement. A person determining whether taxable value exceeds full cash value or whether obsolescence is a factor in valuation may consider:

    (a) Comparative sales, based on prices actually paid in market transactions.

    (b) A summation of the estimated full cash value of the land and contributory value of the improvements.

    (c) Capitalization of the fair economic income expectancy or fair economic rent, or an analysis of the discounted cash flow.


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ê2001 Statutes of Nevada, Page 843 (Chapter 167, AB 433)ê

 

A county assessor is required to make the reduction prescribed in this subsection if the owner calls to his attention the facts warranting it, if he discovers those facts during physical reappraisal of the property or if he is otherwise aware of those facts.

    6.  The Nevada tax commission shall , by regulation , establish:

    (a) Standards for determining the cost of replacement of improvements of various kinds.

    (b) Standards for determining the cost of replacement of personal property of various kinds. The standards must include a separate index of factors for application to the acquisition cost of a billboard to determine its replacement cost.

    (c) Schedules of depreciation for personal property based on its estimated life.

    (d) Criteria for the valuation of two or more parcels as a subdivision.

    7.  In determining the cost of replacement of personal property for the purpose of computing taxable value, the cost of all improvements of the personal property, including any additions to or renovations of the personal property , but excluding routine maintenance and repairs, must be added to the cost of acquisition of the personal property.

    8.  The county assessor shall, upon the request of the owner, furnish within 15 days to the owner a copy of the most recent appraisal of the property.

    9.  The provisions of this section do not apply to property which is assessed pursuant to NRS 361.320.

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

________

 

CHAPTER 168, AB 458

Assembly Bill No. 458–Assemblyman Parks (by request)

 

CHAPTER 168

 

AN ACT relating to impact fees; including a fire station project, park project and police station project as capital improvements which a local government may finance by imposing impact fees on new developments; providing a credit against an impact fee for a park project in certain circumstances; revising the definition of “street projects” to include traffic signals; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 278B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

    Sec. 2.  “Fire station project” means a facility for a fire station or a fire substation. The term does not include:

    1.  A facility or portion of a facility that is designed for a use related to the administration of a fire department or any other use not directly related to fire fighting; or

    2.  Any equipment, including, without limitation, vehicles, used for fire fighting.


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ê2001 Statutes of Nevada, Page 844 (Chapter 168, AB 458)ê

 

    Sec. 3.  “Park project” means real property, turf, trees, irrigation, playground apparatus, playing fields, areas to be used for organized amateur sports, play areas, picnic areas, horseshoe pits, trails, jogging and pedestrian paths, tennis courts, areas designated for the use of skateboards and other recreational equipment or appurtenances which are designed to serve natural persons, families and small groups and which are used for a park that is not larger than 50 acres in area. The term does not include auditoriums, arenas, bandstand and orchestra facilities, bathhouses, clubhouses, community centers that are more than 3,000 square feet in floor area, golf course facilities, greenhouses, swimming pools, zoo facilities or similar recreational facilities.

    Sec. 4.  “Police station project” means a facility for a police station or a police substation. The term does not include:

    1.  A facility or portion of a facility that is designed for a use related to the administration of a police department or any other use not directly related to the provision of police services, including, without limitation, the training of police officers; or

    2.  Any equipment, including, without limitation, vehicles, used to provide police services.

    Sec. 5.  NRS 278B.010 is hereby amended to read as follows:

    278B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 278B.020 to 278B.140, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.

    Sec. 6.  NRS 278B.020 is hereby amended to read as follows:

    278B.020  “Capital improvement” means a:

    1.  Drainage project;

    2.  Fire station project;

    3.  Park project;

    4.  Police station project;

    5.  Sanitary sewer project;

    [3.] 6.  Storm sewer project;

    [4.] 7.  Street project; or

    [5.] 8.  Water project.

    Sec. 7.  NRS 278B.130 is hereby amended to read as follows:

    278B.130  “Street project” means the arterial or collector streets or roads which have been designated on the streets and highways plan in the master plan adopted by the local government pursuant to NRS 278.220, including all appurtenances , traffic signals and incidentals necessary for any such facilities.

    Sec. 8.  NRS 278B.240 is hereby amended to read as follows:

    278B.240  1.  If an owner is required by a local government, as a condition of the approval of the development, to construct or dedicate, or both, a portion of the off-site facilities for which impact fees other than for a park project are imposed, the off-site facilities must be credited against those impact fees.

    2.  If a school district is required by a local government to construct or dedicate, or both, a portion of the off-site facilities for which impact fees are imposed, the local government shall, upon the request of the school district, reimburse or enter into an agreement to reimburse the school district for the cost of the off-site facilities constructed or dedicated, or both, minus the cost of the off-site facilities immediately adjacent to or providing connection to the school development which would be required by local ordinance in the absence of an ordinance authorizing impact fees.


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ê2001 Statutes of Nevada, Page 845 (Chapter 168, AB 458)ê

 

the school development which would be required by local ordinance in the absence of an ordinance authorizing impact fees.

    3.  If an owner is required by a local government to:

    (a) Pay a residential construction tax pursuant to NRS 278.4983;

    (b) Dedicate land pursuant to NRS 278.4979 or otherwise dedicate or improve land, or both, for use as a park; or

    (c) Construct or dedicate a portion of the off-site facilities for which impact fees for a park project are imposed,

the owner is entitled to a credit against the impact fee imposed for the park project for the amount of the residential construction tax paid, the fair market value of the land dedicated, the cost of any improvements to the dedicated land or the cost of the off-site facilities dedicated or constructed, as applicable.

    Sec. 9.  The act becomes effective on July 1, 2001.

________

 

CHAPTER 169, AB 537

Assembly Bill No. 537–Committee on Government Affairs

 

CHAPTER 169

 

AN ACT relating to local governments; authorizing the construction and maintenance of benches and shelters for passengers of public mass transportation on an exclusive basis by the governing body or by franchise within an unincorporated town; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 268.083 is hereby amended to read as follows:

    268.083  The governing body of an incorporated city may:

    1.  Provide those services set forth in NRS 268.081 on an exclusive basis or, by ordinance, adopt a regulatory scheme for providing those services or controlling development on an exclusive basis within the boundaries of the city; or

    2.  Grant an exclusive franchise to any person to provide those services within the boundaries of the city.

    Sec. 2.  NRS 269.128 is hereby amended to read as follows:

    269.128  A town board or board of county commissioners may, to provide adequate, economical and efficient services to the inhabitants of the town and to promote the general welfare of those inhabitants, displace or limit competition in any of the following areas:

    1.  Ambulance service.

    2.  Taxicabs and other public transportation, unless regulated in that town by an agency of the state.

    3.  Collection and disposal of garbage and other waste.

    4.  Operations at an airport, including but not limited to the leasing of motor vehicles and the licensing of concession stands, but excluding police protection and fire protection.

    5.  Water and sewage treatment, unless regulated in that town by an agency of the state.

    6.  Concessions on, over or under property owned or leased by the town.


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ê2001 Statutes of Nevada, Page 846 (Chapter 169, AB 537)ê

 

    7.  Operation of landfills.

    8.  Construction and maintenance of benches and shelters for passengers of public mass transportation.

    Sec. 3.  NRS 269.129 is hereby amended to read as follows:

    269.129  A town board or board of county commissioners may:

    1.  Provide those services set forth in NRS 269.128 on an exclusive basis or, by ordinance, adopt a regulatory scheme for providing those services or controlling development on an exclusive basis within the boundaries of the town; or

    2.  Grant an exclusive franchise to any person to provide those services within the boundaries of the town.

    Sec. 4.  NRS 244.188 is hereby amended to read as follows:

    244.188  1.  Except as otherwise provided in subsection 3 [,] and NRS 269.128 and 269.129, a board of county commissioners may, outside the boundaries of incorporated cities and general improvement districts:

    (a) Provide those services set forth in NRS 244.187 on an exclusive basis or, by ordinance, adopt a regulatory scheme for controlling the provision of those services or controlling development in those areas on an exclusive basis; or

    (b) Grant an exclusive franchise to any person to provide those services.

    2.  If services for the collection and disposal of garbage are provided pursuant to subsection 1, the board of county commissioners may, except as otherwise provided in subsection 3, require owners of real property outside the boundaries of incorporated cities and general improvement districts to receive and pay for those services.

    3.  The board of county commissioners may exercise the authority provided in subsections 1 and 2 within the boundaries of a general improvement district if that district:

    (a) Is not authorized to provide those services; and

    (b) Includes any real property within 7 miles from the boundary of an incorporated city.

    4.  If an exclusive franchise is granted or a regulatory scheme is adopted for the mandatory collection and disposal of garbage and other waste, the initial boundaries of the collection area must be the same as the boundaries of an existing collection area under an exclusive franchise or regulatory scheme.

    5.  The board of county commissioners may expand the boundaries of a collection area established pursuant to subsection 4 after the board has:

    (a) Conducted preliminary studies and determined that the proposed collection area is economically sound and feasible and promotes the health, safety and general welfare of the inhabitants of the county; and

    (b) Held a public hearing on the proposed collection area after giving notice of the time and the place of the hearing in a newspaper of general circulation in that county. The notice must include the purpose of the hearing and describe the boundaries of the proposed collection area.

    Sec. 5.  NRS 405.030 is hereby amended to read as follows:

    405.030  1.  Except as otherwise provided in subsection 3 and except within the limits of any city or town through which the highway may run, and on benches and shelters for passengers of public mass transportation built pursuant to a franchise granted pursuant to NRS 244.187 and 244.188, [or] 268.081 and 268.083 [,] or 269.128 and 269.129, it is unlawful for any person, firm or corporation to paste, paint, print or in any manner whatever place or attach to any building, fence, gate, bridge, rock, tree, board, structure or anything whatever, any written, printed, painted or other outdoor advertisement, bill, notice, sign, picture, card or poster:


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ê2001 Statutes of Nevada, Page 847 (Chapter 169, AB 537)ê

 

place or attach to any building, fence, gate, bridge, rock, tree, board, structure or anything whatever, any written, printed, painted or other outdoor advertisement, bill, notice, sign, picture, card or poster:

    (a) Within any right of way of any state highway or road which is owned or controlled by the department of transportation.

    (b) Within 20 feet of the main traveled way of any unimproved highway.

    (c) On the property of another within view of any such highway, without the owner’s written consent.

    2.  Nothing in this section prevents the posting or maintaining of any notices required by law to be posted or maintained, or the placing or maintaining of highway signs giving directions and distances for the information of the traveling public if the signs are approved by the department of transportation.

    3.  A tenant of a mobile home park may exhibit a political sign within a right of way of a state highway or road which is owned or controlled by the department of transportation if the tenant exhibits the sign within the boundary of his lot and in accordance with the requirements and limitations set forth in NRS 118B.145. As used in this subsection, the term “political sign” has the meaning ascribed to it in NRS 118B.145.

