[Rev. 10/12/2015 12:45:51 PM]

Link to Page 448

 

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

ê2015 Statutes of Nevada, Page 449 (Chapter 121, AB 24)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 281.1745 is hereby amended to read as follows:

      281.1745  1.  When an officer or employee uses a charge card issued at the request of the State for cash advances or travel expenses, or both, and the receipt of the travel reimbursement may be delayed more than 5 working days after the date of the initial submission of the travel reimbursement claim, the administrative head or the designee of the administrative head shall immediately issue to the officer or employee, for payment to the issuer of the charge card issued at the request of the State, a cash advance as described in NRS 281.172 in the amount of the total travel expenses charged on the charge card.

      2.  If an officer or employee who has been issued a charge card at the request of the State for cash advances or travel expenses, or both, fails timely to pay the travel expenses charged on the card, with the result that the charge card incurs a delinquent balance, the State may withhold from the officer’s or employee’s regular pay, or final payment received upon termination of the officer’s or employee’s employment, an amount that is not more than the amount required to pay the delinquent balance or the amount deducted from or offset against any rebate issued to the State by the issuer of the charge card related to the delinquent balance. Any amount withheld from an officer’s or employee’s pay pursuant to this section shall, as soon as practicable, be remitted to the State as payment for the delinquent balance or the amount deducted from or offset against any rebate issued to the State by the issuer of the charge card related to the delinquent balance.

________

CHAPTER 122, AB 32

Assembly Bill No. 32–Committee on Taxation

 

CHAPTER 122

 

[Approved: May 20, 2015]

 

AN ACT relating to special fuels; revising the definition of “special fuel dealer” for the purpose of provisions relating to taxes imposed on special fuels; revising the amount of the tax imposed on the sale or use of liquefied petroleum gas and compressed natural gas; revising provisions governing the conversion of volumetric measurements of liquefied petroleum gas and liquefied natural gas for the purpose of the taxation of the sale or use of liquefied petroleum gas and liquefied natural gas; revising provisions governing the content of certain tax returns filed with the Department of Motor Vehicles by a special fuel dealer or special fuel manufacturer; and providing other matters properly relating thereto.

 


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

ê2015 Statutes of Nevada, Page 450 (Chapter 122, AB 32)ê

 

Legislative Counsel’s Digest:

      Section 1 of this bill revises the definition of “special fuel dealer” for the purposes of imposing taxes on the sale or use of special fuels in this State to specify that the term includes a person who sells liquefied natural gas and delivers such fuel into the tank for the supply of fuel of a motor vehicle that is not owned or controlled by that person. Section 2 of this bill revises the amount of the tax imposed on the sale or use of liquefied petroleum gas and compressed natural gas.

      Section 3 of this bill amends the factors for the conversion of volumetric measurements for purposes of taxing the sale or use of liquefied petroleum gas and liquefied natural gas.

      Section 4 of this bill provides that the tax returns which must be filed with the Department of Motor Vehicles by a special fuel dealer or special fuel manufacturer must report all quantities of special fuel in gallons.

 

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 366.062 is hereby amended to read as follows:

      366.062  “Special fuel dealer” means a person who sells compressed natural gas , liquefied natural gas or liquefied petroleum gas and delivers any part thereof into the tank for the supply of fuel of a motor vehicle that is not owned or controlled by that person.

      Sec. 2. NRS 366.190 is hereby amended to read as follows:

      366.190  1.  Except as otherwise provided in subsection 2, a tax is hereby imposed at the rate of 27 cents per gallon on the sale or use of special fuels, including, without limitation:

      (a) Diesel;

      (b) Biodiesel;

      (c) Biodiesel blend;

      (d) Biomass-based diesel;

      (e) Biomass-based diesel blend; and

      (f) Liquefied natural gas.

      2.  A tax is hereby imposed : [at:]

      (a) [The rate of 19 cents per gallon on] On the sale or use of an emulsion of water-phased hydrocarbon fuel [;] at the rate of 19 cents per gallon;

      (b) [The rate of 22 cents per gallon on] On the sale or use of liquefied petroleum gas [;] at the rate of 6.4 cents per gallon; and

      (c) [The rate of 21 cents per gallon on] On the sale or use of compressed natural gas [.] at the rate of 21 cents per gallon.

