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ê2011 Statutes of Nevada, Page 1319ê

 

CHAPTER 254, SB 417

Senate Bill No. 417–Committee on Natural Resources

 

CHAPTER 254

 

[Approved: June 4, 2011]

 

AN ACT relating to recycling; providing for the placement of recycling containers on the premises of certain apartment complexes and condominiums; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the State Environmental Commission to adopt regulations establishing minimum standards for separating, at the source, recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste are provided. (NRS 444A.020) Existing law requires the Division of Environmental Protection of the State Department of Conservation and Natural Resources to adopt, by regulation, a model plan for that purpose. (NRS 444A.030) Existing law imposes a similar requirement upon the board of county commissioners in a county whose population is 100,000 or more (currently Clark and Washoe Counties) by requiring those boards to make available for use in those counties a program for the separation at the source of recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste are provided. (NRS 444A.040) However, unlike the requirement imposed upon the Commission and the Division concerning recyclable material, the requirement imposed upon those boards of county commissioners specifically set forth a requirement that the recycling program of the board include provisions for the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided. Sections 1 and 2 of this bill revise the requirement concerning the adoption of regulations by the Commission and the Division for the separation of recyclable material at the source to require those regulations to include provisions for the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 444A.020 is hereby amended to read as follows:

     444A.020  1.  The State Environmental Commission shall adopt regulations establishing minimum standards for:

     (a) Separating at the source recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste are provided [.] , including, without limitation, the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided.

     (b) Establishing recycling centers for the collection and disposal of recyclable material.

     (c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested.

     2.  The regulations adopted pursuant to subsection 1 must be adopted with the goal of recycling at least 25 percent of the total solid waste generated within a municipality after the second full year following the adoption of such standards.

 


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ê2011 Statutes of Nevada, Page 1320 (Chapter 254, SB 417)ê

 

     3.  The State Environmental Commission shall, by regulation, establish acceptable methods for disposing of used or waste tires consistent with the provisions of NRS 444.505, 444.507 and 444.509.

     Sec. 2.  NRS 444A.030 is hereby amended to read as follows:

     444A.030  1.  The Division of Environmental Protection of the [State] Department [of Conservation and Natural Resources] shall, by regulation, adopt a model plan for:

     (a) Separating at the source recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste are provided [.] , including, without limitation, the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided.

     (b) Establishing recycling centers for the collection and disposal of recyclable material in areas where there are no centers.

     (c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested.

     (d) The disposal of infectious waste, hazardous waste which is not regulated pursuant to NRS 459.485 and liquid waste which is not regulated pursuant to NRS 445A.300 to 445A.730, inclusive.

     2.  The model plans adopted pursuant to subsection 1 must not conflict with the standards adopted by the State Environmental Commission pursuant to NRS 444A.020.

     Sec. 3.  The State Environmental Commission shall, on or before October 1, 2011, in accordance with the provisions of NRS 444A.020, as amended by section 1 of this act, adopt regulations establishing minimum standards for the placement of recycling containers on the premises of apartment complexes and condominiums where services for the collection of solid waste are provided.

     Sec. 4.  This act becomes effective:

     1.  Upon passage and approval for the purpose of adopting regulations; and

     2.  On October 1, 2011, for all other purposes.

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ê2011 Statutes of Nevada, Page 1321ê

 

CHAPTER 255, SB 411

Senate Bill No. 411–Committee on Commerce, Labor and Energy

 

CHAPTER 255

 

[Approved: June 4, 2011]

 

AN ACT relating to nursing; providing for the certification by the State Board of Nursing of nursing assistants as medication aides - certified; prescribing the acts a medication aide - certified may perform; authorizing a medication aide - certified to possess and administer certain drugs and medications in certain medical facilities; authorizing the Board to establish certain fees and charges; prohibiting certain acts relating to medication aides - certified; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides for the regulation of nursing assistants. (NRS 632.285-632.286) Sections 3-11 of this bill provide for the certification by the State Board of Nursing of nursing assistants as medication aides - certified. Section 10 prescribes the duties a medication aide - certified may perform. Sections 10 and 39 of this bill authorize medication aides - certified to possess and administer drugs and medications other than controlled substances to patients in certain medical facilities designated by the Board. Sections 12-28 of this bill revise provisions administered by the Board to include medication aides - certified. Section 14 of this bill extends the authority of the Advisory Committee on Nursing Assistants to medication aides - certified. Sections 16 and 24 of this bill authorize the Board to adopt regulations and establish certain fees and charges applicable to medication aides - certified. Section 21 of this bill authorizes the Board to take certain disciplinary action against medication aides - certified. Sections 1, 2 and 28-38 of this bill expand the applicability of certain provisions that are currently applicable to nursing assistants to include medication aides - certified. Section 31 provides for certain criminal penalties for a person who commits assault upon certain persons, including medication aides - certified, who are performing their official duties if the assault is based upon the performance of those duties.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 630.293 is hereby amended to read as follows:

     630.293  1.  A physician or any agent or employee thereof shall not retaliate or discriminate unfairly against:

     (a) An employee of the physician or a person acting on behalf of the employee who in good faith:

           (1) Reports to the Board of Medical Examiners information relating to the conduct of the physician which may constitute grounds for initiating disciplinary action against the physician or which otherwise raises a reasonable question regarding the competence of the physician to practice medicine with reasonable skill and safety to patients; or

           (2) Reports a sentinel event to the Health Division of the Department of Health and Human Services pursuant to NRS 439.835;

 


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ê2011 Statutes of Nevada, Page 1322 (Chapter 255, SB 411)ê

 

     (b) A registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the physician and who:

           (1) In good faith, reports to the physician, the Board of Medical Examiners, the State Board of Nursing, the Legislature or any committee thereof or any other governmental entity:

                (I) Any information concerning the willful conduct of another registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified which violates any provision of chapter 632 of NRS or which is required to be reported to the State Board of Nursing;

                (II) Any concerns regarding patients who may be exposed to a substantial risk of harm as a result of the failure of the physician or any agent or employee thereof to comply with minimum professional or accreditation standards or applicable statutory or regulatory requirements; or

                (III) Any other concerns regarding the physician, the agents and employees thereof or any situation that reasonably could result in harm to patients; or

           (2) Refuses to engage in conduct that would violate the duty of the registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified to protect patients from actual or potential harm, including, without limitation, conduct which would violate any provision of chapter 632 of NRS or which would subject the registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified to disciplinary action by the State Board of Nursing; or

     (c) An employee of the physician, a person acting on behalf of the employee or a registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the physician and who cooperates or otherwise participates in an investigation or proceeding conducted by the Board of Medical Examiners or another governmental entity relating to conduct described in paragraph (a) or (b).

     2.  A physician or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the physician or a registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the physician because the employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified has taken an action described in subsection 1.

     3.  A physician or any agent or employee thereof shall not prohibit, restrict or attempt to prohibit or restrict by contract, policy, procedure or any other manner the right of an employee of the physician or a registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the physician to take an action described in subsection 1.

     4.  As used in this section:

     (a) “Good faith” means honesty in fact in the reporting of the information or in the cooperation of the investigation concerned.

     (b) “Retaliate or discriminate”:

           (1) Includes, without limitation, any of the following actions if taken solely because the employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified took an action described in subsection 1:

 


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ê2011 Statutes of Nevada, Page 1323 (Chapter 255, SB 411)ê

 

                (I) Frequent or undesirable changes in the location where the person works;

                (II) Frequent or undesirable transfers or reassignments;

                (III) The issuance of letters of reprimand, letters of admonition or evaluations of poor performance;

                (IV) A demotion;

                (V) A reduction in pay;

                (VI) The denial of a promotion;

                (VII) A suspension;

                (VIII) A dismissal;

                (IX) A transfer; or

                (X) Frequent changes in working hours or workdays.

           (2) Does not include an action described in sub-subparagraphs (I) to (X), inclusive, of subparagraph (1) if the action is taken in the normal course of employment or as a form of discipline.

     Sec. 2.  NRS 630.296 is hereby amended to read as follows:

     630.296  1.  An employee of a physician or a registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the physician and who believes that he or she has been retaliated or discriminated against in violation of NRS 630.293 may file an action in a court of competent jurisdiction.

     2.  If a court determines that a violation of NRS 630.293 has occurred, the court may award such damages as it determines to have resulted from the violation, including, without limitation:

     (a) Compensatory damages;

     (b) Reimbursement of any wages, salary, employment benefits or other compensation denied to or lost by the employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified as a result of the violation;

     (c) Attorney’s fees and costs, including, without limitation, fees for expert witnesses; and

     (d) Punitive damages, if the facts warrant.

     3.  The court shall award interest on the amount of damages at a rate determined pursuant to NRS 17.130.

     4.  The court may grant any equitable relief it considers appropriate, including, without limitation, reinstatement of the employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified and any temporary, preliminary or permanent injunctive relief.

     5.  If any action to retaliate or discriminate is taken against an employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified within 60 days after the employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified takes any action described in subsection 1 of NRS 630.293, there is a rebuttable presumption that the action taken against the employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified constitutes retaliation or discrimination in violation of NRS 630.293.

     6.  A physician or any agent or employee thereof that violates the provisions of NRS 630.293 is subject to a civil penalty of not more than $10,000 for each violation. The Attorney General or any district attorney of this State may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

 


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ê2011 Statutes of Nevada, Page 1324 (Chapter 255, SB 411)ê

 

this State may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

     7.  Any action under this section must be brought not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.

     8.  As used in this section, “retaliate or discriminate” has the meaning ascribed to it in NRS 630.293.

     Sec. 3.  Chapter 632 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 11, inclusive, of this act.

     Sec. 4.  “Authorized medications” means all prescription and nonprescription drugs and medications other than controlled substances.

     Sec. 5.  (Deleted by amendment.)

     Sec. 6.  “Designated facility” means a medical facility designated by the Board as a facility in which certified medication aides may practice.

     Sec. 6.5.  “Medication aide - certified” means a nursing assistant who is certified by the Board to administer authorized medications in designated facilities.

     Sec. 7.  1.  Any person who practices or offers to practice as a medication aide - certified in this State shall submit evidence that he or she is qualified to practice and must be certified to practice as a medication aide - certified as provided in this chapter.

     2.  It is unlawful for any person to practice or to offer to practice as a medication aide - certified in this State or to use any title, abbreviation, sign, card or device to indicate that the person is practicing as a medication aide - certified in this State unless the person is certified as a medication aide - certified pursuant to the provisions of this chapter.

     3.  The Executive Director of the Board may, on behalf of the Board, issue an order to cease and desist to any person who practices or offers to practice as a medication aide - certified without a certificate to practice as a medication aide - certified issued pursuant to the provisions of this chapter.

     4.  The Executive Director of the Board shall forward to the appropriate law enforcement agency any information submitted to the Board concerning a person who practices or offers to practice as a medication aide - certified without a certificate to practice as a medication aide - certified issued pursuant to the provisions of this chapter.

     Sec. 8.  1.  An applicant for a certificate to practice as a medication aide - certified must submit proof satisfactory to the Board that the applicant:

     (a) Holds a certificate to practice as a nursing assistant in this State;

     (b) Has completed at least 1 year of continuous full-time employment as a nursing assistant in a medical facility in this State and is currently employed at a medical facility;

     (c) Has a high school diploma or its equivalent;

     (d) Has successfully completed a literacy and reading comprehension screening process approved by the Board;

     (e) Has successfully completed a training course for medication aides - certified of at least 100 hours that is approved by the Board;

     (f) Has passed an examination on such subjects as are required by the Board; and

     (g) Meets such other reasonable requirements as the Board prescribes by regulation.

 


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ê2011 Statutes of Nevada, Page 1325 (Chapter 255, SB 411)ê

 

     2.  An applicant who is licensed or certified as a medication aide in another state or territory of the United States may be certified in this State by endorsement if the applicant submits proof satisfactory to the Board that the applicant:

     (a) Holds a certificate to practice as a nursing assistant in another state or territory of the United States;

     (b) Has completed at least 1 year of continuous full-time employment as a nursing assistant in a medical facility in another state or territory of the United States and is currently employed at a medical facility;

     (c) Has a high school diploma or its equivalent;

     (d) Has passed an examination determined by the Board to be equivalent to the examination required by paragraph (f) of subsection 1;

     (e) Has completed training determined by the Board to be equivalent to the training required by paragraph (e) of subsection 1; and

     (f) Meets such other reasonable requirements as the Board prescribes by regulation.

     3.  The Board shall issue a certificate to practice as a medication aide - certified to each applicant who meets the requirements of this section.

     Sec. 9.  1.  The Board shall designate by regulation the types of medical facilities that may employ medication aides - certified.

     2.  If a designated facility elects to employ one or more medication aides - certified, the facility shall notify the Board in the manner prescribed by the Board.

     Sec. 10.  1.  A medication aide - certified may only administer authorized medications and perform related tasks at a designated facility under the supervision of an advanced practitioner of nursing or a registered nurse and in accordance with standard protocols developed by the Board.

     2.  Except as otherwise provided by subsection 4, a medication aide - certified may only administer authorized medications by the following methods:

     (a) Orally;

     (b) Topically;

     (c) By the use of drops in the eye, ear or nose;

     (d) Vaginally;

     (e) Rectally;

     (f) Transdermally; and

     (g) By the use of an oral inhaler.

     3.  Except as otherwise provided by subsection 4, a medication aide - certified shall not:

     (a) Receive, have access to or administer any controlled substance;

     (b) Administer parenteral or enteral medications;

     (c) Administer any substances by nasogastric or gastronomy tubes;

     (d) Calculate drug dosages;

     (e) Destroy medication;

     (f) Receive orders, either in writing or verbally, for new or changed medication;

     (g) Transcribe orders from medical records;

     (h) Order or administer initial medications;

     (i) Evaluate reports of medication errors;

     (j) Perform treatments;

 


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ê2011 Statutes of Nevada, Page 1326 (Chapter 255, SB 411)ê

 

     (k) Conduct patient assessments or evaluations;

     (l) Engage in teaching activities for patients; or

     (m) Engage in any activity prohibited pursuant to subsection 4.

     4.  The Board may adopt regulations authorizing or prohibiting any additional activities of a medication aide - certified.

     5.  As used in this section, “supervision” means active oversight of the patient care services provided by a medication aide - certified while on the premises of a designated facility.

     Sec. 11.  It is unlawful for any person:

     1.  To sell or fraudulently obtain or furnish a certificate to practice as a medication aide - certified;

     2.  To practice as a medication aide - certified pursuant to a certificate that was illegally or fraudulently obtained or was signed or issued unlawfully or under fraudulent representation; or

     3.  To conduct a training course for medication aides - certified unless the training course has been approved by the Board.

     Sec. 12.  NRS 632.010 is hereby amended to read as follows:

     632.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 632.011 to 632.0195, inclusive, and sections 4, 6 and 6.5 of this act have the meanings ascribed to them in those sections.

     Sec. 13.  NRS 632.0135 is hereby amended to read as follows:

     632.0135  “Certificate” means a document which authorizes a person to practice as a nursing assistant [.] or medication aide - certified.

     Sec. 14.  NRS 632.072 is hereby amended to read as follows:

     632.072  1.  The Advisory Committee on Nursing Assistants [,] and Medication Aides, consisting of [10] 11 members appointed by the Board, is hereby created.

     2.  The Board shall appoint to the Advisory Committee:

     (a) One representative of facilities for long-term care;

     (b) One representative of medical facilities which provide acute care;

     (c) One representative of agencies to provide nursing in the home;

     (d) One representative of the Health Division of the Department of Health and Human Services;

     (e) One representative of the Division of Health Care Financing and Policy of the Department of Health and Human Services;

     (f) One representative of the Aging and Disability Services Division of the Department of Health and Human Services;

     (g) One representative of the American Association of Retired Persons or a similar organization;

     (h) A nursing assistant;

     (i) A registered nurse; [and]

     (j) A licensed practical nurse [.] ; and

     (k) A medication aide - certified.

     3.  The Advisory Committee shall advise the Board with regard to matters relating to nursing assistants [.] and medication aides - certified.

     Sec. 15.  NRS 632.073 is hereby amended to read as follows:

     632.073  1.  In addition to the Advisory Committee on Nursing Assistants and Medication Aides created by NRS 632.072, the Board may appoint such other advisory committees as it deems appropriate.

     2.  The members of any advisory committee appointed pursuant to subsection 1 are not entitled to be paid a salary or to receive per diem allowances for conducting the business of the advisory committee, but the Board may authorize reimbursement for the actual expenses incurred by a member for traveling to and from a meeting of the advisory committee.

 


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ê2011 Statutes of Nevada, Page 1327 (Chapter 255, SB 411)ê

 

allowances for conducting the business of the advisory committee, but the Board may authorize reimbursement for the actual expenses incurred by a member for traveling to and from a meeting of the advisory committee.

     Sec. 16.  NRS 632.120 is hereby amended to read as follows:

     632.120  1.  The Board shall:

     (a) Adopt regulations establishing reasonable standards:

           (1) For the denial, renewal, suspension and revocation of, and the placement of conditions, limitations and restrictions upon, a license to practice professional or practical nursing or a certificate to practice as a nursing assistant [.] or medication aide - certified.

           (2) Of professional conduct for the practice of nursing.

           (3) For prescribing and dispensing controlled substances and dangerous drugs in accordance with applicable statutes.

     (b) Prepare and administer examinations for the issuance of a license or certificate under this chapter.

     (c) Investigate and determine the eligibility of an applicant for a license or certificate under this chapter.

     (d) Carry out and enforce the provisions of this chapter and the regulations adopted pursuant thereto.

     2.  The Board may adopt regulations establishing reasonable:

     (a) Qualifications for the issuance of a license or certificate under this chapter.

     (b) Standards for the continuing professional competence of licensees or holders of a certificate. The Board may evaluate licensees or holders of a certificate periodically for compliance with those standards.

     3.  The Board may adopt regulations establishing a schedule of reasonable fees and charges, in addition to those set forth in NRS 632.345, for:

     (a) Investigating licensees or holders of a certificate and applicants for a license or certificate under this chapter;

     (b) Evaluating the professional competence of licensees or holders of a certificate;

     (c) Conducting hearings pursuant to this chapter;

     (d) Duplicating and verifying records of the Board; and

     (e) Surveying, evaluating and approving schools of practical nursing, and schools and courses of professional nursing,

Ê and collect the fees established pursuant to this subsection.

     4.  For the purposes of this chapter, the Board shall, by regulation, define the term “in the process of obtaining accreditation.”

     5.  The Board may adopt such other regulations, not inconsistent with state or federal law, as may be necessary to carry out the provisions of this chapter relating to nursing assistant trainees , [and] nursing assistants [.] and medication aides - certified.

     6.  The Board may adopt such other regulations, not inconsistent with state or federal law, as are necessary to enable it to administer the provisions of this chapter.

     Sec. 17.  NRS 632.122 is hereby amended to read as follows:

     632.122  The Board may:

     1.  Accept gifts or grants of money to pay for the costs of administering the provisions of this chapter.

     2.  Enter into contracts with other public agencies and accept payment from those agencies to pay the expenses incurred by the Board in carrying out the provisions of this chapter relating to nursing assistant trainees , [and] nursing assistants [.]

 


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ê2011 Statutes of Nevada, Page 1328 (Chapter 255, SB 411)ê

 

out the provisions of this chapter relating to nursing assistant trainees , [and] nursing assistants [.] and medication aides - certified.

     Sec. 18.  NRS 632.125 is hereby amended to read as follows:

     632.125  1.  Each hospital or agency in the State employing professional or practical nurses , [or] nursing assistants or medication aides - certified shall submit a list of such nursing personnel to the Board at least three times annually as directed by the Board. Except as otherwise provided in NRS 239.0115, each list submitted to the Board pursuant to this subsection is confidential.

     2.  A medical facility shall, before hiring a nursing assistant , [or] nursing assistant trainee [,] or medication aide - certified, obtain validation from the Board that the prospective employee has a current certificate, is enrolled in a training program required for certification or is awaiting the results of a certification examination.

     Sec. 19.  NRS 632.286 is hereby amended to read as follows:

     632.286  1.  The Board shall supply the Health Division of the Department of Health and Human Services upon request with a list of each training program approved by the Board.

     2.  The Board shall share with each state agency which regulates medical facilities and facilities for the dependent any information the Board receives concerning disciplinary action taken against nursing assistants or medication aides - certified who work in the facilities.

     Sec. 20.  NRS 632.310 is hereby amended to read as follows:

     632.310  1.  The Board may, upon its own motion, and shall, upon the verified complaint in writing of any person, if the complaint alone or together with evidence, documentary or otherwise, presented in connection therewith, is sufficient to require an investigation, investigate the actions of any licensee or holder of a certificate or any person who assumes to act as a licensee or holder of a certificate within the State of Nevada.

     2.  The Executive Director of the Board may, upon receipt of information from a governmental agency, conduct an investigation to determine whether the information is sufficient to require an investigation for referral to the Board for its consideration.

     3.  If a written verified complaint filed with the Board does not include the complete name of the licensee , [or] nursing assistant or medication aide - certified against whom the complaint is filed, and the Board is unable to identify the licensee , [or] nursing assistant [,] or medication aide - certified, the Board shall request that the employer of the licensee , [or] nursing assistant or medication aide - certified provide to the Board the complete name of the licensee , [or] nursing assistant [.] or medication aide - certified. The employer shall provide the name to the Board within 3 business days after the request is made.

     4.  The employer of a licensee , [or] nursing assistant or medication aide - certified shall provide to the Board, upon its request, the record of the work assignments of any licensee , [or] nursing assistant or medication aide - certified whose actions are under investigation by the Board.

     5.  The Board shall retain all complaints received by the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

 


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     Sec. 21.  NRS 632.320 is hereby amended to read as follows:

     632.320  1.  The Board may deny, revoke or suspend any license or certificate applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee or holder of a certificate, upon determining that the licensee or certificate holder:

     (a) Is guilty of fraud or deceit in procuring or attempting to procure a license or certificate pursuant to this chapter.