    Sec. 6.  NRS 405.110 is hereby amended to read as follows:

    405.110  1.  Except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, [or] 268.081 and 268.083 [,] or 269.128 and 269.129, no advertising signs, signboards, boards or other materials containing advertising matter may:

    (a) Except as otherwise provided in subsection 3, be placed upon or over any state highway.

    (b) Except as otherwise provided in subsections 3 and 4, be placed within the highway right of way.

    (c) Except as otherwise provided in subsection 3, be placed upon any bridge or other structure thereon.

    (d) Be so situated with respect to any public highway as to obstruct clear vision of an intersecting highway or highways or otherwise so situated as to constitute a hazard upon or prevent the safe use of the state highway.

    2.  With the permission of the department of transportation, counties, towns or cities of this state may place at such points as are designated by the director of the department of transportation suitable signboards advertising the counties, towns or municipalities.

    3.  A person may place an advertising sign, signboard, board or other material containing advertising matter in any airspace above a highway if:

    (a) The department of transportation has leased the airspace to the person pursuant to subsection 2 of NRS 408.507, the airspace is over an interstate highway and:

         (1) The purpose of the sign, signboard, board or other material is to identify a commercial establishment that is entirely located within the airspace, services rendered, or goods produced or sold upon the commercial establishment or that the facility or property that is located within the airspace is for sale or lease; and

         (2) The size, location and design of the sign, signboard, board or other material and the quantity of signs, signboards, boards or other materials have been approved by the department of transportation; or

    (b) The person owns real property adjacent to an interstate highway and:


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ê2001 Statutes of Nevada, Page 848 (Chapter 169, AB 537)ê

 

         (1) The person has dedicated to a public authority a fee or perpetual easement interest in at least one acre of the property for the construction or maintenance, or both, of the highway over which he is placing the sign, signboard, board or other material and the person retained the air rights in the airspace above the property for which the person has dedicated the interest;

         (2) The sign, signboard, board or other material is located in the airspace for which the person retained the air rights;

         (3) The structure that supports the sign, signboard, board or other material is not located on the property for which the person dedicated the fee or easement interest to the public authority, and the public authority determines that the location of the structure does not create a traffic hazard; and

         (4) The purpose of the sign, signboard, board or other material is to identify an establishment or activity that is located on the real property adjacent to the interstate highway, or services rendered or goods provided or sold on that property.

    4.  A tenant of a mobile home park may exhibit a political sign within a right of way of a state highway or road which is owned or controlled by the department of transportation if the tenant exhibits the sign within the boundary of his lot and in accordance with the requirements and limitations set forth in NRS 118B.145. As used in this subsection, the term “political sign” has the meaning ascribed to it in NRS 118B.145.

    5.  If any such sign is placed in violation of this section, it is thereby declared a public nuisance and may be removed forthwith by the department of transportation or the public authority.

    6.  Any person placing any such sign in violation of the provisions of this section shall be punished by a fine of not more than $250, and is also liable in damages for any injury or injuries incurred or for injury to or loss of property sustained by any person by reason of the violation.

    Sec. 7.  NRS 484.287 is hereby amended to read as follows:

    484.287  1.  It is unlawful for any person to place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any such device, sign or signal, and except as otherwise provided in subsection 4, a person shall not place or maintain nor may any public authority permit upon any highway any sign, signal or marking bearing thereon any commercial advertising except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, [or] 268.081 and 268.083 [.] or 269.128 and 269.129.

    2.  Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the proper public authority may remove the same or cause it to be removed without notice.

    3.  This section does not prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official traffic-control devices.

    4.  A person may place and maintain commercial advertising in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110, and a public authority may permit commercial advertising that has been placed in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110.


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ê2001 Statutes of Nevada, Page 849 (Chapter 169, AB 537)ê

 

advertising that has been placed in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110.

________

 

CHAPTER 170, AB 571

Assembly Bill No. 571–Committee on Government Affairs

 

CHAPTER 170

 

AN ACT relating to counties; authorizing a board of county commissioners to provide by ordinance for the covering or removal of certain graffiti on certain types of property; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

    Sec. 2.  “Graffiti” means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on the public or private property, real or personal, of another, which defaces such property.

    Sec. 3.  “Residential property” means a parcel of land, including all structures thereon, that is zoned for single-family residential use.

    Sec. 4.  1.  The board of county commissioners may adopt by ordinance procedures pursuant to which officers, employees or other designees of the county may cover or remove graffiti that is:

    (a) Placed on the exterior of a fence or wall located on the perimeter of residential property; and

    (b) Visible from a public right of way.

    2.  An ordinance adopted pursuant to subsection 1 must provide that:

    (a) Officers, employees or other designees of the county shall not cover or remove the graffiti unless:

         (1) The owner of the residential property consents to the covering or removal of the graffiti; or

         (2) If the board of county commissioners or its designee is unable to contact the owner of the residential property to obtain his consent, the board first provides the owner of the property with written notice that is:

             (I) Sent by certified mail, return receipt requested; and

             (II) Posted on the residential property on which the graffiti will be covered or from which the graffiti will be removed,

at least 5 days before the officers, employees or other designees of the county cover or remove the graffiti.

    (b) The county shall pay the cost of covering or removing the graffiti.

    Sec. 5.  1.  The board of county commissioners of a county may adopt by ordinance procedures pursuant to which the board or its designee may order an owner of nonresidential property within the county to cover or remove graffiti that is:

    (a) Placed on that nonresidential property; and

    (b) Visible from a public right of way,

to protect the public health, safety and welfare of the residents of the county and to prevent blight upon the community.

    2.  An ordinance adopted pursuant to subsection 1 must:


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ê2001 Statutes of Nevada, Page 850 (Chapter 170, AB 571)ê

 

    (a) Contain procedures pursuant to which the owner of the property is:

         (1) Sent notice, by certified mail, return receipt requested, of the existence on his property of graffiti and the date by which he must cover or remove the graffiti; and

         (2) Afforded an opportunity for a hearing and an appeal before the board or its designee.

    (b) Provide that the date specified in the notice by which the owner must cover or remove the graffiti is tolled for the period during which the owner requests a hearing and receives a decision.

    (c) Provide the manner in which the county will recover money expended for labor and materials used to cover or remove the graffiti if the owner fails to cover or remove the graffiti.

    3.  The board or its designee may direct the county to cover or remove the graffiti and may recover the amount expended by the county for labor and materials used to cover or remove the graffiti if:

    (a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to cover or remove the graffiti within the period specified in the notice;

    (b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to cover or remove the graffiti within the period specified in the order; or

    (c) The board has denied the appeal of the owner and the owner has failed to cover or remove the graffiti within the period specified in the order.

    4.  In addition to any other reasonable means of recovering money expended by the county to cover or remove the graffiti, the board may:

    (a) Provide that the cost of covering or removing the graffiti is a lien upon the nonresidential property on which the graffiti was covered or from which the graffiti was removed; or

    (b) Make the cost of covering or removing the graffiti a special assessment against the nonresidential property on which the graffiti was covered or from which the graffiti was removed.

    5.  A lien authorized pursuant to paragraph (a) of subsection 4 must be perfected by:

    (a) Mailing by certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the nonresidential property is located; and

    (b) Filing with the county recorder of the county in which the nonresidential property is located, a statement of the amount due and unpaid and describing the property subject to the lien.

    6.  A special assessment authorized pursuant to paragraph (b) of subsection 4 may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.

    7.  As used in this section, “nonresidential property” means all real property other than residential property. The term does not include real property owned by a governmental entity.


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ê2001 Statutes of Nevada, Page 851 (Chapter 170, AB 571)ê

 

    Sec. 6.  NRS 244.3691 is hereby amended to read as follows:

    244.3691  As used in this section and NRS 244.3693 and 244.3695, [“graffiti” means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on the public or private property, real or personal, of another, which defaces such property.] and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2 and 3 of this act have the meanings ascribed to them in those sections.

    Sec. 7.  This act becomes effective upon passage and approval.

________

 

CHAPTER 171, AB 629

Assembly Bill No. 629–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 171

 

AN ACT relating to petroleum products; clarifying the standards for regulating petroleum products used in internal combustion engines; revising the definition of “petroleum products”; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 590.020 is hereby amended to read as follows:

    590.020  As used in NRS 590.010 to 590.330, inclusive, unless the context otherwise requires:

    1.  “Additives” means a substance to be added to a motor oil or lubricating oil to impart or improve desirable properties or to suppress undesirable properties.

    2.  “Advertising medium” means any sign, printed or written matter, or device for oral or visual communication.

    3.  “Performance rating” means the system adopted by the American Petroleum Institute for the classification of uses for which an oil is designed.

    4.  “Petroleum products” means gasoline, diesel fuel, burner fuel kerosene, motor vehicle fuel, lubricating oil, motor oil or any product represented as motor oil or lubricating oil. The term does not include liquefied petroleum gas , natural gas or motor oil additives.

    5.  “Recycled oil” means a petroleum product which is prepared from used motor oil or used lubricating oil. The term includes rerefined oil.

    6.  “Rerefined oil” means used oil which is refined after its previous use to remove from the oil any contaminants acquired during the previous use.

    7.  “Used oil” means any oil which has been refined from crude or synthetic oil and, as a result of use, has become unsuitable for its original purpose because of a loss of its original properties or the presence of impurities, but which may be suitable for another use or economically recycled.

    8.  “Viscosity grade classification” means the measure of an oil’s resistance to flow at a given temperature according to the grade classification system of the Society of Automotive Engineers or other grade classification.


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ê2001 Statutes of Nevada, Page 852 (Chapter 171, AB 629)ê

 

    Sec. 2.   NRS 590.070 is hereby amended to read as follows:

    590.070  1.  The state board of agriculture shall adopt regulations relating to the standards for [fuel, including diesel fuel] petroleum products used in internal combustion engines, which are substantially similar to the laws and regulations of the State of California relating to those standards.

    2.  The state board of agriculture shall review each amendment, repeal or other revision of a law or regulation of the State of California relating to those standards to determine its appropriateness for this state. The board shall adopt any regulation based on a law or regulation of the State of California which the board determines is necessary or appropriate for this state to ensure that the regulations adopted by the board remain substantially similar to the laws and regulations adopted by the State of California concerning those standards.

    3.  It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, assist in the sale of, deliver or permit to be sold or offered for sale, any petroleum or petroleum product as, or purporting to be, gasoline or diesel fuel, unless it conforms with the regulations adopted by the state board of agriculture pursuant to this section.

    4.  This section does not apply to aviation fuel.

    5.  In addition to any criminal penalty that is imposed pursuant to the provisions of NRS 590.150, any person who violates any provision of this section may be further punished as provided in NRS 590.071.

    Sec. 3.  NRS 590.071 is hereby amended to read as follows:

    590.071  1.  The state board of agriculture shall:

    (a) Enforce the standards relating to [the quality of fuel established] petroleum products adopted pursuant to NRS 590.070.