      Sec. 3. NRS 366.197 is hereby amended to read as follows:

      366.197  For the purpose of taxing the sale or use of:

      1.  Compressed natural gas, 126.67 cubic feet of natural gas or 5.660 pounds of natural gas shall be deemed to equal 1 gallon of special fuel.

      2.  Liquefied petroleum gas, [125] 36.3 cubic feet or 4.2 pounds of [natural gas or] liquefied petroleum gas shall be deemed to equal 1 gallon of special fuel.

      3.  Liquefied natural gas, 6.06 pounds of liquefied natural gas shall be deemed to equal 1 gallon of special fuel.

      Sec. 4. NRS 366.386 is hereby amended to read as follows:

      366.386  1.  On or before the last day of the month following each reporting period, a special fuel dealer or special fuel manufacturer shall file with the Department a tax return for the preceding reporting period, regardless of the amount of tax collected, on a form prescribed by the Department.

 


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

ê2015 Statutes of Nevada, Page 451 (Chapter 122, AB 32)ê

 

with the Department a tax return for the preceding reporting period, regardless of the amount of tax collected, on a form prescribed by the Department.

      2.  The tax return must:

      (a) Include information required by the Department for the administration and enforcement of this chapter; [and]

      (b) Report all quantities of special fuel in gallons; and

      (c) Be accompanied by a remittance, payable to the Department, for the amount of the tax due.

      3.  Except as otherwise provided in this subsection, the reporting period for a special fuel dealer or special fuel manufacturer is a calendar month. Upon application by a special fuel dealer or special fuel manufacturer, the Department may assign to the special fuel dealer or special fuel manufacturer for a specific calendar year:

      (a) A reporting period consisting of that entire calendar year if the Department estimates, based upon the tax returns filed by the special fuel dealer or special fuel manufacturer for the preceding calendar year, that the special fuel dealer or special fuel manufacturer will sell not more than 200 gallons of special fuel in this State each calendar month of that reporting period.

      (b) Two reporting periods consisting of 6 consecutive calendar months, commencing on the first day of January and July, respectively, if the Department estimates, based upon the tax returns filed by the special fuel dealer or special fuel manufacturer for the preceding calendar year, that the special fuel dealer or special fuel manufacturer will sell more than 200 gallons but not more than 500 gallons of special fuel in this State each calendar month during those reporting periods.

      (c) Four reporting periods consisting of 3 consecutive months, commencing on the first day of January, April, July and October, respectively, if the Department estimates, based upon the tax returns filed by the special fuel dealer or special fuel manufacturer for the preceding calendar year, that the special fuel dealer or special fuel manufacturer will sell more than 500 gallons but less than 5,000 gallons of special fuel in this State each calendar month during those reporting periods.

      Sec. 5.  This act becomes effective on July 1, 2015.

________

CHAPTER 123, AB 43

Assembly Bill No. 43–Committee on Transportation

 

CHAPTER 123

 

[Approved: May 20, 2015]

 

AN ACT relating to public works; providing that certain documents and other information submitted by a person seeking a contract with a public body to construct certain public works are confidential until notice of intent to award the contract is issued; and providing other matters properly relating thereto.

 


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

ê2015 Statutes of Nevada, Page 452 (Chapter 123, AB 43)ê

 

Legislative Counsel’s Digest:

      Under existing law, the Department of Transportation is authorized to advertise for proposals from design-build teams and contract with a design-build team for the design and construction of certain projects. (NRS 408.388, 408.3883) The Department is also authorized to accept requests from certain persons seeking to develop, construct, improve, maintain or operate certain transportation facilities. (NRS 408.5475) The Department may authorize the person who requested such a project to carry out the project or may request that other persons submit proposals for the project. (NRS 408.5473, 408.548) Sections 2 and 3 of this bill provide that certain documents or other information submitted to the Department by a person seeking a contract with the Department for a design-build project or a transportation facility project are confidential until notice of intent to award the contract is issued.