     (b) Is guilty of any offense:

           (1) Involving moral turpitude; or

           (2) Related to the qualifications, functions or duties of a licensee or holder of a certificate,

Ê in which case the record of conviction is conclusive evidence thereof.

     (c) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

     (d) Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.

     (e) Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his or her ability to conduct the practice authorized by the license or certificate.

     (f) Is a person with mental incompetence.

     (g) Is guilty of unprofessional conduct, which includes, but is not limited to, the following:

           (1) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.

           (2) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license or certificate.

           (3) Impersonating another licensed practitioner or holder of a certificate.

           (4) Permitting or allowing another person to use his or her license or certificate to practice as a licensed practical nurse, registered nurse , [or] nursing assistant [.] or medication aide - certified.

           (5) Repeated malpractice, which may be evidenced by claims of malpractice settled against the licensee or certificate holder.

           (6) Physical, verbal or psychological abuse of a patient.

           (7) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.

     (h) Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.

     (i) Is guilty of aiding or abetting any person in a violation of this chapter.

     (j) Has falsified an entry on a patient’s medical chart concerning a controlled substance.

     (k) Has falsified information which was given to a physician, pharmacist, podiatric physician or dentist to obtain a controlled substance.

 


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     (l) Has been disciplined in another state in connection with a license to practice nursing or a certificate to practice as a nursing assistant or medication aide - certified, or has committed an act in another state which would constitute a violation of this chapter.

     (m) Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.

     (n) Has willfully failed to comply with a regulation, subpoena or order of the Board.

     (o) Has operated a medical facility at any time during which:

           (1) The license of the facility was suspended or revoked; or

           (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This paragraph applies to an owner or other principal responsible for the operation of the facility.

     2.  For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The Board may take disciplinary action pending the appeal of a conviction.

     Sec. 22.  NRS 632.342 is hereby amended to read as follows:

     632.342  1.  The certificate of a nursing assistant or medication aide - certified must be renewed biennially on the date of the certificate holder’s birthday.

     2.  The Board shall renew a certificate if the applicant:

     (a) Submits a completed written application and the fee required by this chapter;

     (b) Submits documentation of completion of continuing training, as required by the Board, in the previous 24 months;

     (c) Has not committed any acts which are grounds for disciplinary action, unless the Board determines that sufficient restitution has been made or the act was not substantially related to nursing;

     (d) Submits documentation of employment as a nursing assistant or medication aide - certified during the 2 years immediately preceding the date of the renewal; and

     (e) Submits all information required to complete the renewal.

Ê The training program completed pursuant to paragraph (b) must be approved by the Board.

     3.  Failure to renew the certificate results in forfeiture of the right to practice unless the nursing assistant or medication aide - certified qualifies for the issuance of a new certificate.

     4.  Renewal of a certificate becomes effective on the date on which:

     (a) The application is filed;

     (b) The renewal fee is paid; or

     (c) All information required to complete the renewal is submitted,

Ê whichever occurs latest.

     Sec. 23.  NRS 632.3425 is hereby amended to read as follows:

     632.3425  A suspended license or certificate is subject to expiration and must be renewed as provided in NRS 632.341 or 632.342. Renewal does not entitle the licensee , [or] nursing assistant or medication aide - certified to engage in activity which requires licensure or certification until the completion of the suspension.

 


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     Sec. 24.  NRS 632.345 is hereby amended to read as follows:

     632.345  1.  The Board shall establish and may amend a schedule of fees and charges for the following items and within the following ranges:

 

                                                                                                                                     Not less             Not more

                                                                                                                                          than                     than

Application for license to practice professional nursing (registered nurse).............. $45........................................................................................................................ $100

Application for license to practice practical nursing.................................................. 30............................................................................................................................ 90

Application for temporary license to practice professional nursing or practical nursing pursuant to NRS 632.300, which fee must be credited toward the fee required for a regular license, if the applicant applies for a license............................................ 15............................................................................................................................ 50

Application for a certificate to practice as a nursing assistant or medication aide - certified .............................................................................................................. 15............................................................................................................................ 50

Application for a temporary certificate to practice as a nursing assistant pursuant to NRS 632.300, which fee must be credited toward the fee required for a regular certificate, if the applicant applies for a certificate................................................ 5............................................................................................................................ 40

Biennial fee for renewal of a license......................................................................... 40.......................................................................................................................... 100

Biennial fee for renewal of a certificate.................................................................... 20............................................................................................................................ 50

Fee for reinstatement of a license.............................................................................. 10.......................................................................................................................... 100

Application for recognition as an advanced practitioner of nursing.......................... 50.......................................................................................................................... 200

Application for recognition as a certified registered nurse anesthetist....................... 50.......................................................................................................................... 200

Biennial fee for renewal of recognition as an advanced practitioner of nursing or certified registered nurse anesthetist.................................................................... 50.......................................................................................................................... 200

Examination fee for license to practice professional nursing.................................... 20.......................................................................................................................... 100

Examination fee for license to practice practical nursing.......................................... 10............................................................................................................................ 90

Rewriting examination for license to practice professional nursing........................... 20.......................................................................................................................... 100

Rewriting examination for license to practice practical nursing................................. 10............................................................................................................................ 90

Duplicate license......................................................................................................... 5............................................................................................................................ 30

Duplicate certificate.................................................................................................... 5............................................................................................................................ 30

Proctoring examination for candidate from another state.......................................... 25.......................................................................................................................... 150

Fee for approving one course of continuing education............................................. 10............................................................................................................................ 50

 


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ê2011 Statutes of Nevada, Page 1332 (Chapter 255, SB 411)ê

 

                                                                                                                                     Not less             Not more

                                                                                                                                          than                     than

Fee for reviewing one course of continuing education which has been changed since approval.............................................................................................................. $5.......................................................................................................................... $30

Annual fee for approval of all courses of continuing education offered................. 100.......................................................................................................................... 500

Annual fee for review of training program................................................................ 60.......................................................................................................................... 100

Certification examination.......................................................................................... 10............................................................................................................................ 90

Approval of instructors of training programs............................................................ 50.......................................................................................................................... 100

Approval of proctors for certification examinations................................................. 20............................................................................................................................ 50

Approval of training programs................................................................................ 150.......................................................................................................................... 250

Validation of licensure or certification........................................................................ 5............................................................................................................................ 25

 

     2.  The Board may collect the fees and charges established pursuant to this section, and those fees or charges must not be refunded.

     Sec. 25.  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, medication aide - certified, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State.

     (b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.

     (c) A coroner.

     (d) Any person who maintains or is employed by an agency to provide personal care services in the home.

     (e) Any person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 427A.0291.

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

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

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

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

     (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.

 


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

     (k) Any social worker.

     2.  Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant or medication aide - certified has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility. The superintendent, manager or other person in charge shall make a report as required in subsection 1.

     3.  A report may be filed by any other person.

     4.  Any person who in good faith reports any violation of the provisions of this chapter to the Executive Director of the Board pursuant to this section is immune from civil liability for reporting the violation.

     5.  As used in this section, “agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.

     Sec. 26.  NRS 632.476 is hereby amended to read as follows:

     632.476  Each employer of a licensee , [or] nursing assistant or medication aide - certified shall prepare and maintain, for at least 5 years, a record of the work assignments of each licensee , [or] nursing assistant [.] or medication aide - certified.

     Sec. 27.  NRS 632.490 is hereby amended to read as follows:

     632.490  1.  The Board shall cause the prosecution of all persons violating the provisions of this chapter.

     2.  The Board, or any person designated by the Board, may prefer a complaint for violation of NRS 632.285 or 632.315 or section 7 or 11 of this act before any court of competent jurisdiction, and it may take the necessary legal steps through the proper legal officers of this State to enforce the provisions thereof.

     Sec. 28.  NRS 632.495 is hereby amended to read as follows:

     632.495  1.  In addition to any other penalty:

     (a) The Board may issue a citation to a person who violates the provisions of NRS 632.285 or 632.315 [.] or section 7 or 11 of this act. A citation issued pursuant to this paragraph must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 2. A separate citation must be issued for each violation. If appropriate, the citation must contain an order of abatement of the violation.

     (b) The Board shall assess an administrative fine of:

           (1) For the first violation, $500.

           (2) For the second violation, $1,000.

           (3) For the third or subsequent violation, $1,500.

     2.  To appeal the finding of a violation of NRS 632.285 or 632.315 [,] or section 7 or 11 of this act, the person must request a hearing by written notice of appeal to the Board within 30 days after the date of issuance of the citation.

     Sec. 29.  NRS 633.505 is hereby amended to read as follows:

     633.505  1.  An osteopathic physician or any agent or employee thereof shall not retaliate or discriminate unfairly against:

     (a) An employee of the osteopathic physician or a person acting on behalf of the employee who in good faith:

 


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           (1) Reports to the State Board of Osteopathic Medicine information relating to the conduct of the osteopathic physician which may constitute grounds for initiating disciplinary action against the osteopathic physician or which otherwise raises a reasonable question regarding the competence of the osteopathic physician to practice medicine with reasonable skill and safety to patients; or

           (2) Reports a sentinel event to the Health Division of the Department of Health and Human Services pursuant to NRS 439.835;

     (b) A registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the osteopathic physician and who:

           (1) In good faith, reports to the osteopathic physician, the State Board of Osteopathic Medicine, the State Board of Nursing, the Legislature or any committee thereof or any other governmental entity:

                (I) Any information concerning the willful conduct of another registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified which violates any provision of chapter 632 of NRS or which is required to be reported to the State Board of Nursing;

                (II) Any concerns regarding patients who may be exposed to a substantial risk of harm as a result of the failure of the osteopathic physician or any agent or employee thereof to comply with minimum professional or accreditation standards or applicable statutory or regulatory requirements; or

                (III) Any other concerns regarding the osteopathic physician, the agents and employees thereof or any situation that reasonably could result in harm to patients; or

           (2) Refuses to engage in conduct that would violate the duty of the registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified to protect patients from actual or potential harm, including, without limitation, conduct which would violate any provision of chapter 632 of NRS or which would subject the registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified to disciplinary action by the State Board of Nursing; or

     (c) An employee of the osteopathic physician, a person acting on behalf of the employee or a registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the osteopathic physician and who cooperates or otherwise participates in an investigation or proceeding conducted by the State Board of Osteopathic Medicine or another governmental entity relating to conduct described in paragraph (a) or (b).

     2.  An osteopathic physician or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the osteopathic physician or a registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the osteopathic physician because the employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified has taken an action described in subsection 1.

     3.  An osteopathic physician or any agent or employee thereof shall not prohibit, restrict or attempt to prohibit or restrict by contract, policy, procedure or any other manner the right of an employee of the osteopathic physician or a registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the osteopathic physician to take an action described in subsection 1.

 


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ê2011 Statutes of Nevada, Page 1335 (Chapter 255, SB 411)ê

 

assistant or medication aide - certified who is employed by or contracts to provide nursing services for the osteopathic physician to take an action described in subsection 1.

     4.  As used in this section:

     (a) “Good faith” means honesty in fact in the reporting of the information or in the cooperation in the investigation concerned.

     (b) “Retaliate or discriminate”:

           (1) Includes, without limitation, any of the following actions if taken solely because the employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified took an action described in subsection 1:

                (I) Frequent or undesirable changes in the location where the person works;

                (II) Frequent or undesirable transfers or reassignments;

                (III) The issuance of letters of reprimand, letters of admonition or evaluations of poor performance;

                (IV) A demotion;

                (V) A reduction in pay;

                (VI) The denial of a promotion;

                (VII) A suspension;

                (VIII) A dismissal;

                (IX) A transfer; or

                (X) Frequent changes in working hours or workdays.

           (2) Does not include an action described in sub-subparagraphs (I) to (X), inclusive, of subparagraph (1) if the action is taken in the normal course of employment or as a form of discipline.

     Sec. 30.  NRS 633.507 is hereby amended to read as follows:

     633.507  1.  An employee of an osteopathic physician or a registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the osteopathic physician and who believes that he or she has been retaliated or discriminated against in violation of NRS 633.505 may file an action in a court of competent jurisdiction.

     2.  If a court determines that a violation of NRS 633.505 has occurred, the court may award such damages as it determines to have resulted from the violation, including, without limitation:

     (a) Compensatory damages;

     (b) Reimbursement of any wages, salary, employment benefits or other compensation denied to or lost by the employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified as a result of the violation;

     (c) Attorney’s fees and costs, including, without limitation, fees for expert witnesses; and

     (d) Punitive damages, if the facts warrant.

     3.  The court shall award interest on the amount of damages at a rate determined pursuant to NRS 17.130.

     4.  The court may grant any equitable relief it considers appropriate, including, without limitation, reinstatement of the employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified and any temporary, preliminary or permanent injunctive relief.

 


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ê2011 Statutes of Nevada, Page 1336 (Chapter 255, SB 411)ê

 

     5.  If any action to retaliate or discriminate is taken against an employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified within 60 days after the employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified takes any action described in subsection 1 of NRS 633.505, there is a rebuttable presumption that the action taken against the employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified constitutes retaliation or discrimination in violation of NRS 633.505.

     6.  An osteopathic physician or any agent or employee thereof that violates the provisions of NRS 633.505 is subject to a civil penalty of not more than $10,000 for each violation. The Attorney General or any district attorney of this State may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

     7.  Any action under this section must be brought not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.

     8.  As used in this section, “retaliate or discriminate” has the meaning ascribed to it in NRS 633.505.

     Sec. 31.  NRS 200.471 is hereby amended to read as follows:

     200.471  1.  As used in this section:

     (a) “Assault” means:

           (1) Unlawfully attempting to use physical force against another person; or

           (2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.

     (b) “Officer” means:

           (1) A person who possesses some or all of the powers of a peace officer;

           (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

           (3) A member of a volunteer fire department;

           (4) A jailer, guard or other correctional officer of a city or county jail;

           (5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph; or

           (6) An employee of the State or a political subdivision of the State whose official duties require the employee to make home visits.

     (c) “Provider of health care” means a physician, a perfusionist or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractor, a chiropractor’s assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a dentist, a dental hygienist, a pharmacist, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern and an emergency medical technician.

 


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ê2011 Statutes of Nevada, Page 1337 (Chapter 255, SB 411)ê

 

a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern and an emergency medical technician.

     (d) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

     (e) “Sporting event” has the meaning ascribed to it in NRS 41.630.

     (f) “Sports official” has the meaning ascribed to it in NRS 41.630.

     (g) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

     (h) “Taxicab driver” means a person who operates a taxicab.

     (i) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

     2.  A person convicted of an assault shall be punished:

     (a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.

     (b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

     (c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

     (d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

     Sec. 32.  Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

     “Medication aide - certified” has the meaning ascribed to it in section 6.5 of this act.

     Sec. 33.  NRS 449.001 is hereby amended to read as follows:

     449.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.0195, inclusive, and section 32 of this act have the meanings ascribed to them in those sections.

 


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ê2011 Statutes of Nevada, Page 1338 (Chapter 255, SB 411)ê

 

     Sec. 34.  NRS 449.205 is hereby amended to read as follows:

     449.205  1.  A medical facility or any agent or employee thereof shall not retaliate or discriminate unfairly against:

     (a) An employee of the medical facility or a person acting on behalf of the employee who in good faith:

           (1) Reports to the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, information relating to the conduct of a physician which may constitute grounds for initiating disciplinary action against the physician or which otherwise raises a reasonable question regarding the competence of the physician to practice medicine with reasonable skill and safety to patients;

           (2) Reports a sentinel event to the Health Division pursuant to NRS 439.835; or

           (3) Cooperates or otherwise participates in an investigation or proceeding conducted by the Board of Medical Examiners, the State Board of Osteopathic Medicine or another governmental entity relating to conduct described in subparagraph (1) or (2); or

     (b) A registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the medical facility and who:

           (1) In accordance with the policy, if any, established by the medical facility:

                (I) Reports to his or her immediate supervisor, in writing, that he or she does not possess the knowledge, skill or experience to comply with an assignment to provide nursing services to a patient; and

                (II) Refuses to provide to a patient nursing services for which, as verified by documentation in the personnel file of the registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified concerning his or her competence to provide various nursing services, he or she does not possess the knowledge, skill or experience to comply with the assignment to provide nursing services to the patient, unless the refusal constitutes unprofessional conduct as set forth in chapter 632 of NRS or any regulations adopted pursuant thereto;

           (2) In good faith, reports to the medical facility, the Board of Medical Examiners, the State Board of Osteopathic Medicine, the State Board of Nursing, the Legislature or any committee thereof or any other governmental entity:

                (I) Any information concerning the willful conduct of another registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified which violates any provision of chapter 632 of NRS or which is required to be reported to the State Board of Nursing;

                (II) Any concerns regarding patients who may be exposed to a substantial risk of harm as a result of the failure of the medical facility or any agent or employee thereof to comply with minimum professional or accreditation standards or applicable statutory or regulatory requirements; or

                (III) Any other concerns regarding the medical facility, the agents and employees thereof or any situation that reasonably could result in harm to patients; or

           (3) Refuses to engage in conduct that would violate the duty of the registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified to protect patients from actual or potential harm, including, without limitation, conduct which would violate any provision of chapter 632 of NRS or which would subject the registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified to disciplinary action by the State Board of Nursing.

 


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ê2011 Statutes of Nevada, Page 1339 (Chapter 255, SB 411)ê

 

chapter 632 of NRS or which would subject the registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified to disciplinary action by the State Board of Nursing.

     2.  A medical facility or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the medical facility or a registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the medical facility because the employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified has taken an action described in subsection 1.

     3.  A medical facility or any agent or employee thereof shall not prohibit, restrict or attempt to prohibit or restrict by contract, policy, procedure or any other manner the right of an employee of the medical facility or a registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the medical facility to take an action described in subsection 1.

     4.  As used in this section:

     (a) “Good faith” means honesty in fact in the reporting of the information or in the cooperation in the investigation concerned.

     (b) “Physician” means a person licensed to practice medicine pursuant to chapter 630 or 633 of NRS.

     (c) “Retaliate or discriminate”:

           (1) Includes, without limitation, any of the following actions if taken solely because the employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified took an action described in subsection 1:

                (I) Frequent or undesirable changes in the location where the person works;

                (II) Frequent or undesirable transfers or reassignments;

                (III) The issuance of letters of reprimand, letters of admonition or evaluations of poor performance;

                (IV) A demotion;

                (V) A reduction in pay;

                (VI) The denial of a promotion;

                (VII) A suspension;

                (VIII) A dismissal;

                (IX) A transfer; or

                (X) Frequent changes in working hours or workdays.

           (2) Does not include an action described in sub-subparagraphs (I) to (X), inclusive, of subparagraph (1) if the action is taken in the normal course of employment or as a form of discipline.

     Sec. 35.  NRS 449.207 is hereby amended to read as follows:

     449.207  1.  An employee of a medical facility or a registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the medical facility and who believes that he or she has been retaliated or discriminated against in violation of NRS 449.205 may file an action in a court of competent jurisdiction.

     2.  If a court determines that a violation of NRS 449.205 has occurred, the court may award such damages as it determines to have resulted from the violation, including, without limitation:

 


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ê2011 Statutes of Nevada, Page 1340 (Chapter 255, SB 411)ê

 

     (a) Compensatory damages;

     (b) Reimbursement of any wages, salary, employment benefits or other compensation denied to or lost by the employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified as a result of the violation;

     (c) Attorney’s fees and costs, including, without limitation, fees for expert witnesses; and

     (d) Punitive damages, if the facts warrant.

     3.  The court shall award interest on the amount of damages at a rate determined pursuant to NRS 17.130.

     4.  The court may grant any equitable relief it considers appropriate, including, without limitation, reinstatement of the employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified and any temporary, preliminary or permanent injunctive relief.

     5.  If any action to retaliate or discriminate is taken against an employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified within 60 days after the employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified takes any action described in subsection 1 of NRS 449.205, there is a rebuttable presumption that the action taken against the employee, registered nurse, licensed practical nurse , [or] nursing assistant or medication aide - certified constitutes retaliation or discrimination in violation of NRS 449.205.

     6.  A medical facility or any agent or employee thereof that violates the provisions of NRS 449.205 is subject to a civil penalty of not more than $10,000 for each violation. The Attorney General or any district attorney of this State may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

     7.  Any action under this section must be brought not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.

     8.  As used in this section, “retaliate or discriminate” has the meaning ascribed to it in NRS 449.205.

     Sec. 36.  NRS 449.208 is hereby amended to read as follows:

     449.208  1.  A medical facility shall prepare a written notice for the employees of the medical facility and for the nurses , [and] nursing assistants and medication aides - certified who contract with the medical facility regarding the protections provided for actions taken pursuant to subsection 1 of NRS 449.205 and the legal remedy provided pursuant to NRS 449.207. The notice must include the process by which an employee, nurse , [or] nursing assistant or medication aide - certified may make a report pursuant to subsection 1 of NRS 449.205.

     2.  A medical facility shall:

     (a) Post in one or more conspicuous places at the medical facility the notice prepared pursuant to subsection 1; and

     (b) Include the text of the written notice in any manual or handbook that the medical facility provides to employees , [and] nurses , [and] nursing assistants and medication aides - certified who contract with the medical facility concerning employment practices at the medical facility.

 


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ê2011 Statutes of Nevada, Page 1341 (Chapter 255, SB 411)ê

 

     Sec. 37.  NRS 449.2416 is hereby amended to read as follows:

     449.2416  “Nurse” means a person licensed pursuant to chapter 632 of NRS to practice nursing, including, without limitation, a licensed practical nurse. The term does not include a certified nursing assistant [.] or a medication aide - certified.

     Sec. 38.  NRS 449.247 is hereby amended to read as follows:

     449.247  1.  The Health Division may review the personnel files of a medical facility or facility for the dependent to determine that each nursing assistant or medication aide - certified employed by the facility has a current certificate.

     2.  The Health Division shall review the qualifications of instructors of nursing assistants or medication aides - certified for each program of which the Division is notified pursuant to NRS 632.286.