    (b) Adopt regulations specifying a schedule of fines that it may impose, upon notice and hearing, for each violation of the provisions of NRS 590.070. The maximum fine that may be imposed by the board for each violation must not exceed $5,000 per day. All fines collected by the board pursuant to the regulations adopted pursuant to this subsection must be remitted to the county treasurer of the county in which the violation occurred for credit to the county school district fund.

    2.  The state board of agriculture may:

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

    (b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the board suspects may have violated any provision of NRS 590.070.

________

 


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ê2001 Statutes of Nevada, Page 853ê

 

CHAPTER 172, AB 639

Assembly Bill No. 639–Committee on Transportation

 

CHAPTER 172

 

AN ACT relating to taxes; exempting from the tax on special fuel sales of special fuel for use in operating special mobile equipment; limiting the circumstances under which special fuel must be dyed before it is removed for distribution from a rack; authorizing a person to operate or maintain on certain highways special mobile equipment or farm equipment using dyed special fuel under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 366.110 is hereby amended to read as follows:

    366.110  The department:

    1.  Shall enforce the provisions of this chapter.

    2.  May adopt and enforce regulations relating to the administration and enforcement of this chapter.

    3.  Shall, by regulation, define “incidentally operated or moved upon a highway” for the purpose of NRS 366.085.

    4.  May determine whether any particular vehicle not specified in NRS 366.085 is special mobile equipment.

    [4.  Shall, on or before March 1, 2001, prepare and submit a written report concerning the administration and enforcement, during the immediately preceding biennium, of the provisions of this chapter as those provisions relate to the use of special fuel, to the director of the legislature counsel bureau for transmittal to the 71st session of the legislature.]

    Sec. 2.  NRS 366.200 is hereby amended to read as follows:

    366.200  1.  The sale or use of special fuel for any purpose other than to propel a motor vehicle upon the public highways of Nevada is exempt from the application of the tax imposed by NRS 366.190. The exemption provided in this subsection applies only in those cases where the purchasers or the users of special fuel establish to the satisfaction of the department that the special fuel purchased or used was used for purposes other than to propel a motor vehicle upon the public highways of Nevada.

    2.  Sales made to the United States Government or any instrumentality thereof are exempt from the tax imposed by this chapter.

    3.  Sales made to any state, county, municipality, district or other political subdivision thereof are exempt from the tax imposed by this chapter.

    4.  Sales made to any person to be used to propel a motor vehicle which is dedicated for exclusive use as part of a system which:

    (a) Operates motor vehicles for public transportation in an urban area;

    (b) Transports persons who pay the established fare; and

    (c) Uses public money to operate the system or acquire new equipment,

are [exempted] exempt from the tax imposed by this chapter.

    5.  Sales made to any person for use in operating special mobile equipment are exempt from the tax imposed by this chapter.


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ê2001 Statutes of Nevada, Page 854 (Chapter 172, AB 639)ê

 

    Sec. 3.  NRS 366.203 is hereby amended to read as follows:

    366.203  1.  Special fuel, other than compressed natural gas, liquefied petroleum gas or kerosene, which is exempt from the tax pursuant to subsection 3 or 4 of NRS 366.200 must be dyed before it is removed for distribution from a rack. The dye added to the exempt special fuel must be of the color and concentration required by the regulations adopted by the Secretary of the Treasury pursuant to 26 U.S.C. § 4082.

    2.  Except as otherwise provided in [subsection 3,] subsections 3 and 4, a person shall not operate or maintain on any highway in this state a motor vehicle which contains in the fuel tank of that vehicle special fuel which has been dyed.

    3.  A person who, pursuant to subsection 2, 3 or 4 of NRS 366.200 is exempt from the tax imposed by this chapter, may operate or maintain a motor vehicle on a highway in this state which contains in the fuel tank of that vehicle special fuel which has been dyed.

    4.  A person may operate or maintain on a highway in this state any special mobile equipment or farm equipment that contains in the fuel tank of the special mobile equipment or farm equipment special fuel which has been dyed. As used in this subsection:

    (a) “Farm equipment” means any self-propelled machinery or motor vehicle that is designed solely for tilling soil or for cultivating, harvesting or transporting crops or other agricultural products from a field or other area owned or leased by the operator of the farm equipment and in which the crops or agricultural products are grown, to a field, yard, silo, cellar, shed or other facility which is:

         (1) Owned or leased by the operator of the farm equipment; and

         (2) Used to store or process the crops or agricultural products.

The term includes a tractor, baler or swather or any implement used to retrieve hay.

    (b) “Highway” does not include a controlled-access highway as defined in NRS 484.041.

    5.  There is a rebuttable presumption that all special fuel which has not been dyed and which is sold or distributed in this state is for the purpose of propelling a motor vehicle.

    Sec. 4.  This act becomes effective on July 1, 2001.

________

 


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ê2001 Statutes of Nevada, Page 855ê

 

CHAPTER 173, SB 492

Senate Bill No. 492–Committee on Finance

 

CHAPTER 173

 

AN ACT relating to state financial administration; clarifying the provisions governing the transfer of money to the fund to stabilize the operation of the state government; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 353.288 is hereby amended to read as follows:

    353.288  1.  The fund to stabilize the operation of the state government is hereby created as a special revenue fund. Except as otherwise provided in subsections 2 and 3, each year after the close of the fiscal year and before the issuance of the controller’s annual report the state controller shall deposit to the credit of the fund [two-fifths of any revenue in the state general fund collected by the state for general, unrestricted uses, and not for special purposes, in excess of the amount necessary to:

    (a) Pay all appropriations made for the support of the state government for the fiscal year in which that revenue will be deposited in the fund; and

    (b) Attain the reserve required by NRS 353.213.] 40 percent of the unrestricted balance of the state general fund, as of the close of the fiscal year, which remains after subtracting an amount equal to 10 percent of all appropriations made from the state general fund during that year for the operation of all departments, institutions and agencies of state government and for the funding of schools.

    2.  The balance in the fund must not exceed 10 percent of the total of all appropriations from the state general fund for the operation of all departments, institutions and agencies of the state government and for the funding of schools and authorized expenditures from the state general fund for the regulation of gaming for the fiscal year in which that revenue will be deposited in the fund.

    3.  Except as otherwise provided in this subsection and NRS 353.2735, beginning with the fiscal year that begins on July 1, 1999, the state controller shall, at the end of each quarter of a fiscal year, transfer from the state general fund to the disaster relief fund created pursuant to NRS 353.2735 an amount equal to one-half of the interest earned on money in the fund to stabilize the operation of state government during the previous quarter. The state controller shall not transfer more than $500,000 for any quarter pursuant to this subsection.

    4.  Money from the fund to stabilize the operation of the state government may be appropriated only:

    (a) If the total actual revenue of the state falls short by 5 percent or more of the total anticipated revenue for the biennium in which the appropriation is made; or

    (b) If the legislature and the governor declare that a fiscal emergency exists.


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ê2001 Statutes of Nevada, Page 856 (Chapter 173, SB 492)ê

 

    Sec. 2.  The amendatory provisions of section 1 of this act:

    1.  Are intended to clarify the original intent of the legislature when it enacted and subsequently amended NRS 353.288; and

    2.  Apply retroactively to the deposit required for fiscal year 1999-2000.

    Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 174, SB 2

Senate Bill No. 2–Senator Amodei

 

CHAPTER 174

 

AN ACT relating to insurance; requiring a provider of coverage for prescription drugs to disclose certain information regarding the use of a formulary; prohibiting such a provider from limiting or excluding coverage for a prescribed drug under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 689A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  An insurer that offers or issues a policy of health insurance which provides coverage for prescription drugs shall include with any summary, certificate or evidence of that coverage provided to an insured, notice of whether a formulary is used and, if so, of the opportunity to secure information regarding the formulary from the insurer pursuant to subsection 2. The notice required by this subsection must:

    (a) Be in a language that is easily understood and in a format that is easy to understand;

    (b) Include an explanation of what a formulary is; and

    (c) If a formulary is used, include:

         (1) An explanation of:

             (I) How often the contents of the formulary are reviewed; and

             (II) The procedure and criteria for determining which prescription drugs are included in and excluded from the formulary; and

         (2) The telephone number of the insurer for making a request for information regarding the formulary pursuant to subsection 2.

    2.  If an insurer offers or issues a policy of health insurance which provides coverage for prescription drugs and a formulary is used, the insurer shall:

    (a) Provide to any insured or participating provider of health care, upon request:

         (1) Information regarding whether a specific drug is included in the formulary.

         (2) Access to the most current list of prescription drugs in the formulary, organized by major therapeutic category, with an indication of whether any listed drugs are preferred over other listed drugs. If more than one formulary is maintained, the insurer shall notify the requester that a choice of formulary lists is available.


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ê2001 Statutes of Nevada, Page 857 (Chapter 174, SB 2)ê

 

    (b) Notify each person who requests information regarding the formulary, that the inclusion of a drug in the formulary does not guarantee that a provider of health care will prescribe that drug for a particular medical condition.

    Sec. 3.  1.  Except as otherwise provided in this section, a policy of health insurance which provides coverage for prescription drugs must not limit or exclude coverage for a drug if the drug:

    (a) Had previously been approved for coverage by the insurer for a medical condition of an insured and the insured’s provider of health care determines, after conducting a reasonable investigation, that none of the drugs which are otherwise currently approved for coverage are medically appropriate for the insured; and

    (b) Is appropriately prescribed and considered safe and effective for treating the medical condition of the insured.

    2.  The provisions of subsection 1 do not:

    (a) Apply to coverage for any drug that is prescribed for a use that is different from the use for which that drug has been approved for marketing by the Food and Drug Administration;

    (b) Prohibit:

         (1) The insurer from charging a deductible, copayment or coinsurance for the provision of benefits for prescription drugs to the insured or from establishing, by contract, limitations on the maximum coverage for prescription drugs;

         (2) A provider of health care from prescribing another drug covered by the policy that is medically appropriate for the insured; or

         (3) The substitution of another drug pursuant to NRS 639.23286 or 639.2583 to 639.2599, inclusive; or

    (c) Require any coverage for a drug after the term of the policy.

    3.  Any provision of a policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2001, which is in conflict with this section is void.

    Sec. 4.  Chapter 689B of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.

    Sec. 5.  1.  An insurer that offers or issues a policy of group health insurance which provides coverage for prescription drugs shall include with any summary, certificate or evidence of that coverage provided to an insured, notice of whether a formulary is used and, if so, of the opportunity to secure information regarding the formulary from the insurer pursuant to subsection 2. The notice required by this subsection must:

    (a) Be in a language that is easily understood and in a format that is easy to understand;

    (b) Include an explanation of what a formulary is; and

    (c) If a formulary is used, include:

         (1) An explanation of:

             (I) How often the contents of the formulary are reviewed; and

             (II) The procedure and criteria for determining which prescription drugs are included in and excluded from the formulary; and

         (2) The telephone number of the insurer for making a request for information regarding the formulary pursuant to subsection 2.