      Existing law authorizes public bodies to construct public works by advertising for proposals for a construction manager at risk and then selecting and entering into a contract with a construction manager at risk. As part of the selection process, a public body or its authorized representative is required to appoint a panel to rank the proposals submitted to the public body. After the proposals are ranked, the public body or its authorized representative is required to select for interviews a certain number of applicants whose proposals received the highest scores, and is then authorized to appoint a separate panel to interview and rank such selected applicants. (NRS 338.169, 338.1692, 338.1693) Section 6 of this bill provides that certain documents or other information submitted to a public body by a construction manager at risk seeking a contract with a public body for a public works project are confidential until notice of intent to award the contract is issued. Section 7.5 of this bill requires a public body or its authorized representative to make certain information determined by the panel that ranked the proposals and the panel that conducted the interviews of the selected applicants available to all applicants and the public.

      Under existing law, all public books and records of a governmental entity, the contents of which are not otherwise declared by law to be confidential, are required to be open at all times during office hours for inspection and copying by the public. (NRS 239.010) Section 8 of this bill adds to the list of public books and records which are declared confidential those documents and other information as reflected in sections 2, 3 and 6. Section 7.7 of this bill clarifies that if a public book or record is declared by law to be open to the public, such a declaration does not imply, and must not be construed to mean, that a public book or record is confidential if it is not declared by law to be open to the public and is not otherwise declared by law to be confidential.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  Any document or other information submitted to the Department in response to a design-build project initiated pursuant to NRS 408.3881 by a person who is a member of a design-build team seeking a design-build contract pursuant to NRS 408.3875 to 408.3887, inclusive, is confidential and may not be disclosed until notice of intent to award the contract is issued.

      2.  As used in this section, the term “document or other information” means any submittal by a person who is a member of a design-build team to the Department in response to a design-build project initiated pursuant to NRS 408.3881 and includes, without limitation, a preliminary proposal made pursuant to NRS 408.3883, a statement that the person satisfies the requirements of NRS 408.3884 and a final proposal submitted pursuant to NRS 408.3886.

 


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

ê2015 Statutes of Nevada, Page 453 (Chapter 123, AB 43)ê

 

made pursuant to NRS 408.3883, a statement that the person satisfies the requirements of NRS 408.3884 and a final proposal submitted pursuant to NRS 408.3886.

      Sec. 3. 1.  Any document or other information submitted to the Department in response to a request for proposals pursuant to NRS 408.548 by a person seeking a contract to develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility pursuant to NRS 408.5471 to 408.549, inclusive, is confidential and may not be disclosed until notice of intent to award the contract is issued.

      2.  As used in this section, the term “document or other information” means any submittal by a person to the Department in response to a request for proposals pursuant to NRS 408.548 and includes, without limitation, a proposal made pursuant to NRS 408.548 and any submittal required by regulations promulgated by the Department pursuant to NRS 408.548.

      Sec. 4. NRS 408.3875 is hereby amended to read as follows:

      408.3875  As used in NRS 408.3875 to 408.3887, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 408.3876 to 408.3879, inclusive, have the meanings ascribed to them in those sections.

      Sec. 5. NRS 408.5471 is hereby amended to read as follows:

      408.5471  As used in NRS 408.5471 to 408.549, inclusive, and section 3 of this act, unless the context otherwise requires, “transportation facility” means a road, railroad, bridge, tunnel, overpass, airport, mass transit facility, parking facility for vehicles or similar commercial facility used for the support of or the transportation of persons or goods, including, without limitation, any other property that is needed to operate the facility. The term does not include a toll bridge or toll road.

      Sec. 6. Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any document or other information submitted to a public body in response to a request for proposals pursuant to NRS 338.1692 by a contractor seeking a contract between the public body and a construction manager at risk pursuant to NRS 338.1685 to 338.16995, inclusive, is confidential and may not be disclosed until notice of intent to award the contract is issued.