     3.  The Health Division may conduct the review of training programs for nursing assistants or medication aides - certified in facilities for long-term care.

     4.  The Health Division and any other state agency which regulates medical facilities and facilities for the dependent shall provide to the State Board of Nursing any information it discovers concerning:

     (a) Programs and instructors for training nursing assistants or medication aides - certified which do not comply with the requirements established by the State Board of Nursing.

     (b) The failure of a nursing assistant or medication aide - certified to perform consistently at a safe level.

     (c) The results of any investigation of a facility if the investigation concerns a nursing assistant , medication aide - certified or instructor or training program for nursing assistants [.] or medication aides - certified.

     5.  The State Board of Nursing shall investigate any report submitted pursuant to subsection 4 and may revoke approval of a program or instructor if the allegations of the report are true.

     Sec. 39.  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 licensed pursuant to chapter 630 or 633 of NRS, at the direction of his or her 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 licensed pursuant to chapter 630 or 633 of NRS, 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.

 


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ê2011 Statutes of Nevada, Page 1342 (Chapter 255, SB 411)ê

 

     5.  A medication aide - certified at a designated facility under the supervision of an advanced practitioner of nursing or registered nurse and in accordance with standard protocols developed by the State Board of Nursing. As used in this subsection, “designated facility” has the meaning ascribed to it in section 6 of this act.

     6.  Except as otherwise provided in subsection [6,] 7, 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 439.362 or 439.370 in any county.

     [6.] 7.  An intermediate emergency medical technician or an advanced emergency medical technician who holds an endorsement issued pursuant to NRS 450B.1975, under the direct supervision of a local health officer or a designee of the local health officer pursuant to that section.

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

     [8.] 9.  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.

     [9.] 10.  A medical student or student nurse in the course of his or her 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.

Ê 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.

     [10.] 11.  Any person designated by the head of a correctional institution.

     [11.] 12.  An ultimate user or any person designated by the ultimate user pursuant to a written agreement.

     [12.] 13.  A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

     [13.] 14.  A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

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

     [15.] 16.  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

 


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ê2011 Statutes of Nevada, Page 1343 (Chapter 255, SB 411)ê

 

     (b) Prescribed by a licensed physician for:

           (1) Iontophoresis; or

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

     [16.] 17.  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.

     [17.] 18.  A veterinary technician at the direction of his or her supervising veterinarian.

     [18.] 19.  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”] standards for immunization practices recommended and approved by the [United States Public Health Service] Advisory Committee on Immunization Practices.

     [19.] 20.  A person who is enrolled in a training program to become a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, intermediate emergency medical technician, advanced emergency medical technician, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician if the person possesses and administers the drug or medicine in the same manner and under the same conditions that apply, respectively, to a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, intermediate emergency medical technician, advanced emergency medical technician, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician who may possess and administer the drug or medicine, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

     Sec. 40.  This act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 2011, for all other purposes.

________

 


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ê2011 Statutes of Nevada, Page 1344ê

 

CHAPTER 256, SB 132

Senate Bill No. 132–Committee on Health and Human Services

 

CHAPTER 256

 

[Approved: June 4, 2011]

 

AN ACT relating to osteopathic medicine; removing the prospective expiration of the provisions governing licensure by endorsement of osteopathic physicians; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill removes the prospective expiration of the provision which requires the State Board of Osteopathic Medicine to issue a license by endorsement to a person who has been issued a license to practice osteopathic medicine by the District of Columbia or any state or territory of the United States and who meets certain requirements. (NRS 633.400)

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Section 121 of chapter 413, Statutes of Nevada 2007, as amended by chapter 369, Statutes of Nevada 2009, at page 1856 and chapter 494, Statutes of Nevada 2009, at page 2999, is hereby amended to read as follows:

     Sec. 121.  1.  This section becomes effective upon passage and approval.

     2.  Sections 1 to 42.3, inclusive, and 43 to 120, inclusive, of this act become effective:

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

     (b) On January 1, 2008, for all other purposes.

     3.  [Sections] Section 11 [and 25] of this act [expire] expires by limitation on January 1, 2012.

     4.  Section 42.3 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

     5.  Section 42.7 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

 


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ê2011 Statutes of Nevada, Page 1345 (Chapter 256, SB 132)ê

 

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

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

Ê are repealed by the Congress of the United States.

     6.  Sections 42.7 and 55.5 of this act expire by limitation on the date 2 years after the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

     Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 257, SB 102

Senate Bill No. 102–Committee on Natural Resources

 

CHAPTER 257

 

[Approved: June 4, 2011]

 

AN ACT relating to wildlife; revising the civil penalties for unlawfully killing or possessing certain big game mammals and other wildlife and for hunting, fishing or trapping without a valid license, tag or permit; requiring the Board of Wildlife Commissioners to adopt regulations for the taking of antlers naturally shed by big game mammals; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law imposes certain civil penalties against a person for unlawfully killing or possessing big game mammals, bobcats, swans, eagles or other fish or wildlife and for hunting, fishing or trapping without a license. (NRS 501.3855) Section 1 of this bill imposes a similar civil penalty against a person for unlawfully killing or possessing a trophy big game mammal in an amount that is not less than $5,000 or more than $30,000. Section 1 also imposes a civil penalty against a person for unlawfully killing or possessing a moose and revises the maximum civil penalty for which a person is liable for hunting, fishing or trapping without a license, tag or permit. The revised maximum amount of that civil penalty is changed from $250 to the amount of the fee for the required license, tag or permit for the activity in which the person engaged.

       Existing law requires the Board of Wildlife Commissioners to establish broad policies for the management of wildlife in this State and to adopt regulations to carry out the provisions of title 45 of NRS governing wildlife in this State. (NRS 501.181) Existing law also prohibits a person from selling, bartering, trading or purchasing the parts of any species of wildlife except as otherwise provided in that title or in a regulation adopted by the Commission. (NRS 501.379) Section 2 of this bill requires the Commission to adopt regulations for the taking of antlers which have been naturally shed by any big game mammal in this State.

 


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ê2011 Statutes of Nevada, Page 1346 (Chapter 257, SB 102)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 501.3855 is hereby amended to read as follows:

     501.3855  1.  In addition to the penalties provided for the violation of any of the provisions of this title, every person who [unlawfully] :

     (a) Unlawfully kills or possesses a trophy big game mammal [,] is liable for a civil penalty of not less than $5,000 nor more than $30,000; or

     (b) Except as otherwise provided in paragraph (a), unlawfully kills or possesses a big game mammal, moose, bobcat, swan or eagle is liable for a civil penalty of not less than $250 [nor more] but less than $5,000.

     2.  For the unlawful killing or possession of fish or wildlife not included in subsection 1, [the court may order the defendant to pay] a person is liable for a civil penalty of not less than $25 nor more than $1,000.

     3.  For hunting, fishing or trapping without a valid license, tag or permit, [the court may order the defendant to pay] a person is liable for a civil penalty of not less than $50 nor more than [$250.] the amount of the fee for the license, tag or permit required for the activity in which the person engaged.

     4.  Every court, before whom a defendant is convicted of unlawfully killing or possessing any wildlife, shall order the defendant to pay the civil penalty in the amount stated in this section for each mammal, bird or fish unlawfully killed or possessed. The court shall fix the manner and time of payment.

     5.  The Department may attempt to collect all penalties and installments that are in default in any manner provided by law for the enforcement of a judgment.

     6.  If a person who is ordered to pay a civil penalty pursuant to this section fails to do so within 90 days after the date set forth in the order, the Department may suspend, revoke, or refuse to issue or renew any license, tag, permit, certificate or other document or privilege otherwise available to the person pursuant to this title or chapter 488 of NRS.

     7.  Each court that receives money pursuant to the provisions of this section shall forthwith remit the money to the Department which shall deposit the money with the State Treasurer for credit to the Wildlife Account in the State General Fund.

     8.  As used in this section, “trophy big game mammal” means a mule deer with an outside antler measurement of at least 24 inches, a bighorn sheep of any species with at least one horn exceeding a half curl, a Rocky Mountain elk with at least six antler points on one antler, a pronghorn antelope with at least one horn which is more than 14 inches in length, a mountain goat or a black bear. As used in this subsection:

     (a) “Antler” means any bony growth originating from the pedicle portion of the skull of a big game mammal that is annually cast and regenerated as part of the annual life cycle of the big game mammal.

     (b) “Antler point” means a projection which is at least 1 inch in length with the length exceeding the width of its base, excluding the first point on the main beam commonly known as the eye guard on mule deer.

     (c) “Horn exceeding a half curl” means a horn tip that has grown at least through 180 degrees of a circle determined by establishing a parallel reference line from the base of the horn and measuring the horn tip to determine whether the horn tip has grown at least to the projection of the reference line.

 


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ê2011 Statutes of Nevada, Page 1347 (Chapter 257, SB 102)ê

 

reference line from the base of the horn and measuring the horn tip to determine whether the horn tip has grown at least to the projection of the reference line.

     (d) “Outside antler measurement” means the perpendicular measurement at right angles to the center line of the skull of a deer at the widest point between the main antler beams or the antler points off the main antler beams.

     Sec. 2.  Chapter 503 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Commission shall adopt regulations for the taking of shed antlers.

     2.  As used in this section, “shed antlers” means antlers which have been naturally shed by any big game mammal in this State.

     Sec. 3.  This act becomes effective:

     1.  Upon passage and approval for the purpose of adopting the regulations required by section 2 of this act; and

     2.  On October 1, 2011, for all other purposes.

________

CHAPTER 258, SB 88

Senate Bill No. 88–Committee on Judiciary

 

CHAPTER 258

 

[Approved: June 4, 2011]

 

AN ACT relating to real property; enacting the Uniform Real Property Transfer on Death Act; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill replaces the provisions of existing law authorizing a person to convey real property in a deed which becomes effective upon his or her death with the provisions of the Uniform Real Property Transfer on Death Act. In this bill, the language of the Uniform Real Property Transfer on Death Act as drafted by the Uniform Law Commission has been modified with language specific to Nevada.

       Section 12 of this bill maintains a provision of existing law which authorizes a person to create a deed that transfers his or her real property pursuant to a deed which becomes effective upon the person’s death. Section 15 of this bill maintains a provision of existing law which provides that, to make a deed upon death, a person must have the same capacity as required for the making of a will, and section 16 of this bill maintains the requirement of existing law that the deed upon death be recorded. Section 17 of this bill provides that the deed upon death is effective without consideration and without notice or delivery to, or acceptance by, the beneficiary during the lifetime of the person making the deed. Section 24 of this bill provides a form that must be used to create a deed upon death which is substantially the same as the form contained in existing law.

       Under sections 13 and 25 of this bill, the person making a deed upon death retains the power to revoke the deed. Section 13 keeps the provisions of existing law concerning the circumstances under which a deed upon death is void. Section 25: (1) provides a form that may be used to revoke a deed upon death which is substantially the same as the form contained in existing law; and (2) maintains the requirement in existing law that the revocation of a deed upon death be recorded. Sections 19-23, 28 and 29 of this bill enact provisions governing the effect of a deed upon death which are substantially similar to existing law governing deeds upon death.

 


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ê2011 Statutes of Nevada, Page 1348 (Chapter 258, SB 88)ê

 

are substantially similar to existing law governing deeds upon death. Section 19 limits the effect of a deed upon death during the life of the person making the deed. Sections 21, 28 and 29 provide for the disclaimer of a beneficiary’s interest by recording a disclaimer in the office of the county recorder of the county in which the property is located. Section 22 provides that a decedent’s property which is transferred pursuant to a deed upon death may be subject to the claims of his or her creditors under certain circumstances. Section 23 maintains a provision of existing law which prohibits a deed upon death from limiting the recovery of Medicaid benefits.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 111 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 27, inclusive, of this act.

     Sec. 2.  Sections 2 to 27, inclusive, of this act may be cited as the Uniform Real Property Transfer on Death Act.

     Sec. 3.  As used in sections 2 to 27, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 10, inclusive, of this act have the meanings ascribed to them in those sections.

     Sec. 4.  “Beneficiary” means a person that receives property under a deed upon death.

     Sec. 4.5.  “Deed upon death” means a deed authorized under sections 2 to 27, inclusive, of this act.

     Sec. 5.  “Designated beneficiary” means a person designated to receive property in a deed upon death.

     Sec. 5.5.  “Grantor” means an individual who makes a deed upon death.

     Sec. 6.  (Deleted by amendment.)

     Sec. 7.  “Person” means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

     Sec. 8.  “Property” means an interest in real property located in this State which is transferable on the death of the owner.

     Secs. 9-11.  (Deleted by amendment.)

     Sec. 12.  The owner of an interest in property may create a deed which conveys his or her interest in property to a beneficiary or multiple beneficiaries and which becomes effective upon the death of the owner. A deed created pursuant to this section must be known as a deed upon death.

     Sec. 12.3.  The owner of an interest in property who creates a deed upon death may designate in the deed:

     1.  Multiple beneficiaries who will take title to the property upon his or her death as joint tenants with right of survivorship, tenants in common, husband and wife as community property, community property with right of survivorship or any other tenancy that is recognized in this State.

     2.  The beneficiary or beneficiaries who will take title to the property upon his or her death as the sole and separate property of the beneficiary or beneficiaries without the necessity of the filing of a quitclaim deed or disclaimer by the spouse of any beneficiary.

 


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ê2011 Statutes of Nevada, Page 1349 (Chapter 258, SB 88)ê

 

     Sec. 12.7.  If the owner of the property which is the subject of a deed upon death holds the interest in the property as a joint tenant with right of survivorship or as community property with the right of survivorship and:

     1.  The deed includes a conveyance of the interest from each of the other owners, the deed becomes effective on the date of the death of the last surviving owner.

     2.  The deed does not include a conveyance of the interest from each of the other owners, the deed becomes effective on the date of the death of the owner who created the deed only if that owner is the last surviving owner.

     Sec. 13.  1.  If an owner of an interest in property who creates a deed upon death transfers his or her interest in the property to another person during his or her lifetime, the deed upon death is void.

     2.  If an owner of an interest in property who creates a deed upon death executes and records more than one deed upon death concerning the same property, the deed upon death that is last recorded before the death of the owner is the effective deed.

     Sec. 14.  (Deleted by amendment.)

     Sec. 15.  The capacity required to make or revoke a deed upon death is the same as the capacity required to make a will.

     Sec. 16.  A deed upon death is valid only if executed and recorded as provided by law in the office of the county recorder of the county where the property is located before the death of the owner or the death of the last surviving owner.

     Sec. 17.  A deed upon death is effective without:

     1.  Notice or delivery to or acceptance by the beneficiary or beneficiaries; or

     2.  Consideration.

     Sec. 18.  (Deleted by amendment.)

     Sec. 19.  During the owner’s lifetime, a deed upon death does not:

     1.  Affect an interest or right of the owner, including, without limitation, the right to transfer or encumber the property;

     2.  Affect any method of transferring property otherwise permitted under the laws of this State;

     3.  Affect an interest or right of a designated beneficiary, even if the designated beneficiary has actual or constructive notice of the deed;

     4.  Affect an interest or right of a secured or unsecured creditor or future creditor of the owner, even if the creditor has actual or constructive notice of the deed;

     5.  Affect the owner’s or the designated beneficiary’s eligibility for any form of public assistance;

     6.  Create a legal or equitable interest in favor of the designated beneficiary; or

     7.  Subject the property to claims or process of a creditor of the designated beneficiary.

     Sec. 20.  (Deleted by amendment.)

     Sec. 21.  A beneficiary may disclaim all or part of the beneficiary’s interest under a deed upon death by recording a disclaimer in the office of the county recorder of the county in which the property is located, as provided by chapter 120 of NRS.

     Sec. 22.  1.  To the extent the grantor’s probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, the estate may enforce the liability against property transferred pursuant to a deed upon death.

 


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ê2011 Statutes of Nevada, Page 1350 (Chapter 258, SB 88)ê

 

surviving spouse or child, the estate may enforce the liability against property transferred pursuant to a deed upon death.

     2.  If more than one property is transferred pursuant to one or more deeds upon death, the liability for any claim must be apportioned among the properties in proportion to their net values at the grantor’s death.

     3.  A proceeding to enforce the liability under this section must be commenced not later than 18 months after the grantor’s death.

     Sec. 22.5.  A beneficiary or beneficiaries under a deed upon death inherit the property subject to any liens on the property in existence on the date of the death of the grantor.

     Sec. 23.  The provisions of sections 2 to 27, inclusive, of this act must not be construed to limit the recovery of benefits paid for Medicaid.

     Sec. 24.  A deed upon death must be in substantially the following form:

 

DEED UPON DEATH

 

I (We)................... (here insert name of owner(s)) hereby convey to................... (here insert name of beneficiary or beneficiaries), effective on my (our) death, all right, title and interest in the real property commonly known as..................., City of..................., County of..................., State of Nevada, or located in the County of..................., State of Nevada, and more particularly described as:

 

(Legal Description)

 

Together with all improvements, tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues or profits thereof.

 

THIS DEED IS REVOCABLE. THIS DEED DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE GRANTOR(S). THIS DEED REVOKES ALL PRIOR DEEDS BY THE GRANTOR(S) WHICH CONVEY THE SAME REAL PROPERTY PURSUANT TO SECTIONS 2 TO 27, INCLUSIVE, OF THIS ACT, REGARDLESS OF WHETHER THE PRIOR DEEDS FAILED TO CONVEY THE ENTIRE INTEREST OF THE GRANTOR(S) IN THE SAME REAL PROPERTY.

 

THE UNDERSIGNED HEREBY AFFIRMS THAT THIS DOCUMENT SUBMITTED FOR RECORDING DOES NOT CONTAIN A SOCIAL SECURITY NUMBER.

 

                                           ..... (Date)

                                           ..... (Signature)

 

State of Nevada                 }

                                           } ss.

County of.......................... }

 


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ê2011 Statutes of Nevada, Page 1351 (Chapter 258, SB 88)ê

 

Subscribed and sworn to on this .......... day of .............., in the year .........., before me, ................... (here insert name of notary public), by ................... (here insert name of principal).

 

On this .......... day of .............., in the year .......... before me, ................... (here insert name of notary public), personally appeared ................... (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it.

 

.............................................. (Signature of Notary Public)

NOTARY SEAL

     Sec. 25.  A deed upon death may be revoked at any time by the owner or, if there is more than one owner, by any of the owners who created the deed even if the deed or other instrument contains a contrary provision. The revocation is valid only if executed and recorded as provided by law in the office of the county recorder of the county in which the property is located before the death of the owner who executes the revocation. A deed upon death may not be revoked by a revocatory act on the deed. If the property is held as joint tenants with right of survivorship or as community property with the right of survivorship and the revocation is not executed by all the owners, the revocation does not become effective unless the revocation is executed and recorded by the last surviving owner. The revocation of deed must be in substantially the following form:

 

REVOCATION OF DEED UPON DEATH

 

The undersigned hereby revoke(s) the deed upon death recorded on................... (date), as document or file number.........., book.........., at page.........., records of................... County, Nevada, listing................... as beneficiary or beneficiaries.

 

THE UNDERSIGNED HEREBY AFFIRMS THAT THIS DOCUMENT SUBMITTED FOR RECORDING DOES NOT CONTAIN A SOCIAL SECURITY NUMBER.

 

                                           ..... (Date)

                                           ..... (Signature)

 

State of Nevada                 }

                                           } ss.

County of.......................... }

 

Subscribed and sworn to on this .......... day of .............., in the year .........., before me, ................... (here insert name of notary public), by ................... (here insert name of principal).

 

On this .......... day of .............., in the year .........., before me, ................... (here insert name of notary public), personally appeared ................... (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it.

 


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ê2011 Statutes of Nevada, Page 1352 (Chapter 258, SB 88)ê

 

known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it.

 

.............................................. (Signature of Notary Public)

NOTARY SEAL

     Sec. 25.5.  Upon the death of the last grantor of a deed upon death, a declaration of value of property pursuant to NRS 375.060 and a copy of the death certificate of each grantor must be attached to a Death of Grantor Affidavit and recorded in the office of the county recorder where the deed was recorded. The Death of Grantor Affidavit must be in substantially the following form:

 

DEATH OF GRANTOR AFFIDAVIT

 

................... (here insert name of affiant), being duly sworn, deposes and says that................... (here insert name of deceased), the decedent mentioned in the attached certified copy of the Certificate of Death, is the same person as................... (here insert name of grantor), named as the grantor or as one of the grantors in the deed upon death recorded on................... (date), as document or file number.........., book.........., at page.........., records of................... County, Nevada, covering the real property commonly known as..................., City of..................., County of..................., State of Nevada, or located in the County of..................., State of Nevada, and more particularly described as:

 

(Legal Description)

 

................... (here insert name of affiant) is the beneficiary or at least one of the beneficiaries to whom the real property is conveyed upon the death of the grantor................... (here insert name of deceased) or is the authorized representative of the beneficiary or at least one of the beneficiaries. The beneficiary or beneficiaries listed in the deed upon death are....................

 

THE UNDERSIGNED HEREBY AFFIRMS THAT THIS DOCUMENT SUBMITTED FOR RECORDING CONTAINS A SOCIAL SECURITY NUMBER OF A PERSON OR PERSONS.

 

                                           ..... (Date)

                                           ..... (Signature)

 

State of Nevada                 }

                                           } ss.

County of.......................... }

 

Subscribed and sworn to on this .......... day of .............., in the year .........., before me, ................... (here insert name of notary public), by ................... (here insert name of principal).

 

.............................................. (Signature of Notary Public)

NOTARY SEAL

 


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ê2011 Statutes of Nevada, Page 1353 (Chapter 258, SB 88)ê

 

     Secs. 26 and 27.  (Deleted by amendment.)

     Sec. 28.  NRS 120.290 is hereby amended to read as follows:

     120.290  1.  Subject to subsections 2 to 11, inclusive, delivery of a disclaimer may be effected by personal delivery, first-class mail or any other method likely to result in its receipt.

     2.  In the case of an interest created under the law of intestate succession or an interest created by will, other than an interest in a testamentary trust:

     (a) A disclaimer must be delivered to the personal representative of the decedent’s estate; or

     (b) If no personal representative is then serving, it must be filed with a court having jurisdiction to appoint the personal representative.