    2.  If an insurer offers or issues a policy of group health insurance which provides coverage for prescription drugs and a formulary is used, the insurer shall:


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

ê2001 Statutes of Nevada, Page 858 (Chapter 174, SB 2)ê

 

    (a) Provide to any insured or participating provider of health care, upon request:

         (1) Information regarding whether a specific drug is included in the formulary.

         (2) Access to the most current list of prescription drugs in the formulary, organized by major therapeutic category, with an indication of whether any listed drugs are preferred over other listed drugs. If more than one formulary is maintained, the insurer shall notify the requester that a choice of formulary lists is available.

    (b) Notify each person who requests information regarding the formulary, that the inclusion of a drug in the formulary does not guarantee that a provider of health care will prescribe that drug for a particular medical condition.

    Sec. 6.  1.  Except as otherwise provided in this section, a policy of group health insurance which provides coverage for prescription drugs must not limit or exclude coverage for a drug if the drug:

    (a) Had previously been approved for coverage by the insurer for a medical condition of an insured and the insured’s provider of health care determines, after conducting a reasonable investigation, that none of the drugs which are otherwise currently approved for coverage are medically appropriate for the insured; and

    (b) Is appropriately prescribed and considered safe and effective for treating the medical condition of the insured.

    2.  The provisions of subsection 1 do not:

    (a) Apply to coverage for any drug that is prescribed for a use that is different from the use for which that drug has been approved for marketing by the Food and Drug Administration;

    (b) Prohibit:

         (1) The insurer from charging a deductible, copayment or coinsurance for the provision of benefits for prescription drugs to the insured or from establishing, by contract, limitations on the maximum coverage for prescription drugs;

         (2) A provider of health care from prescribing another drug covered by the policy that is medically appropriate for the insured; or

         (3) The substitution of another drug pursuant to NRS 639.23286 or 639.2583 to 639.2599, inclusive; or

    (c) Require any coverage for a drug after the term of the policy.

    3.  Any provision of a policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2001, which is in conflict with this section is void.

    Sec. 7.  Chapter 689C of NRS is hereby amended by adding thereto the provisions set forth as sections 8, 9 and 10 of this act.

    Sec. 8.  1.  A carrier that offers or issues a health benefit plan which provides coverage for prescription drugs shall include with any summary, certificate or evidence of that coverage provided to an insured, notice of whether a formulary is used and, if so, of the opportunity to secure information regarding the formulary from the carrier pursuant to subsection 2. The notice required by this subsection must:

    (a) Be in a language that is easily understood and in a format that is easy to understand;

    (b) Include an explanation of what a formulary is; and

    (c) If a formulary is used, include:


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

ê2001 Statutes of Nevada, Page 859 (Chapter 174, SB 2)ê

 

         (1) An explanation of:

             (I) How often the contents of the formulary are reviewed; and

             (II) The procedure and criteria for determining which prescription drugs are included in and excluded from the formulary; and

         (2) The telephone number of the carrier for making a request for information regarding the formulary pursuant to subsection 2.

    2.  If a carrier offers or issues a health benefit plan which provides coverage for prescription drugs and a formulary is used, the carrier shall:

    (a) Provide to any insured or participating provider of health care, upon request:

         (1) Information regarding whether a specific drug is included in the formulary.

         (2) Access to the most current list of prescription drugs in the formulary, organized by major therapeutic category, with an indication of whether any listed drugs are preferred over other listed drugs. If more than one formulary is maintained, the carrier shall notify the requester that a choice of formulary lists is available.

    (b) Notify each person who requests information regarding the formulary, that the inclusion of a drug in the formulary does not guarantee that a provider of health care will prescribe that drug for a particular medical condition.

    Sec. 9.  1.  Except as otherwise provided in this section, a health benefit plan which provides coverage for prescription drugs must not limit or exclude coverage for a drug if the drug:

    (a) Had previously been approved for coverage by the carrier for a medical condition of an insured and the insured’s provider of health care determines, after conducting a reasonable investigation, that none of the drugs which are otherwise currently approved for coverage are medically appropriate for the insured; and

    (b) Is appropriately prescribed and considered safe and effective for treating the medical condition of the insured.

    2.  The provisions of subsection 1 do not:

    (a) Apply to coverage for any drug that is prescribed for a use that is different from the use for which that drug has been approved for marketing by the Food and Drug Administration;

    (b) Prohibit:

         (1) The carrier from charging a deductible, copayment or coinsurance for the provision of benefits for prescription drugs to the insured or from establishing, by contract, limitations on the maximum coverage for prescription drugs;

         (2) A provider of health care from prescribing another drug covered by the plan that is medically appropriate for the insured; or

         (3) The substitution of another drug pursuant to NRS 639.23286 or 639.2583 to 639.2599, inclusive; or

    (c) Require any coverage for a drug after the term of the plan.

    3.  Any provision of a health benefit plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2001, which is in conflict with this section is void.

    Sec. 10.  1.  A carrier that offers or issues a contract which provides coverage for prescription drugs shall include with any summary, certificate or evidence of that coverage provided to an insured, notice of whether a formulary is used and, if so, of the opportunity to secure information regarding the formulary from the carrier pursuant to subsection 2.


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

ê2001 Statutes of Nevada, Page 860 (Chapter 174, SB 2)ê

 

regarding the formulary from the carrier pursuant to subsection 2. The notice required by this subsection must:

    (a) Be in a language that is easily understood and in a format that is easy to understand;

    (b) Include an explanation of what a formulary is; and

    (c) If a formulary is used, include:

         (1) An explanation of:

             (I) How often the contents of the formulary are reviewed; and

             (II) The procedure and criteria for determining which prescription drugs are included in and excluded from the formulary; and

         (2) The telephone number of the carrier for making a request for information regarding the formulary pursuant to subsection 2.

    2.  If a carrier offers or issues a contract which provides coverage for prescription drugs and a formulary is used, the carrier shall:

    (a) Provide to any insured or participating provider of health care, upon request:

         (1) Information regarding whether a specific drug is included in the formulary.

         (2) Access to the most current list of prescription drugs in the formulary, organized by major therapeutic category, with an indication of whether any listed drugs are preferred over other listed drugs. If more than one formulary is maintained, the carrier shall notify the requester that a choice of formulary lists is available.

    (b) Notify each person who requests information regarding the formulary, that the inclusion of a drug in the formulary does not guarantee that a provider of health care will prescribe that drug for a particular medical condition.

    Sec. 11.  NRS 689C.425 is hereby amended to read as follows:

    689C.425  A voluntary purchasing group and any contract issued to such a group pursuant to NRS 689C.360 to 689C.600, inclusive, and section 10 of this act are subject to the provisions of NRS 689C.015 to 689C.355, inclusive, and sections 8 and 9 of this act to the extent applicable and not in conflict with the express provisions of NRS 689C.360 to 689C.600, inclusive, and [this section.] section 10 of this act.

    Sec. 12.  Chapter 695A of NRS is hereby amended by adding thereto the provisions set forth as sections 13 and 14 of this act.

    Sec. 13.  1.  A society that offers or issues a benefit contract which provides coverage for prescription drugs shall include with any certificate for such a contract provided to a benefit member, notice of whether a formulary is used and, if so, of the opportunity to secure information regarding the formulary from the society pursuant to subsection 2. The notice required by this subsection must:

    (a) Be in a language that is easily understood and in a format that is easy to understand;

    (b) Include an explanation of what a formulary is; and

    (c) If a formulary is used, include:

         (1) An explanation of:

             (I) How often the contents of the formulary are reviewed; and

             (II) The procedure and criteria for determining which prescription drugs are included in and excluded from the formulary; and

         (2) The telephone number of the society for making a request for information regarding the formulary pursuant to subsection 2.


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

ê2001 Statutes of Nevada, Page 861 (Chapter 174, SB 2)ê

 

    2.  If a society offers or issues a benefit contract which provides coverage for prescription drugs and a formulary is used, the society shall:

    (a) Provide to any insured or participating provider of health care, upon request:

         (1) Information regarding whether a specific drug is included in the formulary.

         (2) Access to the most current list of prescription drugs in the formulary, organized by major therapeutic category, with an indication of whether any listed drugs are preferred over other listed drugs. If more than one formulary is maintained, the society shall notify the requester that a choice of formulary lists is available.

    (b) Notify each person who requests information regarding the formulary, that the inclusion of a drug in the formulary does not guarantee that a provider of health care will prescribe that drug for a particular medical condition.

    Sec. 14.  1.  Except as otherwise provided in this section, a benefit contract which provides coverage for prescription drugs must not limit or exclude coverage for a drug if the drug:

    (a) Had previously been approved for coverage by the society for a medical condition of an insured and the insured’s provider of health care determines, after conducting a reasonable investigation, that none of the drugs which are otherwise currently approved for coverage are medically appropriate for the insured; and

    (b) Is appropriately prescribed and considered safe and effective for treating the medical condition of the insured.

    2.  The provisions of subsection 1 do not:

    (a) Apply to coverage for any drug that is prescribed for a use that is different from the use for which that drug has been approved for marketing by the Food and Drug Administration;

    (b) Prohibit:

         (1) The society from charging a deductible, copayment or coinsurance for the provision of benefits for prescription drugs to the insured or from establishing, by contract, limitations on the maximum coverage for prescription drugs;

         (2) A provider of health care from prescribing another drug covered by the benefit contract that is medically appropriate for the insured; or

         (3) The substitution of another drug pursuant to NRS 639.23286 or 639.2583 to 639.2599, inclusive; or

    (c) Require any coverage for a drug after the term of the benefit contract.

    3.  Any provision of a benefit contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2001, which is in conflict with this section is void.

    Sec. 15.  Chapter 695B of NRS is hereby amended by adding thereto the provisions set forth as sections 16 and 17 of this act.

    Sec. 16.  1.  An insurer that offers or issues a contract for hospital or medical services which provides coverage for prescription drugs shall include with any summary, certificate or evidence of that coverage provided to an insured, notice of whether a formulary is used and, if so, of the opportunity to secure information regarding the formulary from the insurer pursuant to subsection 2. The notice required by this subsection must:


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

ê2001 Statutes of Nevada, Page 862 (Chapter 174, SB 2)ê

 

    (a) Be in a language that is easily understood and in a format that is easy to understand;

    (b) Include an explanation of what a formulary is; and

    (c) If a formulary is used, include:

         (1) An explanation of:

             (I) How often the contents of the formulary are reviewed; and

             (II) The procedure and criteria for determining which prescription drugs are included in and excluded from the formulary; and

         (2) The telephone number of the insurer for making a request for information regarding the formulary pursuant to subsection 2.