      2.  As used in this section, the term “document or other information” means any submittal by a contractor to a public body in response to a request for proposals pursuant to NRS 338.1692 and includes, without limitation, a proposal made pursuant to NRS 338.1692.

      Sec. 7. NRS 338.1685 is hereby amended to read as follows:

      338.1685  The Legislature hereby declares that the provisions of NRS 338.1685 to 338.16995, inclusive, and section 6 of this act, relating to contracts involving construction managers at risk, are intended:

      1.  To promote public confidence and trust in the contracting and bidding procedures for public works established therein;

      2.  For the benefit of the public, to promote the philosophy of obtaining the best possible value as compared to low-bid contracting; and

      3.  To better equip public bodies to address public works that present unique and complex construction challenges.

 


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

ê2015 Statutes of Nevada, Page 454 (Chapter 123, AB 43)ê

 

      Sec. 7.5. NRS 338.1693 is hereby amended to read as follows:

      338.1693  1.  The public body or its authorized representative shall appoint a panel consisting of at least three but not more than seven members, a majority of whom must have experience in the construction industry, to rank the proposals submitted to the public body by evaluating the proposals as required pursuant to subsections 2 and 3.

      2.  The panel appointed pursuant to subsection 1 shall rank the proposals by:

      (a) Verifying that each applicant satisfies the requirements of NRS 338.1691; and

      (b) Evaluating and assigning a score to each of the proposals received by the public body based on the factors and relative weight assigned to each factor that the public body specified in the request for proposals.

      3.  When ranking the proposals, the panel appointed pursuant to subsection 1 shall assign a relative weight of 5 percent to the applicant’s possession of a certificate of eligibility to receive a preference in bidding on public works if the applicant submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that work.

      4.  After the panel appointed pursuant to subsection 1 ranks the proposals, the public body or its authorized representative shall, except as otherwise provided in subsection 8, select at least the two but not more than the five applicants whose proposals received the highest scores for interviews.

      5.  The public body or its authorized representative may appoint a separate panel to interview and rank the applicants selected pursuant to subsection 4. If a separate panel is appointed pursuant to this subsection, the panel must consist of at least three but not more than seven members, a majority of whom must have experience in the construction industry.

      6.  During the interview process, the panel conducting the interview may require the applicants to submit a preliminary proposed amount of compensation for managing the preconstruction and construction of the public work, but in no event shall the proposed amount of compensation exceed 20 percent of the scoring for the selection of the most qualified applicant. All presentations made at any interview conducted pursuant to this subsection or subsection 5 may be made only by key personnel employed by the applicant, as determined by the applicant, and the employees of the applicant who will be directly responsible for managing the preconstruction and construction of the public work.

      7.  After conducting such interviews, the panel that conducted the interviews shall rank the applicants by using a ranking process that is separate from the process used to rank the applicants pursuant to subsection 2 and is based only on information submitted during the interview process. The score to be given for the proposed amount of compensation, if any, must be calculated by dividing the lowest of all the proposed amounts of compensation by the applicant’s proposed amount of compensation multiplied by the total possible points available to each applicant. When ranking the applicants, the panel that conducted the interviews shall assign a relative weight of 5 percent to the applicant’s possession of a certificate of eligibility to receive a preference in bidding on public works if the applicant submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117.

 


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

ê2015 Statutes of Nevada, Page 455 (Chapter 123, AB 43)ê

 

eligibility to receive a preference in bidding on public works if the applicant submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that work.

      8.  If the public body did not receive at least two proposals, the public body may not contract with a construction manager at risk.

      9.  Upon receipt of the final rankings of the applicants from the panel that conducted the interviews, the public body or its authorized representative shall enter into negotiations with the most qualified applicant determined pursuant to the provisions of this section for a contract for preconstruction services, unless the public body required the submission of a proposed amount of compensation, in which case the proposed amount of compensation submitted by the applicant must be the amount offered for the contract. If the public body or its authorized representative is unable to negotiate a contract with the most qualified applicant for an amount of compensation that the public body or its authorized representative and the most qualified applicant determine to be fair and reasonable, the public body or its authorized representative shall terminate negotiations with that applicant. The public body or its authorized representative may then undertake negotiations with the next most qualified applicant in sequence until an agreement is reached and, if the negotiation is undertaken by an authorized representative of the public body, approved by the public body or until a determination is made by the public body to reject all applicants.