     3.  In the case of an interest in a testamentary trust:

     (a) A disclaimer must be delivered to the trustee then serving or, if no trustee is then serving, to the personal representative of the decedent’s estate; or

     (b) If no personal representative is then serving, it must be filed with a court having jurisdiction to enforce the trust.

     4.  In the case of an interest in an inter vivos trust:

     (a) A disclaimer must be delivered to the trustee then serving;

     (b) If no trustee is then serving, it must be filed with a court having jurisdiction to enforce the trust; or

     (c) If the disclaimer is made before the time the instrument creating the trust becomes irrevocable, it must be delivered to the settlor of a revocable trust or the transferor of the interest.

     5.  In the case of an interest created by a beneficiary designation [made] which is disclaimed before [the time] the designation becomes irrevocable, [a] the disclaimer must be delivered to the person making the beneficiary designation.

     6.  In the case of an interest created by a beneficiary designation [made] which is disclaimed after [the time] the designation becomes irrevocable [, a] :

     (a) The disclaimer of an interest in personal property must be delivered to the person obligated to distribute the interest [.] ; and

     (b) The disclaimer of an interest in real property must be recorded in the office of the county recorder of the county where the real property that is the subject of the disclaimer is located.

     7.  In the case of a disclaimer by a surviving holder of jointly held property, the disclaimer must be delivered to the person to whom the disclaimed interest passes.

     8.  In the case of a disclaimer by an object or taker in default of exercise of a power of appointment at any time after the power was created:

     (a) The disclaimer must be delivered to the holder of the power or to the fiduciary acting under the instrument that created the power; or

     (b) If no fiduciary is then serving, it must be filed with a court having authority to appoint the fiduciary.

     9.  In the case of a disclaimer by an appointee of a nonfiduciary power of appointment:

     (a) The disclaimer must be delivered to the holder, the personal representative of the holder’s estate or to the fiduciary under the instrument that created the power; or

     (b) If no fiduciary is then serving, it must be filed with a court having authority to appoint the fiduciary.

 


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ê2011 Statutes of Nevada, Page 1354 (Chapter 258, SB 88)ê

 

     10.  In the case of a disclaimer by a fiduciary of a power over a trust or estate, the disclaimer must be delivered as provided in subsection 2, 3 or 4, as if the power disclaimed were an interest in property.

     11.  In the case of a disclaimer of a power by an agent, the disclaimer must be delivered to the principal or the principal’s representative.

     12.  As used in this section, “beneficiary designation” means an instrument, other than an instrument creating a trust, naming the beneficiary of:

     (a) An annuity or insurance policy;

     (b) An account with a designation for payment on death;

     (c) A security registered in beneficiary form;

     (d) A pension, profit-sharing, retirement or other employment-related benefit plan; or

     (e) Any other nonprobate transfer at death.

     Sec. 29.  NRS 120.320 is hereby amended to read as follows:

     120.320  If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded or registered, the disclaimer may be so filed, recorded or registered. [Failure] Except as otherwise provided in paragraph (b) of subsection 6 of NRS 120.290, failure to file, record or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.

     Sec. 30.  NRS 253.0415 is hereby amended to read as follows:

     253.0415  1.  The public administrator shall:

     (a) Investigate:

           (1) The financial status of any decedent for whom he or she has been requested to serve as administrator to determine the assets and liabilities of the estate.

           (2) Whether there is any qualified person who is willing and able to serve as administrator of the estate of an intestate decedent to determine whether he or she is eligible to serve in that capacity.

           (3) Whether there are beneficiaries named on any asset of the estate or whether any deed upon death executed pursuant to [NRS 111.109] sections 2 to 27, inclusive, of this act is on file with the county recorder.

     (b) Except as otherwise provided in NRS 253.0403 and 253.0425, petition the court for letters of administration of the estate of an intestate decedent if, after investigation, the public administrator finds that there is no other qualified person having a prior right who is willing and able to serve.

     (c) Upon court order, act as administrator of the estate of an intestate decedent, regardless of the amount of assets in the estate of the decedent if no other qualified person is willing and able to serve.

     2.  The public administrator shall not administer any estate:

     (a) Held in joint tenancy unless all joint tenants are deceased;

     (b) For which a beneficiary form has been registered pursuant to NRS 111.480 to 111.650, inclusive; or

     (c) For which a deed upon death has been executed pursuant to [NRS 111.109.] sections 2 to 27, inclusive, of this act.

     3.  As used in this section, “intestate decedent” means a person who has died without leaving a valid will, trust or other estate plan.

     Sec. 31.  NRS 375.090 is hereby amended to read as follows:

     375.090  The taxes imposed by NRS 375.020, 375.023 and 375.026 do not apply to:

 


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ê2011 Statutes of Nevada, Page 1355 (Chapter 258, SB 88)ê

 

     1.  A mere change in identity, form or place of organization, such as a transfer between a business entity and its parent, its subsidiary or an affiliated business entity if the affiliated business entity has identical common ownership.

     2.  A transfer of title to the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.

     3.  A transfer of title recognizing the true status of ownership of the real property, including, without limitation, a transfer by an instrument in writing pursuant to the terms of a land sale installment contract previously recorded and upon which the taxes imposed by this chapter have been paid.

     4.  A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.

     5.  A transfer, assignment or other conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of lineal consanguinity or affinity.

     6.  A transfer of title between former spouses in compliance with a decree of divorce.

     7.  A transfer of title to or from a trust without consideration if a certificate of trust is presented at the time of transfer.

     8.  Transfers, assignments or conveyances of unpatented mines or mining claims.

     9.  A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.

     10.  A conveyance of real property by deed which becomes effective upon the death of the grantor pursuant to [NRS 111.109.] sections 2 to 27, inclusive, of this act.

     11.  The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:

     (a) Confirmed under the Bankruptcy Act, as amended, 11 U.S.C. §§ 101 et seq.;

     (b) Approved in an equity receivership proceeding involving a railroad, as defined in the Bankruptcy Act; or

     (c) Approved in an equity receivership proceeding involving a corporation, as defined in the Bankruptcy Act,

Ê if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.

     12.  [The making or delivery of conveyances of real property to make effective any order of the Securities and Exchange Commission if:

     (a) The order of the Securities and Exchange Commission in obedience to which the transfer or conveyance is made recites that the transfer or conveyance is necessary or appropriate to effectuate the provisions of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79k;

     (b) The order specifies and itemizes the property which is ordered to be transferred or conveyed; and

     (c) The transfer or conveyance is made in obedience to the order.

     13.]  A transfer to an educational foundation. As used in this subsection, “educational foundation” has the meaning ascribed to it in subsection 3 of NRS 388.750.

 


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ê2011 Statutes of Nevada, Page 1356 (Chapter 258, SB 88)ê

 

     [14.] 13.  A transfer to a university foundation. As used in this subsection, “university foundation” has the meaning ascribed to it in subsection 3 of NRS 396.405.

     Sec. 32.  NRS 388.750 is hereby amended to read as follows:

     388.750  1.  An educational foundation:

     (a) Shall comply with the provisions of chapter 241 of NRS;

     (b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010; and

     (c) Is exempt from the taxes imposed by NRS 375.020, 375.023 and 375.026 pursuant to subsection [13] 12 of NRS 375.090.

     2.  An educational foundation is not required to disclose the names of the contributors to the foundation or the amount of their contributions. The educational foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the foundation relating to that contributor.

     3.  As used in this section, “educational foundation” means a nonprofit corporation, association or institution or a charitable organization that is:

     (a) Organized and operated exclusively for the purpose of supporting one or more kindergartens, elementary schools, junior high or middle schools or high schools, or any combination thereof;

     (b) Formed pursuant to the laws of this State; and

     (c) Exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).

     Sec. 33.  NRS 396.405 is hereby amended to read as follows:

     396.405  1.  A university foundation:

     (a) Shall comply with the provisions of chapter 241 of NRS;

     (b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010;

     (c) Is exempt from the taxes imposed by NRS 375.020, 375.023 and 375.026 pursuant to subsection [14] 13 of NRS 375.090; and

     (d) May allow a president or an administrator of the university, state college or community college which it supports to serve as a member of its governing body.

     2.  A university foundation is not required to disclose the name of any contributor or potential contributor to the university foundation, the amount of his or her contribution or any information which may reveal or lead to the discovery of his or her identity. The university foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the foundation relating to that contributor.

     3.  As used in this section, “university foundation” means a nonprofit corporation, association or institution or a charitable organization that is:

     (a) Organized and operated primarily for the purpose of fundraising in support of a university, state college or a community college;

     (b) Formed pursuant to the laws of this State; and

     (c) Exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).

     Sec. 34.  NRS 111.109 is hereby repealed.

     Sec. 35.  The amendatory provisions of this act apply to a deed upon death made before, on or after October 1, 2011, by a grantor dying on or after October 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 1357ê

 

CHAPTER 259, SB 246

Senate Bill No. 246–Senator Leslie

 

CHAPTER 259

 

[Approved: June 4, 2011]

 

AN ACT relating to protection of children; requiring certain entities that have custody of children pursuant to the order of a court to adopt a policy concerning the administration and management of medication; requiring such entities to ensure that employees who will administer medication to a child receive a copy of and understand the policy; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires certain employees of certain entities that have custody of children pursuant to the order of a court to receive training on a variety of topics, including the administration of medication to children. (NRS 62B.250, 63.190, 424.0365, 432A.177, 433B.175, 449.037) Section 2 of this bill requires a medical facility that accepts custody of children pursuant to the order of a court to adopt a policy concerning the administration and management of medication and to ensure that each employee of the medical facility who will administer medication to a child in the facility receives a copy of and understands the policy. Sections 8.5-12.5 of this bill impose the same requirement on: (1) a public or private institution or agency to which a juvenile court commits a child, including, without limitation, a facility for the detention of children; (2) a state facility for the detention or commitment of children; (3) a specialized foster home or a group foster home; (4) a child care facility which occasionally or regularly has physical custody of children pursuant to the order of a court; and (5) a treatment facility and any other facility of the Division of Child and Family Services of the Department of Health and Human Services into which a child may be committed by a court order.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  (Deleted by amendment.)

     Sec. 2.  Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Except as otherwise provided in this section, a medical facility that has custody of a child pursuant to the order of a court shall adopt a policy concerning the manner in which to:

     (a) Document the orders of the treating physician of a child;

     (b) Administer medication to a child;

     (c) Store, handle and dispose of medication;

     (d) Document the administration of medication and any errors in the administration of medication;

     (e) Minimize errors in the administration of medication; and

     (f) Address errors in the administration of medication.

     2.  Such a medical facility shall ensure that each employee of the medical facility who will administer medication to such a child receives a copy of and understands the policy adopted pursuant to subsection 1.

 


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ê2011 Statutes of Nevada, Page 1358 (Chapter 259, SB 246)ê

 

     Sec. 3.  NRS 449.070 is hereby amended to read as follows:

     449.070  The provisions of NRS 449.001 to 449.240, inclusive, and section 2 of this act do not apply to:

     1.  Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.

     2.  Foster homes as defined in NRS 424.014.

     3.  Any medical facility or facility for the dependent operated and maintained by the United States Government or an agency thereof.

     Sec. 4.  NRS 449.160 is hereby amended to read as follows:

     449.160  1.  The Health Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.001 to 449.240, inclusive, and section 2 of this act upon any of the following grounds:

     (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.001 to 449.245, inclusive, and section 2 of this act, or of any other law of this State or of the standards, rules and regulations adopted thereunder.

     (b) Aiding, abetting or permitting the commission of any illegal act.

     (c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.

     (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.

     (e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to this chapter, if such approval is required.

     (f) Failure to comply with the provisions of NRS 449.2486.

     2.  In addition to the provisions of subsection 1, the Health Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:

     (a) Is convicted of violating any of the provisions of NRS 202.470;

     (b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or

     (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.

     3.  The Health Division shall maintain a log of any complaints that it receives relating to activities for which the Health Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Health Division shall provide to a facility for the care of adults during the day:

     (a) A summary of a complaint against the facility if the investigation of the complaint by the Health Division either substantiates the complaint or is inconclusive;

 


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ê2011 Statutes of Nevada, Page 1359 (Chapter 259, SB 246)ê

 

     (b) A report of any investigation conducted with respect to the complaint; and

     (c) A report of any disciplinary action taken against the facility.

Ê The facility shall make the information available to the public pursuant to NRS 449.2486.

     4.  On or before February 1 of each odd-numbered year, the Health Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:

     (a) Any complaints included in the log maintained by the Health Division pursuant to subsection 3; and

     (b) Any disciplinary actions taken by the Health Division pursuant to subsection 2.

     Sec. 5.  NRS 449.163 is hereby amended to read as follows:

     449.163  1.  If a medical facility or facility for the dependent violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.001 to 449.240, inclusive, and section 2 of this act, or any condition, standard or regulation adopted by the Board, the Health Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:

     (a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;

     (b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;

     (c) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and

     (d) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:

           (1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or

           (2) Improvements are made to correct the violation.

     2.  If a violation by a medical facility or facility for the dependent relates to the health or safety of a patient, an administrative penalty imposed pursuant to paragraph (c) of subsection 1 must be in a total amount of not less than $1,000 and not more than $10,000 for each patient who was harmed or at risk of harm as a result of the violation.

     3.  If the facility fails to pay any administrative penalty imposed pursuant to paragraph (c) of subsection 1, the Health Division may:

     (a) Suspend the license of the facility until the administrative penalty is paid; and

     (b) Collect court costs, reasonable attorney’s fees and other costs incurred to collect the administrative penalty.

     4.  The Health Division may require any facility that violates any provision of NRS 439B.410 or 449.001 to 449.240, inclusive, and section 2 of this act, or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

     5.  Any money collected as administrative penalties pursuant to this section must be accounted for separately and used to protect the health or property of the residents of the facility in accordance with applicable federal standards.

 


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ê2011 Statutes of Nevada, Page 1360 (Chapter 259, SB 246)ê

 

     Sec. 6.  NRS 449.220 is hereby amended to read as follows:

     449.220  1.  The Health Division may bring an action in the name of the State to enjoin any person, state or local government unit or agency thereof from operating or maintaining any facility within the meaning of NRS 449.001 to 449.240, inclusive [:] , and section 2 of this act:

     (a) Without first obtaining a license therefor; or

     (b) After his or her license has been revoked or suspended by the Health Division.

     2.  It is sufficient in such action to allege that the defendant did, on a certain date and in a certain place, operate and maintain such a facility without a license.

     Sec. 7.  NRS 449.240 is hereby amended to read as follows:

     449.240  The district attorney of the county in which the facility is located shall, upon application by the Health Division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.001 to 449.245, inclusive [.] , and section 2 of this act.

     Sec. 8.  (Deleted by amendment.)

     Sec. 8.5.  Chapter 62B of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  A public or private institution or agency to which a juvenile court commits a child, including, without limitation, a facility for the detention of children, shall adopt a policy concerning the manner in which to:

     (a) Document the orders of the treating physician of a child;

     (b) Administer medication to a child;

     (c) Store, handle and dispose of medication;

     (d) Document the administration of medication and any errors in the administration of medication;

     (e) Minimize errors in the administration of medication; and

     (f) Address errors in the administration of medication.

     2.  Such an institution or agency shall ensure that each employee of the institution or agency who will administer medication to a child at the institution or agency receives a copy of and understands the policy adopted pursuant to subsection 1.

     Sec. 9.  (Deleted by amendment.)

     Sec. 9.5.  Chapter 63 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The superintendent of a facility shall adopt a policy concerning the manner in which to:

     (a) Document the orders of the treating physician of a child;

     (b) Administer medication to a child;

     (c) Store, handle and dispose of medication;

     (d) Document the administration of medication and any errors in the administration of medication;

     (e) Minimize errors in the administration of medication; and

     (f) Address errors in the administration of medication.

     2.  The superintendent shall ensure that each employee of the facility who will administer medication to a child at the facility receives a copy of and understands the policy adopted pursuant to subsection 1.

     Sec. 10.  (Deleted by amendment.)

 


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ê2011 Statutes of Nevada, Page 1361 (Chapter 259, SB 246)ê

 

     Sec. 10.5.  Chapter 424 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  A licensee that operates a specialized foster home or a group foster home shall adopt a policy concerning the manner in which to:

     (a) Document the orders of the treating physician of a child;

     (b) Administer medication to a child;

     (c) Store, handle and dispose of medication;

     (d) Document the administration of medication and any errors in the administration of medication;

     (e) Minimize errors in the administration of medication; and

     (f) Address errors in the administration of medication.

     2.  The licensee shall ensure that each employee of the specialized foster home or group foster home who will administer medication to a child at the specialized foster home or group foster home receives a copy of and understands the policy adopted pursuant to subsection 1.

     Sec. 10.7.  NRS 424.090 is hereby amended to read as follows:

     424.090  The provisions of NRS 424.020 to 424.090, inclusive, and section 10.5 of this act, do not apply to homes in which:

     1.  Care is provided only for a neighbor’s or friend’s child on an irregular or occasional basis for a brief period, not to exceed 90 days.

     2.  Care is provided by the legal guardian.

     3.  Care is provided for an exchange student.

     4.  Care is provided to enable a child to take advantage of educational facilities that are not available in his or her home community.

     5.  Any child or children are received, cared for and maintained pending completion of proceedings for adoption of such child or children, except as otherwise provided in regulations adopted by the Division.

     6.  Except as otherwise provided in regulations adopted by the Division, care is voluntarily provided to a minor child who is:

     (a) Related to the caregiver by blood, adoption or marriage; and

     (b) Not in the custody of an agency which provides child welfare services.

     7.  Care is provided to a minor child who is in the custody of an agency which provides child welfare services pursuant to chapter 432B of NRS if:

     (a) The caregiver is related to the child within the fifth degree of consanguinity; and

     (b) The caregiver is not licensed pursuant to the provisions of NRS 424.020 to 424.090, inclusive [.] , and section 10.5 of this act.

     Sec. 11.  (Deleted by amendment.)

     Sec. 11.5.  Chapter 432A of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  A licensee that operates a child care facility which occasionally or regularly has physical custody of children pursuant to the order of a court, including, without limitation, an emergency shelter, shall adopt a policy concerning the manner in which to:

     (a) Document the orders of the treating physician of a child;

     (b) Administer medication to a child;

     (c) Store, handle and dispose of medication;

     (d) Document the administration of medication and any errors in the administration of medication;

 


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ê2011 Statutes of Nevada, Page 1362 (Chapter 259, SB 246)ê

 

     (e) Minimize errors in the administration of medication; and

     (f) Address errors in the administration of medication.

     2.  The licensee shall ensure that each employee of the child care facility who will administer medication to a child at the child care facility receives a copy of and understands the policy adopted pursuant to subsection 1.

     Sec. 11.7.  NRS 432A.220 is hereby amended to read as follows:

     432A.220  Any person who operates a child care facility without a license issued pursuant to NRS 432A.131 to 432A.220, inclusive, and section 11.5 of this act is guilty of a misdemeanor.

     Sec. 12.  (Deleted by amendment.)

     Sec. 12.5.  Chapter 433B of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Administrator shall adopt a policy for each treatment facility and any other division facility into which a child may be committed by a court order concerning the manner in which to:

     (a) Document the orders of the treating physician of a child;

     (b) Administer medication to a child;

     (c) Store, handle and dispose of medication;

     (d) Document the administration of medication and any errors in the administration of medication;

     (e) Minimize errors in the administration of medication; and

     (f) Address errors in the administration of medication.

     2.  The Administrator shall ensure that each employee who comes into direct contact with a child at any treatment facility and any other division facility into which a child may be committed by a court order and who will administer medication to a child receives a copy of and understands the policy adopted pursuant to subsection 1.

     Sec. 13.  NRS 654.190 is hereby amended to read as follows:

     654.190  1.  The Board may, after notice and a hearing as required by law, impose an administrative fine of not more than $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any nursing facility administrator or administrator of a residential facility for groups who:

     (a) Is convicted of a felony relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.

     (b) Has obtained his or her license by the use of fraud or deceit.

     (c) Violates any of the provisions of this chapter.

     (d) Aids or abets any person in the violation of any of the provisions of NRS 449.001 to 449.240, inclusive, and section 2 of this act, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.

     (e) Violates any regulation of the Board prescribing additional standards of conduct for nursing facility administrators or administrators of residential facilities for groups, including, without limitation, a code of ethics.

     (f) Engages in conduct that violates the trust of a patient or resident or exploits the relationship between the nursing facility administrator or administrator of a residential facility for groups and the patient or resident for the financial or other gain of the licensee.

 


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ê2011 Statutes of Nevada, Page 1363 (Chapter 259, SB 246)ê

 

     2.  The Board shall give a licensee against whom proceedings are brought pursuant to this section written notice of a hearing pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing, his or her right to attend the hearing.

     3.  The Board may compel the attendance of witnesses or the production of documents or objects by subpoena. The Board may adopt regulations that set forth a procedure pursuant to which the Chair of the Board may issue subpoenas on behalf of the Board. Any person who is subpoenaed pursuant to this subsection may request the Board to modify the terms of the subpoena or grant additional time for compliance.

     4.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

     5.  The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

     Sec. 14.  (Deleted by amendment.)

     Sec. 15.  This act becomes effective on January 1, 2012.

________

CHAPTER 260, SB 225

Senate Bill No. 225–Senator Cegavske

 

CHAPTER 260

 

[Approved: June 4, 2011]

 

AN ACT relating to public health; establishing provisions for the designation of certain hospitals as primary stroke centers; authorizing the State Board of Health to adopt regulations; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill establishes provisions for the Health Division of the Department of Health and Human Services to acknowledge and prepare a list of hospitals that are designated as primary stroke centers. This bill also authorizes the State Board of Health to adopt regulations relating to such designations. This bill further provides that a licensed hospital which is not designated as a primary stroke center may not advertise that the hospital is a primary stroke center. This bill does not prohibit any hospital from providing care to a victim of stroke, even if the hospital does not receive such a designation.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  A hospital licensed pursuant to NRS 449.001 to 449.240, inclusive, may submit to the Health Division proof that the hospital is certified as a primary stroke center by the Joint Commission, its successor organization or an equivalent organization approved by the Health Division.