    2.  If an insurer offers or issues a contract for hospital or medical services which provides coverage for prescription drugs and a formulary is used, the insurer shall:

    (a) Provide to any insured or participating provider of health care, upon request:

         (1) Information regarding whether a specific drug is included in the formulary.

         (2) Access to the most current list of prescription drugs in the formulary, organized by major therapeutic category, with an indication of whether any listed drugs are preferred over other listed drugs. If more than one formulary is maintained, the insurer shall notify the requester that a choice of formulary lists is available.

    (b) Notify each person who requests information regarding the formulary, that the inclusion of a drug in the formulary does not guarantee that a provider of health care will prescribe that drug for a particular medical condition.

    Sec. 17.  1.  Except as otherwise provided in this section, a contract for hospital or medical services which provides coverage for prescription drugs must not limit or exclude coverage for a drug if the drug:

    (a) Had previously been approved for coverage by the insurer for a medical condition of an insured and the insured’s provider of health care determines, after conducting a reasonable investigation, that none of the drugs which are otherwise currently approved for coverage are medically appropriate for the insured; and

    (b) Is appropriately prescribed and considered safe and effective for treating the medical condition of the insured.

    2.  The provisions of subsection 1 do not:

    (a) Apply to coverage for any drug that is prescribed for a use that is different from the use for which that drug has been approved for marketing by the Food and Drug Administration;

    (b) Prohibit:

         (1) The insurer from charging a deductible, copayment or coinsurance for the provision of benefits for prescription drugs to the insured or from establishing, by contract, limitations on the maximum coverage for prescription drugs;

         (2) A provider of health care from prescribing another drug covered by the contract that is medically appropriate for the insured; or

         (3) The substitution of another drug pursuant to NRS 639.23286 or 639.2583 to 639.2599, inclusive; or

    (c) Require any coverage for a drug after the term of the contract.


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

ê2001 Statutes of Nevada, Page 863 (Chapter 174, SB 2)ê

 

    3.  Any provision of a contract for hospital or medical services subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2001, which is in conflict with this section is void.

    Sec. 18.  Chapter 695C of NRS is hereby amended by adding thereto the provisions set forth as sections 19 and 20 of this act.

    Sec. 19.  1.  A health maintenance organization or insurer that offers or issues evidence of coverage which provides coverage for prescription drugs shall include with any evidence of that coverage provided to an enrollee, notice of whether a formulary is used and, if so, of the opportunity to secure information regarding the formulary from the organization or insurer pursuant to subsection 2. The notice required by this subsection must:

    (a) Be in a language that is easily understood and in a format that is easy to understand;

    (b) Include an explanation of what a formulary is; and

    (c) If a formulary is used, include:

         (1) An explanation of:

             (I) How often the contents of the formulary are reviewed; and

             (II) The procedure and criteria for determining which prescription drugs are included in and excluded from the formulary; and

         (2) The telephone number of the organization or insurer for making a request for information regarding the formulary pursuant to subsection 2.

    2.  If a health maintenance organization or insurer offers or issues evidence of coverage which provides coverage for prescription drugs and a formulary is used, the organization or insurer shall:

    (a) Provide to any enrollee or participating provider of health care upon request:

         (1) Information regarding whether a specific drug is included in the formulary.

         (2) Access to the most current list of prescription drugs in the formulary, organized by major therapeutic category, with an indication of whether any listed drugs are preferred over other listed drugs. If more than one formulary is maintained, the organization or insurer shall notify the requester that a choice of formulary lists is available.

    (b) Notify each person who requests information regarding the formulary, that the inclusion of a drug in the formulary does not guarantee that a provider of health care will prescribe that drug for a particular medical condition.

    Sec. 20.  1.  Except as otherwise provided in this section, evidence of coverage which provides coverage for prescription drugs must not limit or exclude coverage for a drug if the drug:

    (a) Had previously been approved for coverage by the health maintenance organization or insurer for a medical condition of an enrollee and the enrollee’s provider of health care determines, after conducting a reasonable investigation, that none of the drugs which are otherwise currently approved for coverage are medically appropriate for the enrollee; and

    (b) Is appropriately prescribed and considered safe and effective for treating the medical condition of the enrollee.

    2.  The provisions of subsection 1 do not:


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

ê2001 Statutes of Nevada, Page 864 (Chapter 174, SB 2)ê

 

    (a) Apply to coverage for any drug that is prescribed for a use that is different from the use for which that drug has been approved for marketing by the Food and Drug Administration;

    (b) Prohibit:

         (1) The health maintenance organization or insurer from charging a deductible, copayment or coinsurance for the provision of benefits for prescription drugs to the enrollee or from establishing, by contract, limitations on the maximum coverage for prescription drugs;

         (2) A provider of health care from prescribing another drug covered by the evidence of coverage that is medically appropriate for the enrollee; or

         (3) The substitution of another drug pursuant to NRS 639.23286 or 639.2583 to 639.2599, inclusive; or

    (c) Require any coverage for a drug after the term of the evidence of coverage.

    3.  Any provision of an evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2001, which is in conflict with this section is void.

    Sec. 21.  NRS 695C.050 is hereby amended to read as follows:

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

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

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

    4.  The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive, and sections 19 and 20 of this act, NRS 695C.250 and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the state plan for Medicaid or insurance pursuant to the children’s health insurance program pursuant to a contract with the division of health care financing and policy of the department of human resources. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

    5.  The provisions of NRS 695C.1694 and 695C.1695 apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the state plan for Medicaid.

    Sec. 22.  Chapter 695F of NRS is hereby amended by adding thereto the provisions set forth as sections 23 and 24 of this act.

    Sec. 23.  1.  A prepaid limited health service organization that offers or issues evidence of coverage which provides coverage for prescription drugs shall include with any evidence of that coverage provided to a subscriber, notice of whether a formulary is used and, if so, of the opportunity to secure information regarding the formulary from the organization pursuant to subsection 2.


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

ê2001 Statutes of Nevada, Page 865 (Chapter 174, SB 2)ê

 

organization pursuant to subsection 2. The notice required by this subsection must:

    (a) Be in a language that is easily understood and in a format that is easy to understand;

    (b) Include an explanation of what a formulary is; and

    (c) If a formulary is used, include:

         (1) An explanation of:

             (I) How often the contents of the formulary are reviewed; and

             (II) The procedure and criteria for determining which prescription drugs are included in and excluded from the formulary; and

         (2) The telephone number of the organization for making a request for information regarding the formulary pursuant to subsection 2.

    2.  If a prepaid limited health service organization offers or issues evidence of coverage which provides coverage for prescription drugs and a formulary is used, the organization shall:

    (a) Provide to any enrollee or participating provider of health care, upon request:

         (1) Information regarding whether a specific drug is included in the formulary.

         (2) Access to the most current list of prescription drugs in the formulary, organized by major therapeutic category, with an indication of whether any listed drugs are preferred over other listed drugs. If more than one formulary is maintained, the organization shall notify the requester that a choice of formulary lists is available.

    (b) Notify each person who requests information regarding the formulary, that the inclusion of a drug in the formulary does not guarantee that a provider of health care will prescribe that drug for a particular medical condition.

    Sec. 24.  1.  Except as otherwise provided in this section, evidence of coverage which provides coverage for prescription drugs must not limit or exclude coverage for a drug if the drug:

    (a) Had previously been approved for coverage by the prepaid limited health service organization for a medical condition of an enrollee and the enrollee’s provider of health care determines, after conducting a reasonable investigation, that none of the drugs which are otherwise currently approved for coverage are medically appropriate for the enrollee; and

    (b) Is appropriately prescribed and considered safe and effective for treating the medical condition of the enrollee.

    2.  The provisions of subsection 1 do not:

    (a) Apply to coverage for any drug that is prescribed for a use that is different from the use for which that drug has been approved for marketing by the Food and Drug Administration;

    (b) Prohibit:

         (1) The organization from charging a deductible, copayment or coinsurance for the provision of benefits for prescription drugs to the enrollee or from establishing, by contract, limitations on the maximum coverage for prescription drugs;

         (2) A provider of health care from prescribing another drug covered by the evidence of coverage that is medically appropriate for the enrollee; or


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

ê2001 Statutes of Nevada, Page 866 (Chapter 174, SB 2)ê

 

         (3) The substitution of another drug pursuant to NRS 639.23286 or 639.2583 to 639.2599, inclusive; or

    (c) Require any coverage for a drug after the term of the evidence of coverage.

    3.  Any provision of an evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2001, which is in conflict with this section is void.

    Sec. 25.  Chapter 695G of NRS is hereby amended by adding thereto the provisions set forth as sections 26 and 27 of this act.

    Sec. 26.  1.  A managed care organization that offers or issues a health care plan which provides coverage for prescription drugs shall include with any summary, certificate or evidence of that coverage provided to an insured, notice of whether a formulary is used and, if so, of the opportunity to secure information regarding the formulary from the organization pursuant to subsection 2. The notice required by this subsection must:

    (a) Be in a language that is easily understood and in a format that is easy to understand;

    (b) Include an explanation of what a formulary is; and

    (c) If a formulary is used, include:

         (1) An explanation of:

             (I) How often the contents of the formulary are reviewed; and

             (II) The procedure and criteria for determining which prescription drugs are included in and excluded from the formulary; and

         (2) The telephone number of the organization for making a request for information regarding the formulary pursuant to subsection 2.

    2.  If a managed care organization offers or issues a health care plan which provides coverage for prescription drugs and a formulary is used, the organization shall:

    (a) Provide to any insured or participating provider of health care, upon request:

         (1) Information regarding whether a specific drug is included in the formulary.

         (2) Access to the most current list of prescription drugs in the formulary, organized by major therapeutic category, with an indication of whether any listed drugs are preferred over other listed drugs. If more than one formulary is maintained, the organization shall notify the requester that a choice of formulary lists is available.

    (b) Notify each person who requests information regarding the formulary, that the inclusion of a drug in the formulary does not guarantee that a provider of health care will prescribe that drug for a particular medical condition.

    Sec. 27.  1.  Except as otherwise provided in this section, a health care plan which provides coverage for prescription drugs must not limit or exclude coverage for a drug if the drug:

    (a) Had previously been approved for coverage by the managed care organization for a medical condition of an insured and the insured’s provider of health care determines, after conducting a reasonable investigation, that none of the drugs which are otherwise currently approved for coverage are medically appropriate for the insured; and

    (b) Is appropriately prescribed and considered safe and effective for treating the medical condition of the insured.


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

ê2001 Statutes of Nevada, Page 867 (Chapter 174, SB 2)ê

 

    2.  The provisions of subsection 1 do not:

    (a) Apply to coverage for any drug that is prescribed for a use that is different from the use for which that drug has been approved for marketing by the Food and Drug Administration;

    (b) Prohibit:

         (1) The organization from charging a deductible, copayment or coinsurance for the provision of benefits for prescription drugs to the insured or from establishing, by contract, limitations on the maximum coverage for prescription drugs;

         (2) A provider of health care from prescribing another drug covered by the plan that is medically appropriate for the insured; or

         (3) The substitution of another drug pursuant to NRS 639.23286 or 639.2583 to 639.2599, inclusive; or

    (c) Require any coverage for a drug after the term of the plan.