      10.  The public body or its authorized representative shall [make] :

      (a) Make available to all applicants and the public the [final] following information, as determined by the panel appointed pursuant to subsection 1 and the panel that conducted the interviews, as applicable:

             (1) The final rankings of the applicants [, as determined by the panel that conducted the interviews,] ;

             (2) The score assigned to each proposal received by the public body; and

             (3) For each proposal received by the public body, the score assigned to each factor that the public body specified in the request for proposals; and [shall provide,]

      (b) Provide, upon request, an explanation to any unsuccessful applicant of the reasons why the applicant was unsuccessful.

      Sec. 7.7. NRS 239.001 is hereby amended to read as follows:

      239.001  The Legislature hereby finds and declares that:

      1.  The purpose of this chapter is to foster democratic principles by providing members of the public with access to inspect and copy public books and records to the extent permitted by law;

      2.  The provisions of this chapter must be construed liberally to carry out this important purpose;

      3.  Any exemption, exception or balancing of interests which limits or restricts access to public books and records by members of the public must be construed narrowly; [and]

      4.  The use of private entities in the provision of public services must not deprive members of the public access to inspect and copy books and records relating to the provision of those services [.] ; and

 


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

ê2015 Statutes of Nevada, Page 456 (Chapter 123, AB 43)ê

 

      5.  If a public book or record is declared by law to be open to the public, such a declaration does not imply, and must not be construed to mean, that a public book or record is confidential if it is not declared by law to be open to the public and is not otherwise declared by law to be confidential.

      Sec. 8. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1A.110, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 386.655, 387.626, 387.631, 388.5275, 388.528, 388.5315, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.652, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 412.153, 416.070, 422.290, 422.305, 422A.320, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.270, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 453.1545, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 467.137, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 598.0964, 598A.110, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.353, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.212, 634.214, 634A.185, 635.158, 636.107,

 


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

ê2015 Statutes of Nevada, Page 457 (Chapter 123, AB 43)ê

 

637.085, 637A.315, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.280, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 710.159, 711.600, and sections 2, 3 and 6 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

      (a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

      Sec. 9.  1.  This act becomes effective upon passage and approval.

      2.  Sections 6 and 7.5 of this act expire by limitation on June 30, 2017.

________

 


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

ê2015 Statutes of Nevada, Page 458ê

 

CHAPTER 124, AB 57

Assembly Bill No. 57–Committee on Taxation

 

CHAPTER 124

 

[Approved: May 20, 2015]

 

AN ACT relating to taxation; revising provisions governing the taxation of purchases of direct mail to ensure continued compliance with the Streamlined Sales and Use Tax Agreement; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Nevada Tax Commission to enter into the Streamlined Sales and Use Tax Agreement and take any other actions reasonably required to implement the provisions of the Agreement. (NRS 360B.110) Existing law also provides for the payment of sales and use taxes due on a sale of direct mail. In certain circumstances under existing law, if a seller of direct mail does not maintain a place of business in this State, the purchaser is required to report and pay any applicable sales and use taxes due and the seller, in the absence of bad faith, is relieved of any obligation to collect, pay or remit any sales or use taxes which are applicable. Conversely, if the seller maintains a place of business in this State, the seller is required to collect and remit any sales or use taxes which are due in this State, while the purchaser is required to report and pay any applicable sales due in any other state. (NRS 360B.281) Consistently with the Agreement, this bill removes the distinction between a seller who maintains a place of business in this State and one who does not. In circumstances where the distinction has been relevant, this bill requires the purchaser to report and pay any applicable sales or use taxes, and relieves the seller, in the absence of bad faith, from any obligation to collect, pay or remit any sales or use tax applicable to the transaction.