 


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ê2011 Statutes of Nevada, Page 1364 (Chapter 260, SB 225)ê

 

or an equivalent organization approved by the Health Division. Upon receiving proof that a hospital is certified as a primary stroke center, the Health Division shall include the hospital on the list established pursuant to subsection 2.

     2.  On or before July 1 of each year, the Health Division shall post a list of the hospitals designated as primary stroke centers on an Internet website maintained by the Health Division.

     3.  If a hospital wishes to be included as a primary stroke center on the list established pursuant to subsection 2, the hospital must annually resubmit the proof required pursuant to this section.

     4.  The Health Division may remove a hospital from the list established pursuant to subsection 2 if the certificate recognizing the hospital as a primary stroke center issued by the Joint Commission, its successor organization or an equivalent organization, as applicable, is suspended or revoked.

     5.  A hospital that is not included on the list established pursuant to subsection 2 as a primary stroke center shall not represent, advertise or imply that the hospital is designated as a primary stroke center.

     6.  The provisions of this section do not prohibit a hospital that is licensed pursuant to NRS 449.001 to 449.240, inclusive, from providing care to a victim of stroke if the hospital does not have a designation as a primary stroke center.

     7.  The Board may adopt regulations to carry out the provisions of this section and to designate hospitals with similar certifications which are recognized by the Joint Commission, its successor organization or an equivalent organization.

     Sec. 2.  This act becomes effective on January 1, 2012.

________

 


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ê2011 Statutes of Nevada, Page 1365ê

 

CHAPTER 261, SB 430

Senate Bill No. 430–Committee on Finance

 

CHAPTER 261

 

[Approved: June 4, 2011]

 

AN ACT relating to children; transferring the authority to regulate and oversee certain child care facilities to the Health Division of the Department of Health and Human Services; eliminating the Bureau of Services for Child Care of the Division of Child and Family Services of the Department; repealing provisions relating to the Chief of the Bureau; eliminating the Board for Child Care; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the Board for Child Care to adopt regulations and set policies relating to child care facilities. Existing law also requires the Bureau of Services for Child Care of the Division of Child and Family Services of the Department of Health and Human Services to carry out and administer the licensure of child care facilities. (Chapter 432A of NRS) Section 26 of this bill repeals provisions which created the Bureau and the Board for Child Care and repeals related provisions governing the appointment and qualifications of the Chief of the Bureau. Sections 1-25 of this bill transfer the duties of the Board for Child Care to the State Board of Health. Sections 1-25 also transfer the duties of the Bureau to the Health Division of the Department.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 432A of NRS is hereby amended by adding thereto a new section to read as follows:

     “Health Division” means the Health Division of the Department.

     Sec. 2.  NRS 432A.020 is hereby amended to read as follows:

     432A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432A.0205 to 432A.028, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

     Sec. 3.  NRS 432A.021 is hereby amended to read as follows:

     432A.021  “Board” means the State Board [for Child Care.] of Health.

     Sec. 4.  NRS 432A.040 is hereby amended to read as follows:

     432A.040  The [Bureau] Health Division shall:

     1.  Serve as a clearinghouse for information relating to child care.

     2.  Assist the Director in all matters pertaining to child care services and programs.

     3.  Develop plans and conduct and arrange for research and demonstration programs in the field of child care.

     4.  Provide technical assistance and consultation to political subdivisions with respect to programs for child care.

     5.  Prepare, publish and disseminate educational materials dealing with child care.

 


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ê2011 Statutes of Nevada, Page 1366 (Chapter 261, SB 430)ê

 

     6.  Gather statistics in the field of child care which other federal and state agencies are not collecting.

     7.  Stimulate more effective use of existing resources and available services for child care.

     Sec. 5.  NRS 432A.080 is hereby amended to read as follows:

     432A.080  The Department through the Health Division may make agreements, arrangements or plans to:

     1.  Cooperate with the Federal Government in carrying out the purposes of this chapter or of any federal statutes pertaining to child care services and programs and to this end may adopt such methods of administration as are found by the Federal Government to be necessary for the proper and efficient operation of such agreements, arrangements or plans; and

     2.  Comply with such conditions as may be necessary to secure benefits under those federal statutes.

     Sec. 6.  NRS 432A.090 is hereby amended to read as follows:

     432A.090  The [Bureau] Health Division may develop a state plan for services and programs relating to child care and may comply with such other requirements as may be necessary to obtain federal money. In developing and revising the state plan, the [Bureau] Health Division shall consider, among other things, the amount of money available from the Federal Government and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services and programs relating to child care.

     Sec. 7.  NRS 432A.100 is hereby amended to read as follows:

     432A.100  1.  The State Treasurer is designated as custodian of all money received from the Federal Government for carrying out the purposes of this chapter or any agreements, arrangements or plans authorized thereby.

     2.  The State Treasurer shall make disbursements of such money and from all state funds available for the purposes of this chapter upon certification by the designated official of the [Bureau.] Health Division.

     Sec. 8.  NRS 432A.110 is hereby amended to read as follows:

     432A.110  1.  All gifts of money which the [Bureau] Health Division is authorized to accept must be deposited in the State Treasury for credit to the Gift Account for Child Care Services in the Department of Health and Human Services’ Gift Fund. The money may be invested and reinvested and must be used in accordance with the conditions of the gift.

     2.  All claims must be approved by the [Chief] Administrator of the Health Division before they are paid.

     Sec. 9.  NRS 432A.131 is hereby amended to read as follows:

     432A.131  1.  Child care facilities, other than child care institutions, in any county or incorporated city where the governing body has established an agency for the licensing of child care facilities and enacted an ordinance requiring that child care facilities be licensed by the county or city need not be licensed by the [Bureau.] Health Division. The licensing agency shall adopt such standards and other regulations as may be necessary for the licensing of child care facilities, and the standards and regulations:

     (a) Must be not less restrictive than those adopted by the Board; and

     (b) Take effect only upon their approval by the [Bureau.] Health Division.

 


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ê2011 Statutes of Nevada, Page 1367 (Chapter 261, SB 430)ê

 

     2.  An agency for the licensing of child care facilities established by a city or county may waive compliance with a particular standard or other regulation by a child care facility if:

     (a) The agency finds that the practices and policies of that facility are substantially equivalent to those required by the agency in its standards and other regulations; and

     (b) The waiver does not allow a practice which violates a regulation adopted by the Board.

     3.  A governing body may adopt such standards and other regulations as may be necessary for the regulation of facilities which provide care for fewer than five children. If the standards so adopted are less restrictive than the standards for the licensure of child care facilities which have been adopted by the Board, the governing body shall not issue a license to the smaller facilities, but may register them in accordance with the standards which are less restrictive.

     4.  If a governing body intends to amend or repeal an ordinance providing for the licensing of child care facilities and the effect of that action will be the discontinuance of the governing body’s licensure of child care facilities, the governing body shall notify the [Bureau] Health Division of its intention to do so at least 12 months before the amendment or repeal becomes effective.

     5.  A child care institution must be licensed by the [Bureau.] Health Division.

     Sec. 10.  NRS 432A.141 is hereby amended to read as follows:

     432A.141  1.  If, after investigation, the [Bureau] Health Division finds that an applicant is in full compliance with the provisions of this chapter and the standards and regulations adopted pursuant to this chapter, the [Bureau] Health Division shall issue to the applicant the license applied for.

     2.  The [Bureau] Health Division shall charge and collect a fee for each license issued for a child care facility in an amount prescribed by regulation of the Board.

     3.  The initial license issued by the [Bureau] Health Division may be effective for a period not exceeding 1 year from the date of issuance.

     4.  A license that is renewed by the [Bureau] Health Division is effective for 1 year from the date of renewal.

     5.  A license applies only to the person named therein and is not transferable.

     6.  A license issued for:

     (a) An outdoor youth program is valid only for the area of operation described in the license.

     (b) Any other child care facility is valid only for the premises described in the license.

     Sec. 11.  NRS 432A.150 is hereby amended to read as follows:

     432A.150  Each license issued by the [Bureau] Health Division must contain:

     1.  The name of the person or persons authorized to operate the licensed facility;

     2.  The location of the licensed facility or, if the license is for an outdoor youth program, the area of operation of the program; and

 


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ê2011 Statutes of Nevada, Page 1368 (Chapter 261, SB 430)ê

 

     3.  The number of beds authorized in the licensed facility, the nature of services offered and the service delivery capacity.

     Sec. 12.  NRS 432A.160 is hereby amended to read as follows:

     432A.160  1.  Except as otherwise provided in this section, the [Bureau] Health Division may issue a provisional license, effective for a period not exceeding 1 year, to a child care facility which:

     (a) Is in operation at the time of adoption of standards and other regulations pursuant to the provisions of this chapter, if the [Bureau] Health Division determines that the facility requires a reasonable time under the particular circumstances, not to exceed 1 year from the date of the adoption, within which to comply with the standards and other regulations;

     (b) Has failed to comply with the standards and other regulations, if the [Bureau] Health Division determines that the facility is in the process of making the necessary changes or has agreed to effect the changes within a reasonable time; or

     (c) Is in the process of applying for a license, if the [Bureau] Health Division determines that the facility requires a reasonable time within which to comply with the standards and other regulations.

     2.  The provisions of subsection 1 do not require the issuance of a license or prevent the [Bureau] Health Division from refusing to renew or from revoking or suspending any license in any instance where the [Bureau] Health Division considers that action necessary for the health and safety of the occupants of any facility or the clients of any outdoor youth program.

     3.  A provisional license must not be issued pursuant to this section unless the [Bureau] Health Division has completed an investigation into the qualifications and background of the applicant and the employees of the applicant pursuant to NRS 432A.170 to ensure that the applicant and each employee of the applicant, or every resident of the child care facility or participant in any outdoor youth program who is 18 years of age or older, has not been convicted of a crime listed in subsection 2 of NRS 432A.170 and has not had a substantiated report of child abuse or neglect made against him or her.

     Sec. 13.  NRS 432A.170 is hereby amended to read as follows:

     432A.170  1.  The [Bureau] Health Division may, upon receipt of an application for a license to operate a child care facility, conduct an investigation into the:

     (a) Buildings or premises of the facility and, if the application is for an outdoor youth program, the area of operation of the program;

     (b) Qualifications and background of the applicant or the employees of the applicant;

     (c) Method of operation for the facility; and

     (d) Policies and purposes of the applicant.

     2.  The [Bureau] Health Division shall secure from appropriate law enforcement agencies information on the background and personal history of every applicant, licensee or employee of an applicant or licensee, or every resident of a child care facility or participant in an outdoor youth program who is 18 years of age or older, to determine whether the person has been convicted of:

     (a) Murder, voluntary manslaughter or mayhem;

     (b) Any other felony involving the use of a firearm or other deadly weapon;

     (c) Assault with intent to kill or to commit sexual assault or mayhem;

 


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ê2011 Statutes of Nevada, Page 1369 (Chapter 261, SB 430)ê

 

     (d) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

     (e) Abuse or neglect of a child or contributory delinquency;

     (f) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

     (g) Abuse, neglect, exploitation or isolation of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or

     (h) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property within the immediately preceding 7 years.

     3.  The [Bureau] Health Division shall request information concerning every applicant, licensee or employee of an applicant or licensee, or every resident of a child care facility or participant in an outdoor youth program who is 18 years of age or older, from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 to determine whether there has been a substantiated report of child abuse or neglect made against any of them.

     4.  The [Bureau] Health Division may charge each person investigated pursuant to this section for the reasonable cost of that investigation.

     5.  The information required to be obtained pursuant to subsections 2 and 3 must be requested concerning an:

     (a) Employee of an applicant or licensee, resident of a child care facility or participant in an outdoor youth program who is 18 years of age or older not later than 3 days after the employee is hired, the residency begins or the participant begins participating in the program, and then at least once every 6 years thereafter.

     (b) Applicant at the time that an application is submitted for licensure, and then at least once every 6 years after the license is issued.

     Sec. 14.  NRS 432A.175 is hereby amended to read as follows:

     432A.175  1.  Every applicant for a license to operate a child care facility, licensee and employee of such an applicant or licensee, and every resident of a child care facility or participant in an outdoor youth program who is 18 years of age or older, shall submit to the [Bureau,] Health Division, or to the person or agency designated by the [Bureau,] Health Division, to enable the [Bureau] Health Division to conduct an investigation pursuant to NRS 432A.170, a:

     (a) Complete set of fingerprints and a written authorization for the [Bureau] Health Division or its designee to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

     (b) Written statement detailing any prior criminal convictions; and

     (c) Written authorization for the [Bureau] Health Division to obtain any information that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100.

     2.  If an employee of an applicant for a license to operate a child care facility or licensee, or a resident of a child care facility or participant in an outdoor youth program who is 18 years of age or older, has been convicted of any crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect filed against him or her, the [Bureau] Health Division shall immediately notify the applicant or licensee, who shall then comply with the provisions of NRS 432A.1755.

 


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ê2011 Statutes of Nevada, Page 1370 (Chapter 261, SB 430)ê

 

substantiated report of child abuse or neglect filed against him or her, the [Bureau] Health Division shall immediately notify the applicant or licensee, who shall then comply with the provisions of NRS 432A.1755.

     3.  An applicant for a license to operate a child care facility or licensee shall notify the [Bureau] Health Division within 2 days after receiving notice that:

     (a) The applicant, licensee or an employee of the applicant or licensee, or a resident of the child care facility or participant in an outdoor youth program who is 18 years of age or older, or a facility or program operated by the applicant or licensee, is the subject of a lawsuit or any disciplinary proceeding; or

     (b) The applicant or licensee, an employee, a resident or participant has been charged with a crime listed in subsection 2 of NRS 432A.170 or is being investigated for child abuse or neglect.

     Sec. 15.  NRS 432A.178 is hereby amended to read as follows:

     432A.178  1.  A child care facility shall maintain a copy of:

     (a) The license issued to the facility by the [Bureau] Health Division or an agency for the licensing of child care facilities established by a county or incorporated city;

     (b) Any summaries of complaints provided to the facility pursuant to subsection 3 of NRS 432A.190;

     (c) The report of any investigation conducted with respect to the complaints; and

     (d) The report of any disciplinary action taken against the facility pursuant to NRS 432A.190.

     2.  The information maintained pursuant to subsection 1 must be provided in the form prescribed pursuant to subsection 3:

     (a) To the parent or guardian of a child who enrolls the child in the facility, at or before the time of enrollment.

     (b) To the parent or guardian of a child, upon request, who is considering enrolling the child in the facility.

     (c) In the case of disciplinary action taken pursuant to NRS 432A.190, to the parents or guardians of all children admitted to the facility. Notice of disciplinary action must be provided to the parents or guardians of the children admitted to the facility within 3 working days after receipt by the licensed child care facility.

     3.  The [Bureau] Health Division shall develop a standard form for reporting the information required to be provided pursuant to subsection 2. The information reported on the form must include all required information for the 12-month period ending on the last day of the month immediately preceding the month in which the information is provided.

     4.  The [Bureau] Health Division and every agency for the licensing of child care facilities established by a county or incorporated city shall inform persons seeking information concerning child care facilities of their right to information pursuant to this section.

     Sec. 16.  NRS 432A.1785 is hereby amended to read as follows:

     432A.1785  1.  Each applicant for a license to operate a child care facility and licensee shall maintain records of the information concerning its employees and any residents of the child care facility or participants in any outdoor youth program who are 18 years of age or older that is collected pursuant to NRS 432A.170 and 432A.175, including, without limitation:

 


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ê2011 Statutes of Nevada, Page 1371 (Chapter 261, SB 430)ê

 

     (a) Proof that the applicant or licensee submitted fingerprints to the Central Repository for Nevada Records of Criminal History for its report; and

     (b) The written authorization to obtain information from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100.

     2.  The records maintained pursuant to subsection 1 must be made available for inspection by the [Bureau] Health Division at any reasonable time, and copies thereof must be furnished to the [Bureau] Health Division upon request.

     Sec. 17.  NRS 432A.180 is hereby amended to read as follows:

     432A.180  1.  Any authorized member or employee of the [Bureau] Health Division may enter and inspect any building or premises of a child care facility or the area of operation of an outdoor youth program at any time to secure compliance with or prevent a violation of any provision of this chapter.

     2.  The State Fire Marshal or a designee of the State Fire Marshal shall, at least annually:

     (a) Enter and inspect every building or premises of a child care facility, on behalf of the [Bureau;] Health Division; and

     (b) Observe and make recommendations regarding the drills conducted pursuant to NRS 432A.077,

Ê to secure compliance with standards for safety from fire and other emergencies.

     3.  The State Health Officer or a designee of the State Health Officer shall enter and inspect at least annually, every building or premises of a child care facility and area of operation of an outdoor youth program, on behalf of the [Bureau,] Health Division, to secure compliance with standards for health and sanitation.

     4.  The annual inspection of any child care facility which occasionally or regularly has physical custody of children pursuant to the order of a court must include, without limitation, an inspection of all areas where food is prepared and served, bathrooms, areas used for sleeping, common areas and areas located outdoors that are used by children at the child care facility. The State Health Officer shall publish reports of the inspections and make them available for public inspection upon request.

     Sec. 18.  NRS 432A.190 is hereby amended to read as follows:

     432A.190  1.  The [Bureau] Health Division may deny an application for a license to operate a child care facility or may suspend or revoke such a license upon any of the following grounds:

     (a) Violation by the applicant or licensee or an employee of the applicant or licensee of any of the provisions of this chapter or of any other law of this State or of the standards and other regulations adopted thereunder.

     (b) Aiding, abetting or permitting the commission of any illegal act.

     (c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the child care facility for which a license is issued.

     (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the child care facility, or the clients of the outdoor youth program.

     (e) Conviction of any crime listed in subsection 2 of NRS 432A.170 committed by the applicant or licensee or an employee of the applicant or licensee, or by a resident of the child care facility or participant in the outdoor youth program who is 18 years of age or older.

 


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ê2011 Statutes of Nevada, Page 1372 (Chapter 261, SB 430)ê

 

licensee, or by a resident of the child care facility or participant in the outdoor youth program who is 18 years of age or older.

     (f) Failure to comply with the provisions of NRS 432A.178.

     (g) Substantiation of a report of child abuse or neglect made against the applicant or licensee.

     (h) Conduct which is found to pose a threat to the health or welfare of a child or which demonstrates that the applicant or licensee is otherwise unfit to work with children.

     (i) Violation by the applicant or licensee of the provisions of NRS 432A.1755 by continuing to employ a person, allowing a resident to continue to reside in the child care facility or allowing a participant in an outdoor youth program to continue to participate in the program if the employee, or the resident or participant who is 18 years of age or older, has been convicted of a crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect made against him or her.

     2.  In addition to the provisions of subsection 1, the [Bureau] Health Division may revoke a license to operate a child care facility if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:

     (a) Is convicted of violating any of the provisions of NRS 202.470;

     (b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or

     (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.

     3.  The [Bureau] Health Division shall maintain a log of any complaints that it receives relating to activities for which the [Bureau] Health Division may revoke the license to operate a child care facility pursuant to subsection 2. The [Bureau] Health Division shall provide to a child care facility:

     (a) A summary of a complaint against the facility if the investigation of the complaint by the [Bureau] Health Division either substantiates the complaint or is inconclusive;

     (b) A report of any investigation conducted with respect to the complaint; and

     (c) A report of any disciplinary action taken against the facility.

Ê The facility shall make the information available to the public pursuant to NRS 432A.178.

     4.  In addition to any other disciplinary action, the [Bureau] Health Division may impose an administrative fine for a violation of any provision of this chapter or any regulation adopted pursuant thereto. The [Bureau] Health Division shall afford to any person so fined an opportunity for a hearing. Any money collected for the imposition of such a fine must be credited to the State General Fund.

     5.  On or before February 1 of each odd-numbered year, the [Bureau] Health Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:

     (a) Any complaints included in the log maintained by the [Bureau] Health Division pursuant to subsection 3; and

     (b) Any disciplinary actions taken by the [Bureau] Health Division pursuant to subsection 2.

 


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ê2011 Statutes of Nevada, Page 1373 (Chapter 261, SB 430)ê

 

     Sec. 19.  NRS 432A.200 is hereby amended to read as follows:

     432A.200  1.  When the [Bureau] Health Division denies, suspends or revokes a license for a child care facility, the [Bureau] Health Division shall afford reasonable notice to all parties by certified mail, which notice must contain the legal authority, jurisdiction and reasons for the action taken.

     2.  The aggrieved person may file notice of appeal with the [Chief] Administrator of the Health Division or a designee of the Administrator within 10 calendar days after receipt of notice of action of the [Bureau.] Health Division.

     3.  Within 20 calendar days after the receipt of the notice of appeal, the [Chief] Administrator of the Health Division or a designee of the Administrator shall hold a hearing.

     4.  Notice of the hearing must be given no less than 5 days before the date set for the hearing.

     Sec. 20.  NRS 432A.210 is hereby amended to read as follows:

     432A.210  1.  Except as provided in subsection 1 of NRS 432A.131, the [Bureau] Health Division may bring an action in the name of the State to enjoin any person, state or local government unit or agency thereof from operating or maintaining any child care facility:

     (a) Without first obtaining a license therefor; or

     (b) After his or her license has been revoked or suspended by the [Bureau.] Health Division.

     2.  It is sufficient in such an action to allege that the defendant did, on a certain date and in a certain place, operate and maintain the facility without a license.

     Sec. 21.  NRS 432A.380 is hereby amended to read as follows:

     432A.380  A provider shall not conduct an outdoor youth program unless it employs:

     1.  A field administrator who:

     (a) Is not less than 25 years of age;

     (b) Holds a baccalaureate or higher degree, from an accredited college or university, in recreational therapy or a related field;

     (c) Has completed a program of training, approved by the [Bureau,] Health Division, on survival in the wilderness;

     (d) Has not less than 2 years’ experience in the specific type of outdoor youth program being conducted; and

     (e) Is certified and receives annual training in the use and administration of first aid, including cardiopulmonary resuscitation.