    3.  Any provision of a health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2001, which is in conflict with this section is void.

________

 

CHAPTER 175, SB 34

Senate Bill No. 34–Committee on Judiciary

 

CHAPTER 175

 

AN ACT relating to civil practice; revising the provisions relating to the appointment of temporary guardians; expanding the methods of investing the proceeds of a compromise from a legal dispute for a minor; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 159 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  A petitioner may request the court to appoint a temporary guardian for a ward who is an adult and who is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention. To support the request, the petitioner must set forth in a petition and present to the court under oath:

    (a) Facts which show that the proposed ward:

         (1) Faces a substantial and immediate risk of physical harm or needs immediate medical attention; and

         (2) Lacks capacity to respond to the risk of harm or to obtain the necessary medical attention; and

    (b) Facts which show that:

         (1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047;

         (2) The proposed ward would be exposed to an immediate risk of physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or


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

ê2001 Statutes of Nevada, Page 868 (Chapter 175, SB 34)ê

 

         (3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.

    2.  The court may appoint a temporary guardian to serve for 10 days if the court:

    (a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention;

    (b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1; and

    (c) Finds that the petition required pursuant to subsection 1 is accompanied by:

         (1) A certificate signed by a physician who is licensed to practice in this state which states that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; or

         (2) The affidavit of the petitioner which explains the reasons why the certificate described in subparagraph (1) is not immediately obtainable.

    3.  Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.

    4.  If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after he discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

    5.  Within 10 days after the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 7, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days, if:

    (a) The certificate required by subsection 2 has been filed and the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; or

    (b) The certificate required by subsection 2 has not been filed and the court finds by clear and convincing evidence that:

         (1) The proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention;

         (2) Circumstances have prevented the petitioner or temporary guardian from obtaining the certificate required pursuant to subsection 2; and


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ê2001 Statutes of Nevada, Page 869 (Chapter 175, SB 34)ê

 

         (3) The extension of the temporary guardianship is necessary and in the best interests of the proposed ward.

    6.  If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the substantial and immediate risk of physical harm or to a need for immediate medical attention.

    7.  The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:

    (a) The provisions of NRS 159.0475 have been satisfied; or

    (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.

    Sec. 3.  1.  A petitioner may request the court to appoint a temporary guardian for a ward who is unable to respond to a substantial and immediate risk of financial loss. To support the request, the petitioner must set forth in a petition and present to the court under oath:

    (a) Facts which show that the proposed ward:

         (1) Faces a substantial and immediate risk of financial loss; and

         (2) Lacks capacity to respond to the risk of loss; and

    (b) Facts which show that:

         (1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047;

         (2) The proposed ward would be exposed to an immediate risk of financial loss if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or

         (3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.

    2.  The court may appoint a temporary guardian to serve for 10 days if the court:

    (a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of financial loss;

    (b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1; and

    (c) For a proposed ward who is an adult, finds that the petition required pursuant to subsection 1 is accompanied by:

         (1) A certificate signed by a physician who is licensed to practice in this state which states that the proposed ward is unable to respond to a substantial and immediate risk of financial loss; or

         (2) The affidavit of the petitioner which explains the reasons why the certificate described in subparagraph (1) is not immediately obtainable.

    3.  Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.


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ê2001 Statutes of Nevada, Page 870 (Chapter 175, SB 34)ê

 

    4.  If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after he discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

    5.  Within 10 days after the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 7, if the proposed ward is a minor and the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of financial loss, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days. Except as otherwise provided in subsection 7, if the proposed ward is an adult, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days, if:

    (a) The certificate required by subsection 2 has been filed and the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of financial loss; or

    (b) The certificate required by subsection 2 has not been filed and the court finds by clear and convincing evidence that:

         (1) The proposed ward is unable to respond to a substantial and immediate risk of financial loss;

         (2) Circumstances have prevented the petitioner or temporary guardian from obtaining the certificate required pursuant to subsection 2; and

         (3) The extension of the temporary guardianship is necessary and in the best interests of the proposed ward.

    6.  If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the substantial and immediate risk of financial loss.

    7.  The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:

    (a) The provisions of NRS 159.0475 have been satisfied; or

    (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.

    Sec. 4.  NRS 159.047 is hereby amended to read as follows:

    159.047  1.  Except as otherwise provided in NRS 159.0475, 159.049 and 159.052, and sections 2 and 3 of this act, the court, upon the filing of a petition under NRS 159.044, shall direct the clerk to issue a citation setting forth a time and place for the hearing and directing the persons or institutions referred to in subsection 2 to appear and show cause why a guardian should not be appointed for the proposed ward.

    2.  A citation issued under subsection 1 must be served:

    (a) If the proposed ward is an incompetent or a person of limited capacity:


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ê2001 Statutes of Nevada, Page 871 (Chapter 175, SB 34)ê

 

         (1) Upon the spouse and adult children of the incompetent or person of limited capacity who are known to exist, or, if there are none, upon any parent, brother or sister of the incompetent or person of limited capacity;

         (2) Upon any person or officer of an institution having the care, custody or control of the incompetent or person of limited capacity; and

         (3) Upon the incompetent or person of limited capacity.

    (b) If the proposed ward is a minor:

         (1) Upon the parents of the minor;

         (2) Upon any person or officer of an institution having care, custody or control of the minor; and

         (3) If the minor is 14 years of age or older, upon the minor.

    Sec. 5.  NRS 159.052 is hereby amended to read as follows:

    159.052  1.  A petitioner may request the court to appoint a temporary guardian [.] for a ward who is a minor and who is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention. To support the request, the petitioner must set forth in a petition and present to the court under oath:

    (a) Facts which show that the proposed ward:

         (1) Faces a substantial and immediate risk of [financial loss or] physical harm or needs immediate medical attention; and

         (2) Lacks capacity to respond to the risk of [loss or] harm or to obtain the necessary medical attention; and

    (b) Facts which show that:

         (1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047;

         (2) The proposed ward would be exposed to an immediate risk of [financial loss or] physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or

         (3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.

    2.  [If] The court may appoint a temporary guardian to serve for 10 days if the court:

    (a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of [financial loss or] physical harm or to a need for immediate medical attention; and

    (b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1 . [. ,

the court may appoint a temporary guardian to serve for 10 days. The court shall limit the temporary guardian’s powers to those necessary to assist in the emergency.]

    3.  Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.

    4.  If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after he discovers the existence, identity and location of the persons entitled to notice pursuant to that section.


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ê2001 Statutes of Nevada, Page 872 (Chapter 175, SB 34)ê

 

than 48 hours after the appointment of the temporary guardian or not later than 48 hours after he discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

    5.  Within 10 days after the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection [6,] 7, if the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of [financial loss or] physical harm or to a need for immediate medical attention, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days. [The]

    6.  If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the [temporary guardian’s] powers of the temporary guardian to those necessary to [assist in the emergency.

    6.] respond to the substantial and immediate risk of physical harm or to a need for immediate medical attention.

    7.  The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:

    (a) The provisions of NRS 159.0475 have been satisfied; or

    (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.

    Sec. 6.  NRS 41.200 is hereby amended to read as follows:

    41.200  1.  If an unemancipated minor has a disputed claim for money against a third person, either parent, or if the parents of the minor are living separate and apart, then the custodial parent, or if no custody award has been made, the parent with whom the minor is living, or if a general guardian or guardian of the estate of the minor has been appointed, then that guardian, has the right to compromise the claim. Such a compromise is not effective until it is approved by the district court of the county where the minor resides, or if the minor is not a resident of the State of Nevada, then by the district court of the county where the claim was incurred, upon a verified petition in writing, regularly filed with the court.

    2.  The petition must set forth:

    (a) The name, age and residence of the minor;

    (b) The facts which bring the minor within the purview of this section, including:

         (1) The circumstances which make it a disputed claim for money;

         (2) The name of the third person against whom the claim is made; and

         (3) If the claim is the result of an accident, the date, place and facts of the accident;

    (c) The names and residence of the parents or the legal guardian of the minor;

    (d) The name and residence of the person or persons having physical custody or control of the minor;

    (e) The name and residence of the petitioner and the relationship of the petitioner to the minor;

    (f) The total amount of the proceeds of the proposed compromise and the apportionment of those proceeds, including the amount to be used for:


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ê2001 Statutes of Nevada, Page 873 (Chapter 175, SB 34)ê

 

         (1) Attorney’s fees and whether the attorney’s fees are fixed or contingent fees, and if the attorney’s fees are contingent fees the percentage of the proceeds to be paid as attorney’s fees;

         (2) Medical expenses; and

         (3) Other expenses,

and whether these fees and expenses are to be deducted before or after the calculation of any contingency fee;

    (g) Whether the petitioner believes the acceptance of this compromise is in the best interest of the minor; and

    (h) That the petitioner has been advised and understands that acceptance of the compromise will bar the minor from seeking further relief from the third person offering the compromise.

    3.  If the claim involves a personal injury suffered by the minor, the petitioner must submit all relevant medical and health care records to the court at the compromise hearing. The records must include documentation of:

    (a) The injury, prognosis, treatment and progress of recovery of the minor; and

    (b) The amount of medical expenses incurred to date, the nature and amount of medical expenses which have been paid and by whom, any amount owing for medical expenses and an estimate of the amount of medical expenses which may be incurred in the future.

    4.  If the court approves the compromise of the claim of the minor, the court must direct the money to be paid to the father, mother or guardian of the minor, with or without the filing of any bond, or it must require a general guardian or guardian ad litem to be appointed and the money to be paid to the guardian or guardian ad litem, with or without a bond, as the court, in its discretion, deems to be in the best interests of the minor.

    5.  Upon receiving the proceeds of the compromise, the parent or guardian to whom the proceeds of the compromise are ordered to be paid, shall establish a blocked [trust account] financial investment for the benefit of the minor with the proceeds of the compromise. Money may be obtained from the blocked financial investment only pursuant to subsection 6. Within 30 days after receiving the proceeds of the compromise, the parent or guardian shall file with the court proof that the blocked [trust account] financial investment has been established. If the balance [in the account] of the investment is more than $10,000, the parent, [trustee or] guardian or person in charge of managing the investment shall annually file with the court a verified report detailing the activities of the [account] investment during the previous 12 months. If the balance [in the account] of the investment is $10,000 or less, the court may order the parent, [trustee or] guardian or person in charge of managing the investment to file such periodic verified reports as the court deems appropriate. The court may hold a hearing on a verified report only if it deems a hearing necessary to receive an explanation of the activities of the [account.] investment.