 

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 360B.281 is hereby amended to read as follows:

      360B.281  1.  Notwithstanding the provisions of NRS 360B.350 to 360B.375, inclusive:

      (a) A purchaser of advertising and promotional direct mail may provide the seller with:

             (1) Documentation of the direct pay permit of the purchaser issued pursuant to NRS 360B.260;

             (2) A certificate or written statement, in a form approved by the Department in accordance with the provisions of the Agreement, claiming the direct mail; or

             (3) An informational statement of the jurisdictions to which the advertising and promotional direct mail is to be delivered to recipients.

      (b) If the purchaser provides the documentation, certificate or statement pursuant to subparagraph (1) or (2) of paragraph (a), the sale shall be deemed to take place in the jurisdictions to which the advertising and promotional direct mail is to be delivered to the recipients and:

             (1) [If the seller does not maintain a place of business in this State:

                    (I)] The purchaser shall report and pay any applicable sales or use taxes due; and

 


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

ê2015 Statutes of Nevada, Page 459 (Chapter 124, AB 57)ê

 

                   [(II)] (2) The seller, in the absence of bad faith, is relieved of all obligations to collect, pay or remit any sales or use taxes applicable to any transaction involving the advertising and promotional direct mail to which the documentation, certificate or statement applies . [; or

             (2) If the seller maintains a place of business in this State:

                   (I) The seller shall collect and remit any applicable sales or use taxes due in this State;

                   (II) The purchaser shall report and pay any applicable sales or use taxes due in any other state; and

                   (III) The seller, in the absence of bad faith, is relieved of all obligations to collect, pay or remit any sales or use taxes applicable to any transaction involving the advertising and promotional direct mail to which the documentation, certificate or statement applies which are due in any other state.]

      (c) If the purchaser provides the informational statement pursuant to subparagraph (3) of paragraph (a):

             (1) The sale shall be deemed to take place in the jurisdictions to which the advertising and promotional direct mail is to be delivered;

             (2) The seller shall collect and remit any applicable sales or use taxes due to those jurisdictions; and

             (3) If the seller complies with subparagraph (2) in accordance with the delivery information provided by the purchaser, the seller, in the absence of bad faith, is relieved of any further obligation to collect any additional sales or use taxes on the sale.

      (d) If the purchaser does not provide the seller with any of the items listed in paragraph (a), the sale shall be deemed to take place at the location described in subsection 5 of NRS 360B.360. The state to which the advertising and promotional direct mail is delivered may disallow credit for any sales or use taxes paid in accordance with this paragraph.

      2.  Notwithstanding the provisions of NRS 360B.350 to 360B.375, inclusive:

      (a) Except as otherwise provided in this subsection, the sale of other direct mail shall be deemed to take place at the location described in subsection 3 of NRS 360B.360.

      (b) A purchaser of other direct mail may provide the seller with:

             (1) Documentation of the direct pay permit of the purchaser issued pursuant to NRS 360B.260; or

             (2) A certificate or written statement, in a form approved by the Department in accordance with the provisions of the Agreement, claiming the direct mail.

      (c) If the purchaser provides the documentation, certificate or statement pursuant to paragraph (b), the sale shall be deemed to take place in the jurisdictions to which the other direct mail is to be delivered to the recipients and:

             (1) [If the seller does not maintain a place of business in this State:

                   (I)] The purchaser shall report and pay any applicable sales or use taxes due; and

                   [(II)] (2) The seller, in the absence of bad faith, is relieved of all obligations to collect, pay or remit any sales or use taxes applicable to any transaction involving the other direct mail to which the documentation, certificate or statement applies . [; or

             (2) If the seller maintains a place of business in this State:

 


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

ê2015 Statutes of Nevada, Page 460 (Chapter 124, AB 57)ê

 

                   (I) The seller shall collect and remit any applicable sales or use taxes due in this State;

                   (II) The purchaser shall report and pay any applicable sales or use taxes due in any other state; and

                   (III) The seller, in the absence of bad faith, is relieved of all obligations to collect, pay or remit any sales or use taxes applicable to any transaction involving the other direct mail to which the documentation, certificate or statement applies which are due in any other state.]