     2.  Senior field staff and support staff who:

     (a) Are not less than 21 years of age;

     (b) Have graduated from high school and satisfactorily completed not less than 24 semester hours of academic instruction, at an accredited college or university, in subjects relating to the care of children;

     (c) Have completed a program of training, approved by the [Bureau,] Health Division, on survival in the wilderness;

     (d) Have not less than 6 months’ experience in the field with an outdoor youth program; and

     (e) Are certified and receive annual training in the use and administration of first aid, including cardiopulmonary resuscitation.

     3.  Additional field staff, in such a number as necessary to comply with the requirements of NRS 432A.480, who:

 


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ê2011 Statutes of Nevada, Page 1374 (Chapter 261, SB 430)ê

 

     (a) Are not less than 21 years of age;

     (b) Have graduated from high school and satisfactorily completed not less than 12 semester hours of academic instruction, at an accredited college or university, in subjects relating to the care of children;

     (c) Display skills in leadership; and

     (d) Are certified and receive annual training in the use and administration of first aid, including cardiopulmonary resuscitation.

     Sec. 22.  NRS 432A.390 is hereby amended to read as follows:

     432A.390  1.  A provider may authorize:

     (a) A person to obtain experience in the field, as an intern member of the staff of an outdoor youth program, if the person is:

           (1) Not less than 21 years of age; and

           (2) Supervised by the field staff.

     (b) A person who is not a client or member of the staff of an outdoor youth program to participate in the program as a voluntary assistant if the person is:

           (1) Not less than 18 years of age;

           (2) Under the direct supervision of the field staff; and

           (3) Not allowed to supervise clients.

     2.  A provider and a field administrator shall not:

     (a) Without the specific approval of the [Bureau,] Health Division, allow a person to participate in an outdoor youth program unless the person has attained the age of 14 years.

     (b) Allow a client who is less than 18 years of age to participate in an outdoor youth program with any client who is 18 years of age or older.

     Sec. 23.  NRS 432A.410 is hereby amended to read as follows:

     432A.410  Each member of the staff of an outdoor youth program, including intern members, must be properly trained before they may participate in the program. The training required by this section must be approved by the [Bureau] Health Division and:

     1.  Consist of:

     (a) Not less than 7 days of academic instruction; and

     (b) Not less than 21 days of practical instruction in the field.

     2.  Include instruction in:

     (a) Leadership and the exercise of good judgment;

     (b) The maintenance of a daily log;

     (c) Management of the behavior of clients;

     (d) Skills and techniques for the counseling, teaching and supervision of clients;

     (e) Skills and techniques for conducting expeditions without adversely affecting the environment;

     (f) The procurement, preparation and conservation of water, food and shelter in the field;

     (g) Procedures for sanitation;

     (h) Navigational skills;

     (i) Precautions for local environmental conditions;

     (j) First aid, including cardiopulmonary resuscitation, and other medical information that is useful in the field;

     (k) Procedures for and the use of equipment to maintain the safety of clients;

     (l) Procedures to be used in emergencies;

 


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ê2011 Statutes of Nevada, Page 1375 (Chapter 261, SB 430)ê

 

     (m) Relevant federal, state and local laws and regulations; and

     (n) Such other information, skills and techniques as the [Bureau] Health Division deems necessary.

     Sec. 24.  NRS 432A.460 is hereby amended to read as follows:

     432A.460  A field administrator shall:

     1.  Establish a base camp that is continuously monitored by at least one member of the staff of the outdoor youth program while clients are participating in the program.

     2.  Maintain in the base camp:

     (a) A master map of the entire area in which activities are conducted pursuant to the program.

     (b) A file regarding each client and member of the staff who is participating in the program. Each file must contain biographical and medical information concerning the client or member of the staff and information regarding his or her qualifications and fitness for participation in the program.

     (c) A current list of each client and member of the staff who is on an expedition.

     (d) A copy of the itinerary for each expedition, including the intended schedule, and a map of the route for the expedition. The field administrator shall, before the expedition leaves the base camp, deliver a copy of the itinerary and map to the [Bureau.] Health Division.

     (e) A log of each communication between the base camp and a group on expedition.

     3.  Supervise the maintenance of communications, inspection of equipment and rendering of first aid.

     4.  Provide the [Bureau] Health Division with any information it requests regarding the outdoor youth program.

     Sec. 25.  NRS 432A.500 is hereby amended to read as follows:

     432A.500  1.  A field administrator shall ensure that each group of clients does not hike beyond the physical limitations of the weakest member of the group. If the outdoor temperature is greater than 90 degrees Fahrenheit, clients must not be allowed to hike between 10 a.m. and 6 p.m.

     2.  The field staff shall:

     (a) Provide clients with daily instruction upon:

           (1) Federal, state and local laws and regulations for the protection of the environment; and

           (2) Conducting themselves in such a manner as not to have an adverse effect on the environment.

     (b) Maintain a common daily log of all accidents, injuries, administrations of medication, behavioral problems and any unusual incidents that occur. The log must be in bound form, except that a log may be recorded electronically while on an expedition if it is transcribed into a bound volume immediately after the expedition. All entries must be in permanent ink and signed by the entrant. A provider or field administrator shall, upon request, allow any authorized member or employee of the [Bureau] Health Division to inspect the log, and shall not allow any person to alter or destroy the log or any of its entries.

     (c) While on an expedition, carry an itinerary of the expedition, including the intended schedule, and a map of the route for the expedition.

     Sec. 26.  NRS 432A.022, 432A.023, 432A.060, 432A.070, 432A.071, 432A.073 and 432A.075 are hereby repealed.

 


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ê2011 Statutes of Nevada, Page 1376 (Chapter 261, SB 430)ê

 

     Sec. 27.  The Legislative Counsel shall:

     1.  In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

     2.  In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

     Sec. 28.  Any regulations adopted by the Board for Child Care before July 1, 2011, pursuant to chapter 432A of NRS remain in effect and may be enforced by the State Board of Health until the State Board of Health adopts regulations to repeal or replace those regulations.

     Sec. 29.  This act becomes effective on July 1, 2011.

________

CHAPTER 262, AB 198

Assembly Bill No. 198–Assemblymen Grady; Ellison and Livermore

 

CHAPTER 262

 

[Approved: June 4, 2011]

 

AN ACT relating to the Nevada Rural Housing Authority; revising the definition of “local government” to include the Authority for the purpose of loans from a local government in certain counties to the Authority; revising the requirements for eligibility to serve as a commissioner of the Authority; authorizing the Authority to receive a loan from a local government; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, before a local government may make an interfund loan or loan of money to another local government, the governing body of the local government that wishes to make the loan must determine at a public hearing that a sufficient amount of unrestricted money is available for the loan and that the loan will not compromise the economic viability of the fund from which the money is loaned. The local government must also establish at the public hearing: (1) the amount of time the money will be on loan from the fund; (2) the terms and conditions for repaying the loan; and (3) the rate of interest, if any, to be charged for the loan. (NRS 354.6118) For the purpose of making such a loan, the term “local government” does not include the Nevada Rural Housing Authority. (NRS 354.474) Existing law confers upon the Nevada Rural Housing Authority the authority to engage in various activities relating to the purposes for which the Authority was created, including, without limitation, the authority to enter into agreements or other transactions with any governmental agency or other source to further those purposes. (NRS 315.983)

 


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ê2011 Statutes of Nevada, Page 1377 (Chapter 262, AB 198)ê

 

       Section 1 of this bill revises the definition of “local government” to include the Nevada Rural Housing Authority for the sole purpose of loans from a local government in a county whose population is less than 100,000 (currently counties other than Clark and Washoe Counties) to the Authority in accordance with existing law. Section 3 of this bill expands the authorized actions of the Nevada Rural Housing Authority to include receipt by the Authority of such a loan of money from a local government.

       Existing law provides for the appointment of five commissioners to serve as members of the Nevada Rural Housing Authority. Of those five commissioners, one commissioner must be appointed jointly by the Nevada League of Cities and the Nevada Association of Counties and must be a recipient of assistance from the Authority. If that commissioner ceases to receive assistance from the Authority, he or she must be replaced by a person who receives such assistance. (NRS 315.977) Section 2 of this bill revises the requirements for appointing that commissioner by providing that, if the commissioner no longer receives assistance from the Authority, he or she may continue to serve as a commissioner for the remainder of the unexpired term for which he or she was appointed if he or she resides within the area of operation of the Authority.

       Existing law authorizes the Authority to operate in any area of this State which is not included within the corporate limits of a city or town having a population of 100,000 or more. (NRS 315.9835) Section 4 of this bill authorizes the Authority to provide services in any area of the State if the Authority has contracted with the State or a local government to provide those services in that area. Section 4 specifies that the provision of those services does not include the making of a mortgage loan, the issuance of a mortgage credit certificate or bonds to finance a multifamily housing project, the allocation of a low-income housing tax credit or weatherization.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 354.474 is hereby amended to read as follows:

     354.474  1.  Except as otherwise provided in subsections 2 and 3, the provisions of NRS 354.470 to 354.626, inclusive, apply to all local governments. For the purpose of NRS 354.470 to 354.626, inclusive:

     (a) “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318 and 379 of NRS, NRS 450.550 to 450.750, inclusive, and chapters 474, 541, 543 and 555 of NRS, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

     (b) “Local government” includes the Nevada Rural Housing Authority for the purpose of loans of money from a local government in a county whose population is less than 100,000 to the Nevada Rural Housing Authority in accordance with NRS 354.6118. The term does not include the Nevada Rural Housing Authority [.] for any other purpose.

     2.  An irrigation district organized pursuant to chapter 539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to 539.683, inclusive. The levy of such assessments and the posting and publication of claims and annual financial statements as required by chapter 539 of NRS shall be deemed compliance with the budgeting, filing and publication requirements of NRS 354.470 to 354.626, inclusive, but any such irrigation district which levies an ad valorem tax shall comply with the filing and publication requirements of NRS 354.470 to 354.626, inclusive, in addition to the requirements of chapter 539 of NRS.

 


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ê2011 Statutes of Nevada, Page 1378 (Chapter 262, AB 198)ê

 

district which levies an ad valorem tax shall comply with the filing and publication requirements of NRS 354.470 to 354.626, inclusive, in addition to the requirements of chapter 539 of NRS.

     3.  An electric light and power district created pursuant to chapter 318 of NRS shall be deemed to have fulfilled the requirements of NRS 354.470 to 354.626, inclusive, for a year in which the district does not issue bonds or levy an assessment if the district files with the Department of Taxation a copy of all documents relating to its budget for that year which the district submitted to the Rural Utilities Service of the United States Department of Agriculture.

     Sec. 2.  NRS 315.977 is hereby amended to read as follows:

     315.977  1.  The Nevada Rural Housing Authority, consisting of five commissioners, is hereby created.

     2.  The commissioners must be appointed as follows:

     (a) Two commissioners must be appointed by the Nevada League of Cities.

     (b) Two commissioners must be appointed by the Nevada Association of Counties.

     (c) One commissioner must be appointed jointly by the Nevada League of Cities and the Nevada Association of Counties. This commissioner must be a current recipient of assistance from the Authority and must be selected from a list of at least five eligible nominees submitted for this purpose by an organization which represents tenants of housing projects operated by the Authority. If no such organization exists, the commissioner must be selected from a list of nominees submitted for this purpose from persons who currently receive assistance from the Authority. If during his or her term the commissioner ceases to be a recipient of assistance, the commissioner [must be replaced by a person who is a recipient of assistance.] may continue to serve as a commissioner for the remainder of the unexpired term for which he or she was appointed if he or she resides within the area of operation of the Authority.

     3.  After the initial terms, the term of office of a commissioner is 4 years or until his or her successor takes office.

     4.  A majority of the commissioners constitutes a quorum, and a vote of the majority is necessary to carry any question.

     5.  If either of the appointing entities listed in subsection 2 ceases to exist, the pertinent appointments required by subsection 2 must be made by the successor in interest of that entity or, if there is no successor in interest, by the other appointing entity.

     Sec. 3.  NRS 315.983 is hereby amended to read as follows:

     315.983  1.  Except as otherwise provided in NRS 354.474 and 377.057, the Authority:

     (a) Shall be deemed to be a public body corporate and politic, and an instrumentality, local government and political subdivision of the State, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out the purposes and provisions of NRS 315.961 to 315.99874, inclusive, but not the power to levy and collect taxes or special assessments.

     (b) Is not an agency, board, bureau, commission, council, department, division, employee or institution of the State.

 


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ê2011 Statutes of Nevada, Page 1379 (Chapter 262, AB 198)ê

 

     2.  The Authority may:

     (a) Sue and be sued.

     (b) Have a seal.

     (c) Have perpetual succession.

     (d) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers.

     (e) Deposit money it receives in any insured state or national bank, insured credit union, insured savings and loan association, or in the Local Government Pooled Long-Term Investment Account created by NRS 355.165 or the Local Government Pooled Investment Fund created by NRS 355.167.

     (f) Adopt bylaws, rules and regulations to carry into effect the powers and purposes of the Authority.

     (g) Create a nonprofit organization which is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3) and which has as its principal purpose the development of housing projects.

     (h) Enter into agreements or other transactions with, and accept grants from and cooperate with, any governmental agency or other source in furtherance of the purposes of NRS 315.961 to 315.99874, inclusive.

     (i) Enter into an agreement with a local government in a county whose population is less than 100,000 to receive a loan of money from the local government in accordance with NRS 354.6118.

     (j) Acquire real or personal property or any interest therein, by gift, purchase, foreclosure, deed in lieu of foreclosure, lease, option or otherwise.

     Sec. 4.  NRS 315.9835 is hereby amended to read as follows:

     315.9835  The State Authority may :

     1.  Except as otherwise provided in subsection 2, operate in any area of the State which is not included within the corporate limits of a city or town having a population of 100,000 or more.

     2.  Provide services in any area of the State if the State Authority has contracted with the State or a local government to provide those services in that area. As used in this subsection, “services” does not include:

     (a) The making of a mortgage loan pursuant to NRS 315.9981 to 315.99874, inclusive;

     (b) The issuance of a mortgage credit certificate;

     (c) The issuance of bonds to finance a multifamily housing project;

     (d) The allocation of a low-income housing tax credit; or

     (e) Weatherization other than an assessment or inspection of property for weatherization.

     3.  As used in this section, “weatherization” means materials or measures, and their installation, that are used to improve the thermal efficiency of a building, facility, residence or structure.

     Sec. 5.  (Deleted by amendment.)

     Sec. 6.  This act becomes effective on July 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 1380ê

 

CHAPTER 263, SB 436

Senate Bill No. 436–Committee on Finance

 

CHAPTER 263

 

[Approved: June 4, 2011]

 

AN ACT relating to judicial retirement; transferring the responsibility to deposit certain money for the purpose of paying pension benefits to justices of the Supreme Court or district judges from the State of Nevada to the Court Administrator; requiring the State of Nevada to make an appropriation for this purpose; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill transfers the responsibility to deposit certain money for the purpose of paying pension benefits to justices of the Supreme Court or district judges from the State of Nevada to the Court Administrator. Section 1 of this bill also requires the State of Nevada to make an appropriation for this purpose.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 1A.180 is hereby amended to read as follows:

     1A.180  1.  [Beginning July 1, 2003, the] The Court Administrator shall submit to the System for deposit in the Judicial Retirement Fund on behalf of each justice of the Supreme Court or district judge who is a member of the System the percentage of compensation of the member that is determined by the actuary of the System to be required to pay the normal cost incurred in making payments for such members pursuant to subsection 5 of NRS 1A.160 and the administrative expenses of the System that are attributable to such members. Such payments must be:

     (a) Accompanied by payroll reports that include information deemed necessary by the Board to carry out its duties; and

     (b) Received by the System not later than 15 days after the calendar month for which the compensation and service credits of members of the System are reported and certified by the Court Administrator. The compensation must be reported separately for each month that it is paid.

     2.  [Beginning July 1, 2003, the State of Nevada] The State of Nevada shall make an appropriation to the Court Administrator and the Court Administrator shall pay to the System for deposit in the Judicial Retirement Fund from any fund created for the purpose of paying pension benefits to justices of the Supreme Court or district judges an amount as the contribution of the State of Nevada as employer which is actuarially determined to be sufficient to provide the System with enough money to pay the benefits for justices of the Supreme Court and district judges for which the System will be liable.

     3.  Upon the participation of a justice of the peace or municipal judge in the Judicial Retirement Plan pursuant to NRS 1A.285, the county or city shall submit to the System for deposit in the Judicial Retirement Fund on behalf of each justice of the peace or municipal judge who is a member of the System the percentage of compensation of the member that is determined by the actuary of the System to be required to pay the normal cost incurred in making payments for such members pursuant to subsection 5 of NRS 1A.160 and the administrative expenses of the System that are attributable to such members.

 


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ê2011 Statutes of Nevada, Page 1381 (Chapter 263, SB 436)ê

 

the System the percentage of compensation of the member that is determined by the actuary of the System to be required to pay the normal cost incurred in making payments for such members pursuant to subsection 5 of NRS 1A.160 and the administrative expenses of the System that are attributable to such members. Such payments must be:

     (a) Accompanied by payroll reports that include information deemed necessary by the Board to carry out its duties; and

     (b) Received by the System not later than 15 days after the calendar month for which the compensation and service credits of members of the System are reported and certified by the county or city. The compensation must be reported separately for each month that it is paid.

     4.  Upon the participation of a justice of the peace or municipal judge in the Judicial Retirement Plan pursuant to NRS 1A.285, the county or city shall pay to the System for deposit in the Judicial Retirement Fund an amount as the contribution of the county or city as employer which is actuarially determined to be sufficient to provide the System with enough money to pay the benefits for justices of the peace and municipal judges for which the System will be liable.

     5.  Except as otherwise provided in this subsection, the total contribution rate that is actuarially determined for members of the Judicial Retirement Plan must be adjusted on the first monthly retirement reporting period commencing on or after July 1 of each odd-numbered year based on the actuarially determined contribution rate indicated in the biennial actuarial valuation and report. The adjusted rate must be rounded to the nearest one-quarter of 1 percent. The total contribution rate must not be adjusted pursuant to this subsection if the existing rate is within one-half of 1 percent of the actuarially determined rate.

     Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 264, SB 445

Senate Bill No. 445–Committee on Finance

 

CHAPTER 264

 

[Approved: June 4, 2011]

 

AN ACT relating to the state militia; authorizing the rental of facilities of the Office of the Military; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the officer in charge of an armory, after approval by the officer’s superiors, may rent out the armory or space within the armory. Half of any rent received is deposited in the Adjutant General’s Special Armory Account in the State General Fund, and the remainder is placed in an armory account kept by the officer in charge of the armory. (NRS 412.108) This bill allows the Office of the Military to rent out any other facility of the Office and provides that any rent received will be deposited in the State General Fund to the credit of the Office.

 


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ê2011 Statutes of Nevada, Page 1382 (Chapter 264, SB 445)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 412 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Except as otherwise provided in NRS 412.108, the person or governmental entity applying for the rental of any facility of the Office must execute and deliver a written agreement which must include among its provisions his, her or its full name and address, the purpose for which its use is desired, the nature and manner of the intended use of the space, a reasonable rental to be paid for that use and the amounts to be paid for heating, lighting, janitorial and other services connected with its use. The terms and provisions of the agreement must be governed by Office regulations issued pursuant to this chapter, which regulations must include provisions designed to prevent unfair competition with privately owned property and business.

     2.  No agreement for use made pursuant to this section is effective until the agreement or lease has been approved and executed as prescribed by Office regulations issued pursuant to this chapter.

     3.  No agreement or lease made pursuant to this section may be assigned in whole or in part nor may space be sublet to or used by a person or entity not a party to the agreement, unless each assignment, subletting or use is first approved in writing by the Office.

     4.  All money paid or given, directly or indirectly, for the rental of a facility or to obtain an agreement or permission to use the facility are use fees within the meaning of this section and must be paid to the Office to be deposited in the State General Fund for credit to the Office.

     5.  When the use of a facility is by a federal, state, county or municipal bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any unit of the reserve officers training corps, the Adjutant General may require the execution of a contract or agreement for that use, upon such terms and conditions as he or she prescribes.

     Sec. 2.  NRS 412.092 is hereby amended to read as follows:

     412.092  The word “armory” as used in NRS 412.092 to 412.108, inclusive, and section 1 of this act, means any building, together with the grounds upon which it is situated, used for the storage and maintenance of military property or the training of troops, and in addition real property acquired or held in contemplation of such use.

     Sec. 3.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 1383ê

 

CHAPTER 265, AB 419

Assembly Bill No. 419–Assemblyman Goicoechea

 

CHAPTER 265

 

[Approved: June 4, 2011]

 

AN ACT relating to water; requiring the State Engineer to designate certain groundwater basins as critical management areas in certain circumstances; requiring the State Engineer to take certain actions in such a basin unless a groundwater management plan has been approved for the basin; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the State Engineer has various powers and duties with respect to regulating the groundwater in this State. (Chapter 534 of NRS) Section 3 of this bill requires the State Engineer to designate as a critical management area any basin in which withdrawals of groundwater consistently exceed the perennial yield of the basin upon the petition of a majority of the holders of certificates or permits to appropriate water in the basin that are on file in the Office of the State Engineer. If a basin is so designated for at least 10 consecutive years, section 3 requires the State Engineer to order that withdrawals of groundwater be restricted in the basin to conform to priority rights, unless a groundwater management plan has been approved for the basin. Section 1 of this bill prescribes the procedure for the proposal, approval and revision of such a plan. Section 2 of this bill includes the existence of a groundwater management plan in a basin as a consideration for the State Engineer in determining whether to grant a request for an extension of the time necessary to work a forfeiture of water in such a basin.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 534 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  In a basin that has been designated as a critical management area by the State Engineer pursuant to subsection 7 of NRS 534.110, a petition for the approval of a groundwater management plan for the basin may be submitted to the State Engineer. The petition must be signed by a majority of the holders of permits or certificates to appropriate water in the basin that are on file in the Office of the State Engineer and must be accompanied by a groundwater management plan which must set forth the necessary steps for removal of the basin’s designation as a critical management area.