    6.  The beneficiary of a block financial investment may obtain control of or money from the investment:

    (a) By an order of the court which held the compromise hearing; or

    (b) By certification of the court which held the compromise hearing that the beneficiary has reached the age of 18 years, at which time control of the investment must be transferred to the beneficiary or the investment must be closed and the money distributed to the beneficiary.


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ê2001 Statutes of Nevada, Page 874 (Chapter 175, SB 34)ê

 

    7.  The clerk of the district court shall not charge any fee for filing a petition for leave to compromise or for placing the petition upon the calendar to be heard by the court.

    [7.] 8.  As used in this section, the term “blocked [trust account” means an] financial investment” means a savings account established in a depository institution in this state [for the benefit of the minor with restrictions that the money cannot be withdrawn, except:

    (a) By an order of the court which held the compromise hearing; or

    (b) By certification of the court which held the compromise hearing that the beneficiary has reached the age of 18 years, at which time the account must be closed and the money distributed to the beneficiary.] , a certificate of deposit, a United States savings bond, a fixed or variable annuity contract, or another reliable investment that is approved by the court.

________

 

CHAPTER 176, SB 36

Senate Bill No. 36–Committee on Judiciary

 

CHAPTER 176

 

AN ACT relating to forfeitures; changing the standard of proof in a proceeding for the forfeiture of property; enacting provisions pertaining to the seizure of currency; revising the provisions governing the distribution of proceeds of forfeited property; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 179.1173 is hereby amended to read as follows:

    179.1173  1.  The district court shall proceed as soon as practicable to a trial and determination of the matter. A proceeding for forfeiture is entitled to priority over other civil actions which are not otherwise entitled to priority.

    2.  At a proceeding for forfeiture, the plaintiff or claimant may file a motion for an order staying the proceeding and the court shall grant that motion if a criminal action which is the basis of the proceeding is pending trial. The court shall, upon a motion made by the plaintiff, lift the stay upon a satisfactory showing that the claimant is a fugitive.

    3.  [A party to] The plaintiff in a proceeding for forfeiture must establish proof by [a preponderance of the evidence.] clear and convincing evidence that the property is subject to forfeiture.

    4.  In a proceeding for forfeiture, the rule of law that forfeitures are not favored does not apply.

    5.  The plaintiff is not required to plead or prove that a claimant has been charged with or convicted of any criminal offense. If proof of such a conviction is made, and it is shown that the judgment of conviction has become final, the proof is, as against any claimant, conclusive evidence of all facts necessary to sustain the conviction.

    6.  The plaintiff has an absolute privilege to refuse to disclose the identity of any person, other than a witness, who has furnished to a law enforcement officer information purporting to reveal the commission of a crime. The privilege may be claimed by an appropriate representative of the plaintiff.


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ê2001 Statutes of Nevada, Page 875 (Chapter 176, SB 36)ê

 

    7.  If the court determines that the property is not subject to forfeiture, [it] the court shall order the property and any interest accrued pursuant to subsection 2 of NRS 179.1175 returned to the claimant found to be entitled to the property. If the court determines that the property is subject to forfeiture, [it] the court shall so decree. The property , including any interest accrued pursuant to subsection 2 of NRS 179.1175, must be forfeited to the plaintiff, subject to the right of any claimant who establishes a protected interest. Any such claimant must, upon the sale or retention of the property, be compensated for his interest in the manner provided in NRS 179.118.

    Sec. 2.  NRS 179.1175 is hereby amended to read as follows:

    179.1175  1.  [After] Except as otherwise provided in subsection 2, after property has been seized the agency which seized the property may:

    (a) Place the property under seal;

    (b) Remove the property to a place designated by the agency for the storage of that type of property; or

    (c) Remove the property to an appropriate place for disposition in a manner authorized by the court.

    2.  If an agency seizes currency, unless otherwise ordered by the court, the agency shall deposit the currency in an interest-bearing account maintained for the purpose of holding currency seized by the agency.

    3.  When a court declares property to be forfeited, the plaintiff may:

    (a) Retain it for official use;

    (b) Sell any of it which is neither required by law to be destroyed nor harmful to the public; or

    (c) Remove it for disposition in accordance with the applicable provisions of NRS.

    Sec. 3.  NRS 179.118 is hereby amended to read as follows:

    179.118  1.  The proceeds from any sale or retention of property declared to be forfeited and any interest accrued pursuant to subsection 2 of NRS 179.1175 must be applied, first, to the satisfaction of any protected interest established by a claimant in the proceeding, then to the proper expenses of the proceeding for forfeiture and resulting sale, including the expense of effecting the seizure, the expense of maintaining custody, the expense of advertising and the costs of the suit.

    2.  Any balance remaining after the distribution required by subsection 1 must be deposited as follows:

    (a) Except as otherwise provided in this subsection, if the plaintiff seized the property, in the special account established pursuant to NRS 179.1187 by the governing body that controls the plaintiff.

    (b) Except as otherwise provided in this subsection, if the plaintiff is a metropolitan police department, in the special account established by the metropolitan police committee on fiscal affairs pursuant to NRS 179.1187.

    (c) Except as otherwise provided in this subsection, if more than one agency was substantially involved in the seizure, in an equitable manner to be directed by the court hearing the proceeding for forfeiture.

    (d) If the property was seized pursuant to NRS 200.760, in the state treasury for credit to the fund for the compensation of victims of crime to be used for the counseling and the medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710 to 200.730, inclusive, or 201.230.


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ê2001 Statutes of Nevada, Page 876 (Chapter 176, SB 36)ê

 

    (e) If the property was seized as the result of a violation of NRS 202.300, in the general fund of the county in which the complaint for forfeiture was filed, to be used to support programs of counseling of persons ordered by the court to attend counseling pursuant to paragraph (e) of subsection 1 of NRS 62.211.

    Sec. 4.  NRS 179.1187 is hereby amended to read as follows:

    179.1187  1.  The governing body controlling each law enforcement agency that receives proceeds from the sale of forfeited property shall establish with the state treasurer, county treasurer, city treasurer or town treasurer, as custodian, a special account, known as the “................. forfeiture account.” The account is a separate and continuing account and no money in it reverts to the state general fund or the general fund of the county, city or town at any time. For the purposes of this [subsection,] section, the governing body controlling a metropolitan police department is the metropolitan police committee on fiscal affairs.

    2.  The money in the account may be used for any lawful purpose deemed appropriate by the chief administrative officer of the law enforcement agency, except that:

    (a) The money must not be used to pay the ordinary operating expenses of the agency.

    (b) Money derived from the forfeiture of any property described in NRS 453.301 must be used to enforce the provisions of chapter 453 of NRS.

    (c) Money derived from the forfeiture of any property described in NRS 501.3857 must be used to enforce the provisions of Title 45 of NRS.

    (d) Seventy percent of the amount of money in excess of $100,000 remaining in the account at the end of each fiscal year, as determined based upon the accounting standards of the governing body controlling the law enforcement agency that are in place on March 1, 2001, must be distributed to the school district in the judicial district. If the judicial district serves more than one county, the money must be distributed to the school district in the county from which the property was seized.

    3.  A school district that receives money pursuant to paragraph (d) of subsection 2 shall deposit such money into a separate account. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. The money in the account must be used to purchase books and computer hardware and software for the use of the students in that school district.

    4.  The chief administrative officer of a law enforcement agency that distributes money to a school district pursuant to paragraph (d) of subsection 2 shall submit a report to the director of the legislative counsel bureau before January 1 of each odd-numbered year. The report must contain the amount of money distributed to each school district pursuant to paragraph (d) of subsection 2 in the preceding biennium.

    Sec. 5.  NRS 387.303 is hereby amended to read as follows:

    387.303  1.  Not later than November 10 of each year, the board of trustees of each school district shall submit to the superintendent of public instruction and the department of taxation a report which includes the following information:

    (a) For each fund within the school district, including, without limitation, the school district’s general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions.


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ê2001 Statutes of Nevada, Page 877 (Chapter 176, SB 36)ê

 

employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school district’s final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.

    (b) The count of pupils computed pursuant to paragraph (a) of subsection 1 of NRS 387.1233.

    (c) The average daily attendance for the preceding school year and the estimated average daily attendance for the current school year of part-time pupils enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma.

    (d) The school district’s actual expenditures in the fiscal year immediately preceding the report.

    (e) The school district’s proposed expenditures for the current fiscal year.

    (f) The schedule of salaries for licensed employees in the current school year and a statement of whether the negotiations regarding salaries for the current school year have been completed. If the negotiations have not been completed at the time the schedule of salaries is submitted, the board of trustees shall submit a supplemental report to the superintendent of public instruction upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the schedule of salaries agreed to or required by the arbitrator.

    (g) The number of teachers who received an increase in salary pursuant to subsection 2 of NRS 391.160 for the current and preceding fiscal years.

    (h) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.

    (i) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.

    (j) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.

    (k) The expenditures from the account created pursuant to subsection 3 of NRS 179.1187. The report must indicate the total amount received by the district in the preceding fiscal year, and the specific amount spent on books and computer hardware and software for each grade level in the district.

    2.  On or before November 25 of each year, the superintendent of public instruction shall submit to the department of administration and the fiscal analysis division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each school district pursuant to subsection 1.

    3.  The superintendent of public instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the school districts with the apportionment received by those districts from the state distributive school account for the preceding year.

    Sec. 6.  The amendatory provisions of this act do not apply to property seized before October 1, 2001.

________

 


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ê2001 Statutes of Nevada, Page 878ê

 

CHAPTER 177, SB 123

Senate Bill No. 123–Committee on Government Affairs

 

CHAPTER 177

 

AN ACT relating to municipal obligations; requiring a municipality to notify certain entities before incurring general obligation debt or levying a special elective tax under certain circumstances; requiring a debt management commission to resolve conflicts between certain municipalities over the use of any remaining allowable increase of property taxes and authorizing the establishment of certain methods relating thereto; authorizing a debt management commission to establish a procedure for allowing a municipality to reserve a percentage of the remaining allowable increase of property taxes within a certain geographical area; revising the duties of the debt management commission relating to consideration of a proposal to incur general obligation debt or levy a special elective tax, and amending the conditions pursuant to which the debt management commission is authorized to grant approval of such a proposal; revising the duties of a municipality with regard to filing and amending statements of current and contemplated general obligation debt and special elective taxes; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 350 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  At the annual meeting in July required by NRS 350.003, the commission shall:

    1.  Specify a percentage, which must not be less than 75 percent, for the purposes of paragraph (d) of subsection 1 of NRS 350.0051; and

    2.  Establish priorities among essential and nonessential facilities and services for the purposes of paragraph (d) of subsection 1 of NRS 350.0051. Facilities and services relating to public safety, education and health must be considered essential facilities and services, and all other facilities and services must be considered nonessential facilities and services.