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

     (a) The hydrology of the basin;

     (b) The physical characteristics of the basin;

     (c) The geographic spacing and location of the withdrawals of groundwater in the basin;

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

 


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ê2011 Statutes of Nevada, Page 1384 (Chapter 265, AB 419)ê

 

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

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

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

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

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

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

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

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

     Sec. 2.  NRS 534.090 is hereby amended to read as follows:

     534.090  1.  Except as otherwise provided in this section, failure for 5 successive years after April 15, 1967, on the part of the holder of any right, whether it is an adjudicated right, an unadjudicated right or a permitted right, and further whether the right is initiated after or before March 25, 1939, to use beneficially all or any part of the underground water for the purpose for which the right is acquired or claimed, works a forfeiture of both undetermined rights and determined rights to the use of that water to the extent of the nonuse. If the records of the State Engineer or any other documents specified by the State Engineer indicate at least 4 consecutive years, but less than 5 consecutive years, of nonuse of all or any part of a water right which is governed by this chapter, the State Engineer shall notify the owner of the water right, as determined in the records of the Office of the State Engineer, by registered or certified mail that the owner has 1 year after the date of the notice in which to use the water right beneficially and to provide proof of such use to the State Engineer or apply for relief pursuant to subsection 2 to avoid forfeiting the water right. If, after 1 year after the date of the notice, proof of beneficial use is not sent to the State Engineer, the State Engineer shall, unless the State Engineer has granted a request to extend the time necessary to work a forfeiture of the water right, declare the right forfeited within 30 days. Upon the forfeiture of a right to the use of groundwater, the water reverts to the public and is available for further appropriation, subject to existing rights. If, upon notice by registered or certified mail to the owner of record whose right has been declared forfeited, the owner of record fails to appeal the ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the forfeiture becomes final. The failure to receive a notice pursuant to this subsection does not nullify the forfeiture or extend the time necessary to work the forfeiture of a water right.

 


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ê2011 Statutes of Nevada, Page 1385 (Chapter 265, AB 419)ê

 

     2.  The State Engineer may, upon the request of the holder of any right described in subsection 1, extend the time necessary to work a forfeiture under that subsection if the request is made before the expiration of the time necessary to work a forfeiture. The State Engineer may grant,  upon request and for good cause shown, any number of extensions, but a single extension must not exceed 1 year. In determining whether to grant or deny a request, the State Engineer shall, among other reasons, consider:

     (a) Whether the holder has shown good cause for the holder’s failure to use all or any part of the water beneficially for the purpose for which the holder’s right is acquired or claimed;

     (b) The unavailability of water to put to a beneficial use which is beyond the control of the holder;

     (c) Any economic conditions or natural disasters which made the holder unable to put the water to that use;

     (d) Any prolonged period in which precipitation in the basin where the water right is located is below the average for that basin or in which indexes that measure soil moisture show that a deficit in soil moisture has occurred in that basin; [and]

     (e) Whether a groundwater management plan has been approved for the basin pursuant to section 1 of this act; and

     (f) Whether the holder has demonstrated efficient ways of using the water for agricultural purposes, such as center-pivot irrigation.

Ê The State Engineer shall notify, by registered or certified mail, the owner of the water right, as determined in the records of the Office of the State Engineer, of whether the State Engineer has granted or denied the holder’s request for an extension pursuant to this subsection.

     3.  If the failure to use the water pursuant to subsection 1 is because of the use of center-pivot irrigation before July 1, 1983, and such use could result in a forfeiture of a portion of a right, the State Engineer shall, by registered or certified mail, send to the owner of record a notice of intent to declare a forfeiture. The notice must provide that the owner has at least 1 year after the date of the notice to use the water beneficially or apply for additional relief pursuant to subsection 2 before forfeiture of the owner’s right is declared by the State Engineer.

     4.  A right to use underground water whether it is vested or otherwise may be lost by abandonment. If the State Engineer, in investigating a groundwater source, upon which there has been a prior right, for the purpose of acting upon an application to appropriate water from the same source, is of the belief from his or her examination that an abandonment has taken place, the State Engineer shall so state in the ruling approving the application. If, upon notice by registered or certified mail to the owner of record who had the prior right, the owner of record of the prior right fails to appeal the ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the alleged abandonment declaration as set forth by the State Engineer becomes final.

     Sec. 3.  NRS 534.110 is hereby amended to read as follows:

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

 


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ê2011 Statutes of Nevada, Page 1386 (Chapter 265, AB 419)ê

 

     2.  The State Engineer may:

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

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

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

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

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

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

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

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

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

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

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

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

 


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ê2011 Statutes of Nevada, Page 1387 (Chapter 265, AB 419)ê

 

     7.  The State Engineer:

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

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

Ê The designation of a basin as a critical management area pursuant to this subsection may be appealed pursuant to NRS 533.450. If a basin has been designated as a critical management area for at least 10 consecutive years, the State Engineer shall order that withdrawals, including, without limitation, withdrawals from domestic wells, be restricted in that basin to conform to priority rights, unless a groundwater management plan has been approved for the basin pursuant to section 1 of this act.

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

     Sec. 4.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 1388ê

 

CHAPTER 266, AB 283

Assembly Bill No. 283–Assemblyman Conklin

 

CHAPTER 266

 

[Approved: June 4, 2011]

 

AN ACT relating to mortgage loans; revising provisions governing the requirement for certain mortgage agents, mortgage bankers, mortgage brokers and other employees to register with the Nationwide Mortgage Licensing System and Registry; revising provisions governing continuing education requirements for certain licensees; clarifying that certain investors who deposit money with a mortgage broker are exempt from criminal and civil liability for the acts or omissions of the mortgage broker; revising provisions governing the employment or association of mortgage agents; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       The federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 requires that a person who originates residential mortgage loans be licensed as a loan originator and requires that such a loan originator be registered with the Nationwide Mortgage Licensing System and Registry. (12 U.S.C. § 5103) Existing law in Nevada prescribes the requirements for a license as a mortgage agent, mortgage banker, mortgage broker or a qualified employee who is a residential mortgage loan originator, which include, without limitation, registration with the Nationwide Mortgage Licensing System and Registry. (NRS 645B.0137, 645E.200) Section 6 of this bill provides that such a person is not required to register or renew with the Nationwide Mortgage Licensing System and Registry, or provide reports of financial condition to the Registry, if: (1) the person is not a residential mortgage loan originator or the supervisor of a residential mortgage loan originator; and (2) the person is not required to register pursuant to the federal Act. Section 6 also provides that such a person who voluntarily registers or renews with the Registry shall comply with all requirements of the federal Act.

       Under existing law, the Commissioner of Mortgage Lending is required to adopt such regulations as necessary to carry out the provisions of the federal Act. (NRS 645F.293) Section 7 of this bill provides that the regulations must not require registration of a person who is exempt pursuant to section 6.

       Sections 1.5, 2 and 4 of this bill revise provisions governing continuing education requirements for persons who are exempt pursuant to section 6 and who have not voluntarily registered or renewed with the Registry. Sections 1 and 3 of this bill clarify that certain investors who deposit money with a mortgage broker are exempt from criminal and civil liability for the acts or omissions of the mortgage broker. Section 5 of this bill revises provisions governing the employment of or association with a mortgage agent by a mortgage broker, mortgage banker or person who holds a certificate of exemption issued by the Commissioner of Mortgage Lending. Section 8 of this bill repeals certain provisions governing mortgage bankers which are included within the amendatory provisions of section 5.

 


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ê2011 Statutes of Nevada, Page 1389 (Chapter 266, AB 283)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  The Legislature hereby finds and declares that:

     1.  It is the intent of the Legislature to encourage investment in real property in this State;

     2.  It is the intent of the Legislature to ensure the integrity of transactions relating to investments in real property and the proper regulation of the actions of persons who facilitate such transactions, including, without limitation, mortgage brokers; and

     3.  It is the intent of the Legislature in enacting the amendatory provisions of NRS 645B.175, as amended by section 3 of this act, to clarify that the scope of the protection afforded to an investor under the existing provisions of chapter 645B of NRS includes protections from the imposition of any duty, responsibility, obligation or liability of a mortgage broker on an investor who only provides money to acquire, through the actions of a mortgage broker, ownership of or a beneficial interest in a loan secured by a lien on real property.

     Sec. 1.5.  NRS 645B.0138 is hereby amended to read as follows:

     645B.0138  1.  A course of continuing education that is required pursuant to this chapter must meet the requirements set forth by the Commissioner by regulation.

     2.  The Commissioner shall adopt regulations:

     (a) Relating to the requirements for courses of continuing education, including, without limitation, regulations relating to the providers and instructors of such courses, records kept for such courses, approval and revocation of approval of such courses, monitoring of such courses and disciplinary action taken regarding such courses.

     (b) Allowing for the participation of representatives of the mortgage lending industry pertaining to the creation of regulations regarding such courses.

     (c) Ensuring compliance with the requirements for registration with the Registry and any other applicable federal law.

     3.  The regulations adopted by the Commissioner pursuant to subsection 2 must not require a mortgage agent, mortgage banker or mortgage broker or an employee of a mortgage banker or mortgage broker who, pursuant to subsection 1 of section 6 of this act, is not required to register or renew with the Registry and who has not voluntarily registered or renewed with the Registry to complete any continuing education relating to residential mortgage loans.

     Sec. 2.  NRS 645B.051 is hereby amended to read as follows:

     645B.051  1.  Except as otherwise provided in [this section,] subsection 2, in addition to the requirements set forth in NRS 645B.050, to renew a license as a mortgage broker:

     (a) If the licensee is a natural person, the licensee must submit to the Commissioner satisfactory proof that the licensee attended at least 10 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires.

 


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ê2011 Statutes of Nevada, Page 1390 (Chapter 266, AB 283)ê

 

     (b) If the licensee is not a natural person, the licensee must submit to the Commissioner satisfactory proof that each natural person who supervises the daily business of the licensee attended at least 10 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires.

     2.  [The Commissioner may provide by regulation that if a person attends more than 10 hours of certified courses of continuing education during a 12-month period, the extra hours may be used to satisfy the requirement for the immediately following 12-month period and for that immediately following 12-month period only.] In lieu of the continuing education requirements set forth in paragraph (a) or (b) of subsection 1, a licensee or any natural person who supervises the daily business of the licensee who, pursuant to subsection 1 of section 6 of this act, is not required to register or renew with the Registry and who has not voluntarily registered or renewed with the Registry must submit to the Commissioner satisfactory proof that he or she attended at least 5 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires. The hours of continuing education required by this subsection must include:

     (a) At least 3 hours relating to the laws and regulations of this State; and

     (b) At least 2 hours relating to ethics.

     3.  As used in this section, “certified course of continuing education” means a course of continuing education which relates to the mortgage industry or mortgage transactions and which meets the requirements set forth by the Commissioner by regulation pursuant to NRS 645B.0138.

     Sec. 3.  NRS 645B.175 is hereby amended to read as follows:

     645B.175  1.  Except as otherwise provided in this section, all money received by a mortgage broker and his or her mortgage agents from an investor to acquire ownership of or a beneficial interest in a loan secured by a lien on real property must:

     (a) Be deposited in:

           (1) An insured depository financial institution; or

           (2) An escrow account which is controlled by a person who is independent of the parties and subject to instructions regarding the account which are approved by the parties.

     (b) Be kept separate from money:

           (1) Belonging to the mortgage broker in an account appropriately named to indicate that the money does not belong to the mortgage broker.

           (2) Received pursuant to subsection 4.

     2.  Except as otherwise provided in this section, the amount held in trust pursuant to subsection 1 must be released:

     (a) Upon completion of the loan, including proper recordation of the respective interests or release, or upon completion of the transfer of the ownership or beneficial interest therein, to the debtor or the debtor’s designee less the amount due the mortgage broker for the payment of any fee or service charge;

     (b) If the loan or the transfer thereof is not consummated, to each investor who furnished the money held in trust; or

     (c) Pursuant to any instructions regarding the escrow account.

     3.  The amount held in trust pursuant to subsection 1 must not be released to the debtor or the debtor’s designee unless:

 


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ê2011 Statutes of Nevada, Page 1391 (Chapter 266, AB 283)ê

 

     (a) The amount released is equal to the total amount of money which is being loaned to the debtor for that loan, less the amount due the mortgage broker for the payment of any fee or service charge; and

     (b) The mortgage broker has provided a written instruction to a title agent or title insurer requiring that a lender’s policy of title insurance or appropriate title endorsement, which names as an insured each investor who owns a beneficial interest in the loan, be issued for the real property securing the loan.

     4.  Except as otherwise provided in this section, all money paid to a mortgage broker and his or her mortgage agents by a person in full or in partial payment of a loan secured by a lien on real property, must:

     (a) Be deposited in:

           (1) An insured depository financial institution; or

           (2) An escrow account which is controlled by a person who is subject to instructions regarding the account which are approved by the parties.

     (b) Be kept separate from money:

           (1) Belonging to the mortgage broker in an account appropriately named to indicate that it does not belong to the mortgage broker.

           (2) Received pursuant to subsection 1.

     5.  Except as otherwise provided in this section, the amount held in trust pursuant to subsection 4:

     (a) Must be released, upon the deduction and payment of any fee or service charge due the mortgage broker, to each investor who owns a beneficial interest in the loan in exact proportion to the beneficial interest that the investor owns in the loan; and

     (b) Must not be released, in any proportion, to an investor who owns a beneficial interest in the loan, unless the amount described in paragraph (a) is also released to every other investor who owns a beneficial interest in the loan.

     6.  An investor may waive, in writing, the right to receive one or more payments, or portions thereof, that are released to other investors in the manner set forth in subsection 5. A mortgage broker or mortgage agent shall not act as the attorney-in-fact or the agent of an investor with respect to the giving of a written waiver pursuant to this subsection. Any such written waiver applies only to the payment or payments, or portions thereof, that are included in the written waiver and does not affect the right of the investor to:

     (a) Receive the waived payment or payments, or portions thereof, at a later date; or

     (b) Receive all other payments in full and in accordance with the provisions of subsection 5.

     7.  Upon reasonable notice, any mortgage broker described in this section shall:

     (a) Account to any investor or debtor who has paid to the mortgage broker or his or her mortgage agents money that is required to be deposited in a trust account pursuant to this section; and

     (b) Account to the Commissioner for all money which the mortgage broker and his or her mortgage agents have received from each investor or debtor and which the mortgage broker is required to deposit in a trust account pursuant to this section.

     8.  Money received by a mortgage broker and his or her mortgage agents pursuant to this section from a person who is not associated with the mortgage broker may be held in trust for not more than 45 days before an escrow account must be opened in connection with the loan.

 


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ê2011 Statutes of Nevada, Page 1392 (Chapter 266, AB 283)ê

 

escrow account must be opened in connection with the loan. If, within this 45-day period, the loan or the transfer therefor is not consummated, the money must be returned within 24 hours. If the money is so returned, it may not be reinvested with the mortgage broker for at least 15 days.

     9.  If a mortgage broker or a mortgage agent receives any money pursuant to this section, the mortgage broker or mortgage agent, after the deduction and payment of any fee or service charge due the mortgage broker, shall not release the money to:

     (a) Any person who does not have a contractual or legal right to receive the money; or

     (b) Any person who has a contractual right to receive the money if the mortgage broker or mortgage agent knows or, in light of all the surrounding facts and circumstances, reasonably should know that the person’s contractual right to receive the money violates any provision of this chapter or a regulation adopted pursuant to this chapter.

     10.  If a mortgage broker maintains any accounts described in subsection 1 or subsection 4, the mortgage broker shall, in addition to the annual financial statement audited pursuant to NRS 645B.085, submit to the Commissioner each 6 calendar months a financial statement concerning those trust accounts.

     11.  The Commissioner shall adopt regulations concerning the form and content required for financial statements submitted pursuant to subsection 10.

     12.  Any duty, responsibility or obligation of a mortgage broker pursuant to this chapter is not delegable or transferable to an investor, and, if an investor only provides money to acquire ownership of or a beneficial interest in a loan secured by a lien on real property, no criminal or civil liability may be imposed on the investor for any act or omission of a mortgage broker.

     Sec. 4.  NRS 645B.430 is hereby amended to read as follows:

     645B.430  1.  A license as a mortgage agent issued pursuant to NRS 645B.410 expires 1 year after the date the license is issued, unless it is renewed. To renew a license as a mortgage agent, the holder of the license must submit to the Commissioner each year, on or before the date the license expires:

     (a) An application for renewal;

     (b) Except as otherwise provided in this section, satisfactory proof that the holder of the license as a mortgage agent attended at least 10 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires; and

     (c) A renewal fee set by the Commissioner of not more than $170.

     2.  In lieu of the continuing education requirement set forth in paragraph (b) of subsection 1, the holder of a license as a mortgage agent who, pursuant to subsection 1 of section 6 of this act, is not required to register or renew with the Registry and who has not voluntarily registered or renewed with the Registry must submit to the Commissioner satisfactory proof that he or she attended at least 5 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires. The hours of continuing education required by this subsection must include:

     (a) At least 3 hours relating to the laws and regulations of this State; and

 


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ê2011 Statutes of Nevada, Page 1393 (Chapter 266, AB 283)ê

 

     (b) At least 2 hours relating to ethics.

     3.  If the holder of the license as a mortgage agent fails to submit any item required pursuant to subsection 1 or 2 to the Commissioner each year on or before the date the license expires, the license is cancelled. The Commissioner may reinstate a cancelled license if the holder of the license submits to the Commissioner:

     (a) An application for renewal;

     (b) The fee required to renew the license pursuant to this section; and

     (c) A reinstatement fee of $75.

     [3.] 4.  To be issued a duplicate copy of a license as a mortgage agent, a person must make a satisfactory showing of its loss and pay a fee of $10.

     [4.] 5.  To change the mortgage broker with whom the mortgage agent is associated, a person must pay a fee of $10.

     [5.] 6.  Money received by the Commissioner pursuant to this section is in addition to any fee that must be paid to the Registry and must be deposited in the Fund for Mortgage Lending created by NRS 645F.270.

     [6.  The Commissioner may provide by regulation that any hours of a certified course of continuing education attended during a 12-month period, but not needed to satisfy a requirement set forth in this section for the 12-month period in which the hours were taken, may be used to satisfy a requirement set forth in this section for a later 12-month period.]

     7.  As used in this section, “certified course of continuing education” has the meaning ascribed to it in NRS 645B.051.

     Sec. 5.  NRS 645B.450 is hereby amended to read as follows:

     645B.450  1.  A person licensed as a mortgage agent pursuant to the provisions of NRS 645B.410 may not be associated with or employed by more than one licensed or registered mortgage broker or mortgage banker or person who holds a certificate of exemption pursuant to NRS 645B.016 at the same time.

     2.  A mortgage broker , mortgage banker or person who holds a certificate of exemption pursuant to NRS 645B.016 shall not associate with or employ a person as a mortgage agent or authorize a person to be associated with the mortgage broker , mortgage banker or person who holds a certificate of exemption pursuant to NRS 645B.016 as a mortgage agent if the mortgage agent is not licensed with the Division pursuant to NRS 645B.410. Before allowing a mortgage agent to act on its behalf, a mortgage broker, mortgage banker or person who holds a certificate of exemption pursuant to NRS 645B.016, must:

     (a) Enter its sponsorship of the mortgage agent with the Registry; or

     (b) If the mortgage agent is not required to be registered with the Registry, notify the Division of its sponsorship of the mortgage agent.

     3.  If a mortgage agent terminates his or her association or employment with a mortgage broker , mortgage banker or person who holds a certificate of exemption pursuant to NRS 645B.016 for any reason, the mortgage broker , mortgage banker or person who holds a certificate of exemption pursuant to NRS 645B.016 shall, not later than the third business day following the date of termination:

     (a) [Deliver] Remove its sponsorship of the mortgage agent from the Registry; or

 


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ê2011 Statutes of Nevada, Page 1394 (Chapter 266, AB 283)ê

 

     (b) If the mortgage agent is not required to be registered with the Registry, deliver to the Division and to the mortgage agent [or send by certified mail to] at the last known residence address of the mortgage agent a written statement which [advises the mortgage agent that the termination is being reported to the Division; and

     (b) Deliver or send by certified mail to the Division:

           (1) The license or license number of the mortgage agent;

           (2) A written statement of the circumstances surrounding the termination; and

           (3) A copy of the written statement that the mortgage broker delivers or mails to the mortgage agent pursuant to paragraph (a).] includes the name, address and license number of the mortgage agent and a statement of the circumstances of the termination.

     Sec. 6.  Chapter 645F of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  A mortgage agent, mortgage banker or mortgage broker or an employee of a mortgage banker or mortgage broker is not required to register or renew with the Registry, or provide reports of financial condition to the Registry, if the mortgage agent, mortgage banker, mortgage broker or employee:

     (a) Is not a residential mortgage loan originator or the supervisor of a residential mortgage loan originator; and

     (b) Is not required to register pursuant to the provisions of the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008.

     2.  A mortgage agent, mortgage banker or mortgage broker or an employee of a mortgage banker or mortgage broker who, pursuant to subsection 1, is not required to register or renew with the Registry and who voluntarily registers or renews with the Registry shall comply with all requirements of the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008, and any regulations adopted pursuant thereto.

     3.  As used in this section, “residential mortgage loan originator” has the meaning ascribed to it in NRS 645B.01325.

     Sec. 7.  NRS 645F.293 is hereby amended to read as follows:

     645F.293  1.  The Commissioner shall adopt regulations to carry out the provisions of the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008.

     2.  The regulations must include, without limitation:

     (a) A method by which to allow for reporting regularly violations of the relevant provisions of chapter 645B or 645E of NRS, enforcement actions and other relevant information to the Registry; and

     (b) A process whereby a person may challenge information reported to the Registry by the Commissioner.

     3.  The regulations must not require a mortgage agent, mortgage banker or mortgage broker or an employee of a mortgage banker or mortgage broker to register with the Registry if the mortgage agent, mortgage banker, mortgage broker or employee is exempt from registration pursuant to subsection 1 of section 6 of this act.

     Sec. 8.  NRS 645E.292 is hereby repealed.

     Sec. 9.  This act becomes effective upon passage and approval.

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ê2011 Statutes of Nevada, Page 1395ê

 

CHAPTER 267, SB 213

Senate Bill No. 213–Senator Schneider

 

CHAPTER 267

 

[Approved: June 4, 2011]

 

AN ACT relating to employee leasing companies; revising the requirements for the issuance or renewal of a certificate of registration to operate an employee leasing company in this State; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires certain applicants for the issuance or renewal of a certificate of registration to operate an employee leasing company in this State: (1) to maintain positive working capital throughout the entire period covered by certain financial statements which the applicant is required to submit with its application; or (2) if the applicant has not maintained positive working capital throughout the specified period, to provide a bond or certain other securities with a market value equaling the maximum deficiency in working capital during the specified period plus $100,000. (NRS 616B.679) This bill instead requires an applicant for the issuance or renewal of a certificate of registration to operate an employee leasing company in this State: (1) to have positive working capital for the period covered by the financial statements submitted with an application; or (2) if the applicant does not have positive working capital for the period covered by the financial statements, to provide a bond or certain other securities with a market value equaling the maximum deficiency in working capital for the period covered by the financial statements plus $100,000. This bill also requires that a financial statement which is submitted with an application be prepared not more than 13 months before the submission of the application.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 616B.679 is hereby amended to read as follows:

     616B.679  1.  Each application must include:

     (a) The applicant’s name and title of his or her position with the employee leasing company.

     (b) The applicant’s age, place of birth and social security number.

     (c) The applicant’s address.

     (d) The business address of the employee leasing company.

     (e) The business address of the registered agent of the employee leasing company, if the applicant is not the registered agent.

     (f) If the applicant is a:

           (1) Partnership, the name of the partnership and the name, address, age, social security number and title of each partner.

           (2) Corporation, the name of the corporation and the name, address, age, social security number and title of each officer of the corporation.

     (g) Proof of:

           (1) Compliance with the provisions of chapter 76 of NRS.

           (2) The payment of any premiums for industrial insurance required by chapters 616A to 617, inclusive, of NRS.

           (3) The payment of contributions or payments in lieu of contributions required by chapter 612 of NRS.

 


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ê2011 Statutes of Nevada, Page 1396 (Chapter 267, SB 213)ê

 

           (4) Insurance coverage for any benefit plan from an insurer authorized pursuant to title 57 of NRS that is offered by the employee leasing company to its employees.

     (h) A financial statement of the applicant setting forth the financial condition of the employee leasing company. Except as otherwise provided in subsection 5, the financial statement must include, without limitation:

           (1) For an application for issuance of a certificate of registration, the most recent audited financial statement of the applicant, which must have been completed not more than 13 months before the date of application; or

           (2) For an application for renewal of a certificate of registration, an audited financial statement which must have been completed not more than 180 days after the end of the applicant’s fiscal year.

     (i) A registration or renewal fee of $500.

     (j) Any other information the Administrator requires.

     2.  Each application must be notarized and signed under penalty of perjury:

     (a) If the applicant is a sole proprietorship, by the sole proprietor.

     (b) If the applicant is a partnership, by each partner.

     (c) If the applicant is a corporation, by each officer of the corporation.

     3.  An applicant shall submit to the Administrator any change in the information required by this section within 30 days after the change occurs. The Administrator may revoke the certificate of registration of an employee leasing company which fails to comply with the provisions of NRS 616B.670 to 616B.697, inclusive.

     4.  If an insurer cancels an employee leasing company’s policy, the insurer shall immediately notify the Administrator in writing. The notice 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.

     5.  A financial statement submitted with an application pursuant to this section must be prepared in accordance with generally accepted accounting principles, must be audited by an independent certified public accountant licensed to practice in the jurisdiction in which the accountant is located and must be without qualification as to the status of the employee leasing company as a going concern. An employee leasing company that has not had sufficient operating history to have an audited financial statement based upon at least 12 months of operating history must present financial statements reviewed by a certified public accountant covering its entire operating history. [Each] The financial [statement] statements must [:] be prepared not more than 13 months before the submission of an application and must:

     (a) Indicate that the applicant has [maintained] positive working capital, as defined by generally accepted accounting principles, [throughout] for the period covered by the financial [statement;] statements; or

     (b) Be accompanied by a bond, irrevocable letter of credit or securities with a minimum market value equaling the maximum deficiency in working capital for the period covered by the financial statements plus $100,000. The bond, irrevocable letter of credit or securities must be held by a depository institution designated by the Administrator to secure payment by the applicant of all taxes, wages, benefits or other entitlements payable by the applicant.

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ê2011 Statutes of Nevada, Page 1397ê

 

CHAPTER 268, AB 238

Assembly Bill No. 238–Committee on Government Affairs

 

CHAPTER 268

 

[Approved: June 4, 2011]

 

AN ACT relating to local government finance; revising provisions concerning the refunding of municipal securities related to infrastructure projects in certain counties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Since October 1, 1999, a county has been authorized, as part of a lending project under the County Bond Law, to acquire securities issued by a municipality located wholly or partially within the county: (1) to undertake one or more infrastructure projects; or (2) to refund those securities. In the latter case, a county’s authority is limited to acquiring only those securities issued to refund municipal securities for infrastructure projects that were previously acquired by the county. (NRS 244A.0343, 244A.064) This bill partially eliminates this limitation on a county’s authority in a county whose population is 100,000 or more but less than 700,000 (currently Washoe County) and thereby allows such a county to acquire securities that were issued by a water authority for water projects regardless of whether those securities are held by the county or another entity. However, such a county may only acquire those municipal securities issued for purposes of refunding if the initial securities for the water projects were issued by the municipality on or after October 1, 1999.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 244A.0343 is hereby amended to read as follows:

     244A.0343  “Lending project” means :

     1.  In a county whose population is 100,000 or more but less than 700,000, the acquisition of municipal securities issued by a water authority located wholly or partially within the county acquiring the municipal securities for one or more infrastructure projects which consist of capital improvements for a water system or for the refunding of municipal securities issued on or after October 1, 1999, for one or more infrastructure projects which consist of capital improvements for a water system or any combination thereof.

     2.  In all other counties, the acquisition of municipal securities issued by a municipality located wholly or partially within the county acquiring the municipal securities for one or more infrastructure projects or for the refunding of municipal securities previously acquired as part of a lending project by a county for one or more infrastructure projects or any combination thereof.

     Sec. 2.  NRS 244A.064 is hereby amended to read as follows:

     244A.064  In connection with any lending project, a county may:

     1.  Require additional security or credit enhancement for payment of municipal securities acquired as it deems prudent.

     2.  Make contracts and execute all necessary or desirable instruments or documents not in conflict with the requirements of the County Bond Law.

 


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ê2011 Statutes of Nevada, Page 1398 (Chapter 268, AB 238)ê

 

     3.  Provide by ordinance for its standards, policies and procedures for financing lending projects.

     4.  Acquire and hold municipal securities and execute the rights of the holder of those municipal securities.

     5.  Sell or otherwise dispose of municipal securities unless the county is limited by any agreement that is related to those securities.

     6.  [Refund any county general obligations issued for a lending project if] If the county and the municipality agree to the disposition of any savings resulting from the refunding [.] :

     (a) In a county whose population is 100,000 or more but less than 700,000, refund:

           (1) Any county general obligations issued for a lending project;

           (2) Any municipal securities issued on or after October 1, 1999, for one or more infrastructure projects which consist of capital improvements for a water system; or

           (3) Any combination of subparagraphs (1) and (2).

     (b) In all other counties, refund any county general obligations issued for a lending project.

     7.  Require payment by a municipality that participates in a lending project of the fees and expenses of the county in connection with the lending project.

     8.  Secure the payment of county general obligations issued for a lending project with a pledge of revenues of the lending project. If the revenues of a lending project are formally pledged to the county bonds issued to finance a lending project, the board may treat the revenues of the lending project financed by an issue of county general obligation bonds as pledged revenues pursuant to subsection 3 of NRS 350.020.

     Sec. 3.  This act becomes effective upon passage and approval.

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ê2011 Statutes of Nevada, Page 1399ê

 

CHAPTER 269, SB 142

Senate Bill No. 142–Committee on Commerce, Labor and Energy

 

CHAPTER 269

 

[Approved: June 4, 2011]

 

AN ACT relating to motor vehicles; prohibiting operators of tow cars from imposing certain fees under certain circumstances; authorizing an insurer to take possession of a motor vehicle upon obtaining the consent of the owner of the motor vehicle or the authorized agent of the owner under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law prohibits a tow car operator who stores a motor vehicle that was towed at the request of a law enforcement officer following an accident involving the vehicle from charging the owner of the vehicle a fee for the towing and storage of the vehicle for more than 21 days after placing the vehicle in storage. (NRS 706.4479) Section 1.5 of this bill also prohibits a tow car operator who tows and stores such a vehicle from imposing any administrative or processing fee, or any fee relating to the auction of the vehicle, for the first 4 business days after the date on which the vehicle was placed in storage, but provides no limitation on the period during which those fees may be imposed.

       Section 3 of this bill provides that the owner of a motor vehicle who makes a claim under an insurance policy for damages to the vehicle or the authorized agent of the owner may give consent for the insurer: (1) to tow and store the vehicle at the insurer’s expense if the insurer provides notice to the owner that it has declared the vehicle a total loss; or (2) to tow the vehicle to a repair shop designated by the owner if the vehicle is a repairable vehicle. Section 1 of this bill provides that an insurer may obtain possession of a motor vehicle from a tow car operator if the insurer provides the operator with a form which indicates that the owner of the motor vehicle or his or her agent has consented to the release of the motor vehicle. Section 1 requires the Commissioner of Insurance to adopt a standard consent form, which must include: (1) the name of the owner of the motor vehicle or his or her agent from whom the insurer obtained consent; (2) the name of the insurer or his or her agent who obtained the consent and the date on which the consent was obtained; (3) a statement that the insurer obtained the consent of the owner or his or her agent pursuant to section 3; (4) the policy number of the policy of motor vehicle insurance applicable to the motor vehicle; (5) the vehicle identification number of the motor vehicle; (6) the model year and make of the motor vehicle; (7) a statement that the insurer will indemnify the operator for any liability relating to the release of the motor vehicle to the insurer; and (8) any other information required by the Commissioner. Section 1 also provides that a tow car operator who releases a motor vehicle to an insurer upon receipt of a consent form which complies with the requirements established by the Commissioner is not liable in any civil or criminal action for any act related to the release of the motor vehicle to the insurer.

 


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ê2011 Statutes of Nevada, Page 1400 (Chapter 269, SB 142)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  If a motor vehicle is towed at the request of someone other than the owner or an authorized agent of the owner, an insurer may obtain possession of the motor vehicle from the operator of the tow car if the insurer:

     (a) Obtains the consent of the owner or authorized agent of the owner pursuant to section 3 of this act; and

     (b) Provides to the operator of the tow car a consent form which satisfies the requirements of subsection 2.

     2.  The Commissioner of Insurance shall, by regulation, establish a standard consent form for the purposes of this section, which must include, without limitation:

     (a) The name of the owner of the motor vehicle or the authorized agent of the owner from whom the insurer obtained consent pursuant to section 3 of this act;

     (b) The name of the insurer or his or her agent who obtained the consent of the owner or the authorized agent of the owner pursuant to section 3 of this act and the date on which the consent was obtained;

     (c) A statement that the insurer obtained the consent of the owner or the authorized agent of the owner pursuant to section 3 of this act;

     (d) The policy number of the policy of motor vehicle insurance applicable to the motor vehicle;

     (e) The vehicle identification number of the motor vehicle;

     (f) The model year and make of the motor vehicle;

     (g) A statement that the insurer will indemnify the operator of the tow car for any liability relating to the release of the motor vehicle to the insurer; and

     (h) Any other information required by the Commissioner of Insurance.

     3.  An operator of a tow car is not liable in any civil or criminal action for any act related to the release of a motor vehicle to an insurer pursuant to a consent form provided to the operator of the tow car by an insurer pursuant to subsection 1.

     Sec. 1.1.  NRS 706.011 is hereby amended to read as follows:

     706.011  As used in NRS 706.011 to 706.791, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.

     Sec. 1.2.  NRS 706.166 is hereby amended to read as follows:

     706.166  The Authority shall:

     1.  Subject to the limitation provided in NRS 706.168 and to the extent provided in this chapter, supervise and regulate:

     (a) Every fully regulated carrier and broker of regulated services in this State in all matters directly related to those activities of the motor carrier and broker actually necessary for the transportation of persons or property, including the handling and storage of that property, over and along the highways.

 


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ê2011 Statutes of Nevada, Page 1401 (Chapter 269, SB 142)ê

 

     (b) Every operator of a tow car concerning the rates and charges assessed for towing services performed without the prior consent of the operator of the vehicle or the person authorized by the owner to operate the vehicle and pursuant to the provisions of NRS 706.011 to 706.791, inclusive [.] , and section 1 of this act.

     2.  Supervise and regulate the storage of household goods and effects in warehouses and the operation and maintenance of such warehouses in accordance with the provisions of this chapter and chapter 712 of NRS.

     3.  Enforce the standards of safety applicable to the employees, equipment, facilities and operations of those common and contract carriers subject to the Authority or the Department by:

     (a) Providing training in safety;

     (b) Reviewing and observing the programs or inspections of the carrier relating to safety; and

     (c) Conducting inspections relating to safety at the operating terminals of the carrier.

     4.  To carry out the policies expressed in NRS 706.151, adopt regulations providing for agreements between two or more fully regulated carriers or two or more operators of tow cars relating to:

     (a) Fares of fully regulated carriers;

     (b) All rates of fully regulated carriers and rates of operators of tow cars for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle;

     (c) Classifications;

     (d) Divisions;

     (e) Allowances; and

     (f) All charges of fully regulated carriers and charges of operators of tow cars for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle, including charges between carriers and compensation paid or received for the use of facilities and equipment.

Ê These regulations may not provide for collective agreements which restrain any party from taking free and independent action.

     5.  Review decisions of the Taxicab Authority appealed to the Authority pursuant to NRS 706.8819.

     Sec. 1.3.  NRS 706.321 is hereby amended to read as follows:

     706.321  1.  Except as otherwise provided in subsection 2, every common or contract motor carrier shall file with the Authority:

     (a) Within a time to be fixed by the Authority, schedules and tariffs that must:

           (1) Be open to public inspection; and

           (2) Include all rates, fares and charges which the carrier has established and which are in force at the time of filing for any service performed in connection therewith by any carrier controlled and operated by it.

     (b) As a part of that schedule, all regulations of the carrier that in any manner affect the rates or fares charged or to be charged for any service and all regulations of the carrier that the carrier has adopted to comply with the provisions of NRS 706.011 to 706.791, inclusive [.] , and section 1 of this act.

     2.  Every operator of a tow car shall file with the Authority:

 


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ê2011 Statutes of Nevada, Page 1402 (Chapter 269, SB 142)ê

 

     (a) Within a time to be fixed by the Authority, schedules and tariffs that must:

           (1) Be open to public inspection; and

           (2) Include all rates and charges for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle which the operator has established and which are in force at the time of filing.

     (b) As a part of that schedule, all regulations of the operator of the tow car which in any manner affect the rates charged or to be charged for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle and all regulations of the operator of the tow car that the operator has adopted to comply with the provisions of NRS 706.011 to 706.791, inclusive [.] , and section 1 of this act.

     3.  No changes may be made in any schedule, including schedules of joint rates, or in the regulations affecting any rates or charges, except upon 30 days’ notice to the Authority, and all those changes must be plainly indicated on any new schedules filed in lieu thereof 30 days before the time they are to take effect. The Authority, upon application of any carrier, may prescribe a shorter time within which changes may be made. The 30 days’ notice is not applicable when the carrier gives written notice to the Authority 10 days before the effective date of its participation in a tariff bureau’s rates and tariffs, provided the rates and tariffs have been previously filed with and approved by the Authority.

     4.  The Authority may at any time, upon its own motion, investigate any of the rates, fares, charges, regulations, practices and services filed pursuant to this section and, after hearing, by order, make such changes as may be just and reasonable.

     5.  The Authority may dispense with the hearing on any change requested in rates, fares, charges, regulations, practices or service filed pursuant to this section.

     6.  All rates, fares, charges, classifications and joint rates, regulations, practices and services fixed by the Authority are in force, and are prima facie lawful, from the date of the order until changed or modified by the Authority, or pursuant to NRS 706.2883.

     7.  All regulations, practices and service prescribed by the Authority must be enforced and are prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, or until changed or modified by the Authority itself upon satisfactory showing made.

     Sec. 1.4.  NRS 706.4463 is hereby amended to read as follows:

     706.4463  1.  In addition to the other requirements of this chapter, each operator of a tow car shall, to protect the health, safety and welfare of the public:

     (a) Obtain a certificate of public convenience and necessity from the Authority before the operator provides any services other than those services which the operator provides as a private motor carrier of property pursuant to the provisions of this chapter;

     (b) Use a tow car of sufficient size and weight which is appropriately equipped to transport safely the vehicle which is being towed; and

     (c) Comply with the provisions of NRS 706.011 to 706.791, inclusive [.] , and section 1 of this act.

 


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ê2011 Statutes of Nevada, Page 1403 (Chapter 269, SB 142)ê

 

     2.  A person who wishes to obtain a certificate of public convenience and necessity to operate a tow car must file an application with the Authority.

     3.  The Authority shall issue a certificate of public convenience and necessity to an operator of a tow car if it determines that the applicant:

     (a) Complies with the requirements of paragraphs (b) and (c) of subsection 1;

     (b) Complies with the requirements of the regulations adopted by the Authority pursuant to the provisions of this chapter;

     (c) Has provided evidence that the applicant has filed with the Authority a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291; and

     (d) Has provided evidence that the applicant has filed with the Authority schedules and tariffs pursuant to subsection 2 of NRS 706.321.

     4.  An applicant for a certificate has the burden of proving to the Authority that the proposed operation will meet the requirements of subsection 3.

     5.  The Authority may hold a hearing to determine whether an applicant is entitled to a certificate only if:

     (a) Upon the expiration of the time fixed in the notice that an application for a certificate of public convenience and necessity is pending, a petition to intervene has been granted by the Authority; or

     (b) The Authority finds that after reviewing the information provided by the applicant and inspecting the operations of the applicant, it cannot make a determination as to whether the applicant has complied with the requirements of subsection 3.

     Sec. 1.5.  NRS 706.4479 is hereby amended to read as follows:

     706.4479  1.  If a motor vehicle is towed at the request of someone other than the owner, or authorized agent of the owner, of the motor vehicle, the operator of the tow car shall, in addition to the requirements set forth in the provisions of chapter 108 of NRS:

     (a) Notify the registered and legal owner of the motor vehicle by certified mail not later than 21 days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle or not later than 15 days after placing any other vehicle in storage:

           (1) Of the location where the motor vehicle is being stored;

           (2) Whether the storage is inside a locked building, in a secured, fenced area or in an unsecured, open area;

           (3) Of the charge for towing and storage;

           (4) Of the date and time the vehicle was placed in storage;

           (5) Of the actions that the registered and legal owner of the vehicle may take to recover the vehicle while incurring the lowest possible liability in accrued assessments, fees, penalties or other charges; and

           (6) Of the opportunity to rebut the presumptions set forth in NRS 487.220 and 706.4477.

     (b) If the identity of the registered and legal owner is not known or readily available, make every reasonable attempt and use all resources reasonably necessary, as evidenced by written documentation, to obtain the identity of the owner and any other necessary information from the agency charged with the registration of the motor vehicle in this State or any other state within:

 


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ê2011 Statutes of Nevada, Page 1404 (Chapter 269, SB 142)ê

 

identity of the owner and any other necessary information from the agency charged with the registration of the motor vehicle in this State or any other state within:

           (1) Twenty-one days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle; or

           (2) Fifteen days after placing any other motor vehicle in storage.

Ê The operator shall attempt to notify the owner of the vehicle by certified mail as soon as possible, but in no case later than 15 days after identification of the owner is obtained for any motor vehicle.

     2.  If an operator includes in the operator’s tariff a fee to be charged to the registered and legal owner of a vehicle for the towing and storage of the vehicle, the fee may not be charged:

     (a) For more than 21 days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle; or

     (b) For more than 15 days after placing any other vehicle in storage,

Ê unless the operator complies with the requirements set forth in subsection 1.

     3.  If a motor vehicle that is placed in storage was towed at the request of a law enforcement officer following an accident involving the motor vehicle, the operator shall not:

     (a) Satisfy any lien or impose any administrative fee or processing fee with respect to the motor vehicle for the period ending 4 business days after the date on which the motor vehicle was placed in storage ; or

     (b) Impose any fee relating to the auction of the motor vehicle until after the operator complies with the notice requirements set forth in NRS 108.265 to 108.367, inclusive.

     Sec. 1.6.  NRS 706.4483 is hereby amended to read as follows:

     706.4483  1.  The Authority shall act upon complaints regarding the failure of an operator of a tow car to comply with the provisions of NRS 706.011 to 706.791, inclusive [.] , and section 1 of this act.

     2.  In addition to any other remedies that may be available to the Authority to act upon complaints, the Authority may order the release of towed motor vehicles, cargo or personal property upon such terms and conditions as the Authority determines to be appropriate.

     Sec. 2.  (Deleted by amendment.)

     Sec. 3.  Chapter 690B of NRS is hereby amended by adding thereto a new section to read as follows:

     The owner of a motor vehicle or the authorized agent of the owner who makes a claim under a policy of insurance for damages to the motor vehicle may give his or her consent for:

     1.  If the insurer provides notice to the owner or the authorized agent of the owner that the motor vehicle is a total loss vehicle as that term is defined in NRS 487.790, the motor vehicle to be towed and placed in storage at the direction and expense of the insurer; or

     2.  If the insurer provides notice to the owner or the authorized agent of the owner that the motor vehicle is a repairable vehicle, the motor vehicle to be towed to a repair shop designated by the owner or the authorized agent of the owner.

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