    Sec. 3.  1.  Before a municipality may submit to the commission a proposal that will result in an increase in the rate of property taxes, the municipality shall:

    (a) Determine whether there is an affected governmental entity; and

    (b) If there is an affected governmental entity, provide written notification to the affected governmental entity.

    2.  A notification sent pursuant to subsection 1 must include, without limitation, a description of:

    (a) The proposal and the estimated amount the proposal would increase property taxes; and

    (b) The potential effect of the increase on the entity.

    3.  The governing body of an entity that receives a notification pursuant to subsection 1 shall, by resolution, approve or object to the proposal described in the notice. If the entity approves the proposal, the entity must state in the resolution approving the proposal that the entity has no intent to levy property taxes which, if combined with the increase proposed in the proposal, would cause the combined property tax rate for the area containing the municipality and the entity to exceed the limitation on property taxes set forth in NRS 361.453.


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ê2001 Statutes of Nevada, Page 879 (Chapter 177, SB 123)ê

 

the area containing the municipality and the entity to exceed the limitation on property taxes set forth in NRS 361.453.

    4.  If an entity objects to a proposal pursuant to subsection 3, the municipality which provided notice pursuant to subsection 1 shall provide the commission with notification in writing of the objection and the entity’s reasons for objecting when submitting the proposal to the commission pursuant to NRS 350.004.

    5.  If the commission receives a proposal to which an objection has been raised pursuant to subsection 3, the commission shall resolve any conflict between the municipality and the entity over the use of the remaining allowable increase in property taxes and determine whether to approve, in whole or in part, or reject the increase in property taxes set forth in the proposal.

    6.  In resolving a conflict pursuant to subsection 5, the commission may impose:

    (a) A condition or provision described in subsection 2 of NRS 350.005; and

    (b) A condition that:

         (1) The amount of the general obligation debt proposed to be imposed must be reduced;

         (2) The rate of the special elective tax must be reduced; or

         (3) Both subparagraphs (1) and (2).

    7.  The commission may establish:

    (a) A method for resolving conflicts over the unlevied amount of property taxes that may be levied pursuant to NRS 354.59811;

    (b) A method for determining the highest and best use of the unlevied amount of property taxes that may be levied pursuant to NRS 354.59811, which must be based upon a comparison of the public needs to be served by the proceeds from the proposed debt or tax levy in a proposal submitted pursuant to NRS 350.004 and the public needs to be served by other possible debts or tax levies by other municipalities whose tax-levying powers overlap; and

    (c) A procedure for allowing a municipality that does not levy the maximum amount of property taxes which it may levy pursuant to NRS 354.59811 to reserve a percentage of the remaining allowable increase of property taxes for use in the future and a procedure for determining whether to grant such a reservation. If established, such procedures must:

         (1) Allow all municipalities whose tax-levying powers may be affected by such a reservation to enter objections to such a reservation; and

         (2) Provide a method for resolving conflicts over the remaining allowable increase of property taxes between municipalities whose tax-levying powers overlap, which must be based upon the highest and best use for the remaining allowable increase of property taxes.

    8.  This section does not apply to any proposal that is not expected to result in an increase in the rate of property taxes in any jurisdiction.

    9.  As used in this section:

    (a) “Affected governmental entity” means a governmental entity:

         (1) That has territory which overlaps the territory of the municipality proposing the special elective tax or general obligation debt;

         (2) That is currently not levying the maximum rate of property taxes which it may levy pursuant to NRS 354.59811; and


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         (3) For which the total combined tax rate levied on the overlapping territory would exceed the limit set forth in NRS 361.453 if the current combined tax rate levied on the overlapping territory is added to:

             (I) The tax rate projected for the special elective tax or general obligation debt being proposed by the municipality; and

             (II) The unlevied amount of property taxes that currently may be levied by the governmental entity pursuant to NRS 354.59811.

    (b) “Remaining allowable increase of property taxes” means the difference between the tax rate allowed for a municipality in the current fiscal year pursuant to NRS 354.59811 minus the tax rate levied by the municipality in the current fiscal year.

    Sec. 4.  NRS 350.001 is hereby amended to read as follows:

    350.001  As used in NRS 350.001 to 350.006, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires:

    1.  “Commission” means a debt management commission created pursuant to NRS 350.002.

    2.  “General obligation debt” means debt which is legally payable from general revenues, as a primary or secondary source of repayment, and is backed by the full faith and credit of a governmental entity. The term includes debt represented by local government securities issued pursuant to this chapter except debt created for medium-term obligations pursuant to NRS 350.085 to 350.095, inclusive.

    3.  “Special elective tax” means a tax imposed pursuant to NRS 354.59817, 354.5982, 387.197, 387.3285 or 387.3287.

    Sec. 5.  NRS 350.0035 is hereby amended to read as follows:

    350.0035  1.  Except as otherwise provided in this section, on or before July 1 of each year, the governing body of a municipality which proposes to issue or has outstanding any general obligation debt, other general obligations or special obligations, or which levies or proposes to levy any special elective tax, shall submit to the department of taxation and the commission:

    (a) A complete statement of current [and contemplated] general obligation debt and special elective taxes, and a report of current [and contemplated] debt and special assessments and retirement schedules, in the detail and form established by the committee on local government finance.

    (b) A complete statement, in the detail and form established by the committee on local government finance, of general obligation debt and special elective taxes contemplated to be submitted to the commission during the fiscal year.

    (c) A written statement of the debt management policy of the municipality, which must include, without limitation:

         (1) A discussion of its ability to afford existing general obligation debt, authorized future general obligation debt and proposed future general obligation debt;

         (2) A discussion of its capacity to incur authorized and proposed future general obligation debt without exceeding the applicable debt limit;

         (3) A discussion of its general obligation debt that is payable from [ad valorem] property taxes per capita as compared with such debt of other municipalities in this state;

         (4) A discussion of its general obligation debt that is payable from [ad valorem] property taxes as a percentage of assessed valuation of all taxable property within the boundaries of the municipality;


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         (5) Policy regarding the manner in which the municipality expects to sell its debt;

         (6) A discussion of its sources of money projected to be available to pay existing general obligation debt, authorized future general obligation debt and proposed future general obligation debt; and

         (7) A discussion of its operational costs and revenue sources, for the ensuing 5 fiscal years, associated with each project included in its plan for capital improvement submitted pursuant to paragraph [(c),] (d), if those costs and revenues are expected to affect the property tax rate.

    [(c)] (d) Its plan for capital improvement for the ensuing [3] 5 fiscal years, which must include any contemplated issuance of general obligation debt during this period and the sources of money projected to be available to pay the debt.

    [(d)] (e) A statement containing the name, title, mailing address and telephone number of the chief financial officer of the municipality.

    2.  The governing body of a municipality may combine a statement or plan required by subsection 1 with the corresponding statement or plan of another municipality if both municipalities have the same governing body or the governing bodies of both municipalities agree to such a combination.

    3.  [The] Except as otherwise provided in subsection 4, the governing body of each municipality shall update all statements and plans required by subsection 1 not less frequently than [annually.] once each fiscal year.

    4.  In a county whose population is 100,000 or more, the governing body of each municipality shall update all statements and plans required by subsection 1 not less often than once each fiscal year and not more often than twice each fiscal year, except that a municipality may update a statement or plan required by subsection 1 more often than twice each fiscal year:

    (a) If the governing body determines, by a two-thirds vote, that an emergency requires that a statement or plan be updated;

    (b) To include an item related to:

         (1) An installment purchase that does not count against a debt limit; or

         (2) An obligation for which no additional property tax is expected;

    (c) To update the purpose of a special elective tax without changing the rate of the special elective tax; or

    (d) To comply with the requirements of subsection 5 of NRS 268.625 or subsection 1 of NRS 350.091.

    5.  The provisions of this section do not apply to the Airport Authority of Washoe County so long as the authority does not have any general obligation bonds outstanding and does not issue or propose to issue any such bonds. At least 30 days before each annual meeting of the commission, the authority shall submit to the department of taxation a written statement regarding whether the authority is planning to propose to issue any general obligation bonds before the next following annual meeting of the commission.

    Sec. 6.  NRS 350.004 is hereby amended to read as follows:

    350.004  1.  Before any proposal to incur a general obligation debt or levy a special elective tax may be submitted to the electors of a municipality, before any issuance of general obligation bonds pursuant to subsection 4 of NRS 350.020 or before any other formal action may be taken preliminary to the incurrence of any general obligation debt, the proposed incurrence or levy must receive the favorable vote of two-thirds of the members of the commission of each county in which the municipality is situated.


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levy must receive the favorable vote of two-thirds of the members of the commission of each county in which the municipality is situated.

    2.  Before the board of trustees of a district organized or reorganized pursuant to chapter 318 of NRS whose population within its boundaries is less than 5,000, borrows money or issues securities to evidence such borrowing, other than securities representing a general obligation debt, the proposed borrowing or issuing of securities must receive the favorable vote of a majority of the members of the commission of each county in which the district is situated.

    3.  When any municipality other than a general improvement district whose population within its boundaries is less than 5,000, issues any special obligations, it shall so notify in its annual report the commission of each county in which any of its territory is situated.

    4.  The commission shall not approve any proposal submitted to it pursuant to this section by a municipality:

    (a) Which, if the proposal is for the financing of a capital improvement, is not included in its plan for capital improvement submitted pursuant to NRS 350.0035, if such a plan is required to be submitted; [or]

    (b) If, based upon:

         (1) Estimates of the amount of tax revenue from [ad valorem] property taxes needed for the special elective tax, or to repay the general obligation debt, and the dates that revenue will be needed, as provided by the municipality;

         (2) Estimates of the assessed valuation of the municipality for each of the years in which tax revenue is needed, as provided by the municipality;

         (3) The amount of any other required levies of [ad valorem] property taxes, as shown on the most recently filed final budgets of each entity authorized to levy [ad valorem] property taxes on any property within the municipality submitting the proposal; and

         (4) Any other factor the municipality discloses to the commission,

the proposal would result in a combined property tax rate in any of the overlapping entities within the county which exceeds the limit provided in NRS 361.453, unless the proposal also includes an agreement which complies with NRS 361.457 and which is approved by the governing bodies of all affected municipalities within the area as to how the combined property tax rates will be brought into compliance with the statutory limitation [.

    5.  If] ; or

    (c) If, based upon the factors listed in subparagraphs (1) to (4), inclusive, of paragraph (b), the proposal will affect the ability of an affected governmental entity to levy the maximum amount of property taxes that it may levy pursuant to NRS 354.59811, unless:

         (1) The proposal includes a resolution approving the proposal pursuant to subsection 3 of section 3 of this act from each affected governmental entity whose ability to levy property taxes will be affected by the commission’s approval of the proposal; or

         (2) The commission has resolved all conflicts between the municipality and all affected governmental entities and has approved the increase in property taxes resulting from the proposal pursuant to section 3 of this act.

 

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