      3.  This section does not apply to any transaction that includes the development of billing information or the provision of any data processing service that is more than incidental, regardless of whether any advertising and promotional direct mail is included in the same mailing.

      4.  If a transaction is a bundled transaction, as defined by a regulation of the Department in accordance with the provisions of the Agreement, that includes advertising and promotional direct mail, this section applies only if the primary purpose of the transaction is the sale of products that meet the definition set forth in paragraph (a) of subsection 6.

      5.  The provisions of this section do not limit any purchaser’s:

      (a) Liability for any sales or use taxes to any states to which the direct mail is delivered;

      (b) Rights under local, state, federal or constitutional law, to a credit for sales or use taxes due and paid to other jurisdictions; or

      (c) Right to a refund of any sales or use taxes overpaid to any jurisdiction.

      6.  As used in this section:

      (a) “Advertising and promotional direct mail” means direct mail, the primary purpose of which is to attract public attention to a product, person, business or organization, or to attempt to sell, popularize or secure financial support for a product, person, business or organization. As used in this paragraph, “product” means tangible personal property, a product transferred electronically or a service.

      (b) “Direct mail” means printed material delivered or distributed by the United States Postal Service or another delivery service to a mass audience or to addresses contained on a mailing list provided by a purchaser or at the direction of a purchaser when the cost of the items purchased is not billed directly to the recipients. The term includes tangible personal property supplied directly or indirectly by the purchaser to the seller of the direct mail for inclusion in the package containing the printed material. The term does not include multiple items of printed material delivered to a single address.

      (c) “Other direct mail” means any direct mail that is not advertising and promotional direct mail, regardless of whether any advertising and promotional direct mail is included in the same mailing. The term:

             (1) Includes, but is not limited to:

                   (I) Transactional direct mail that contains personal information specific to the addressee, including, but not limited to, invoices, bills, statements of account and payroll advices;

                   (II) Any legally required mailings, including, but not limited to, privacy notices, tax reports and stockholder reports; and

                   (III) Other nonpromotional direct mail delivered to existing or former shareholders, customers, employees or agents, including, but not limited to, newsletters and informational pieces; and

 


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

ê2015 Statutes of Nevada, Page 461 (Chapter 124, AB 57)ê

 

             (2) Does not include the development of billing information or the provision of any data processing service that is more than incidental.

      Sec. 2.  This act becomes effective on July 1, 2015.

________

CHAPTER 125, AB 59

Assembly Bill No. 59–Committee on Government Affairs

 

CHAPTER 125

 

[Approved: May 20, 2015]

 

AN ACT relating to the Department of Administration; revising the authority of the Administrator of the State Public Works Division of the Department of Administration with respect to the leasing of certain office rooms; requiring the Administrator to consider regulations adopted by the State Public Works Division when entering into such real property leases; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law grants the Administrator of the State Public Works Division of the Department of Administration the authority to lease office space to house state officers, departments, agencies, boards or commissions whenever sufficient space cannot be provided within state buildings. (NRS 331.110) This bill makes it mandatory for the Administrator to lease and equip office rooms outside of state buildings for the use of state officers, departments, agencies, boards and commissions whenever sufficient space cannot be provided within state buildings except state officers and employees of boards that are exempt from the provisions of chapter 353 of NRS. This bill authorizes those exempt boards to request the Administrator to lease office rooms for them. This bill also requires the Administrator, when considering entering into a lease for office rooms, to take into consideration the regulations governing the duties of the Buildings and Grounds Section of the Division, as well as the reasonableness of the applicable agreement and the availability of sufficient space within state buildings.

 

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. NRS 331.110 is hereby amended to read as follows:

      331.110  1.  Except as otherwise provided by law, the Administrator [may] :

      (a) Except as otherwise provided in paragraph (b), shall lease and equip office rooms outside of state buildings for the use of state officers, departments, agencies, boards and commissions whenever sufficient space cannot be provided within state buildings. A state officer, department, agency, board or commission to which this paragraph applies may only lease and equip office rooms outside of state buildings pursuant to this paragraph.

 


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

ê2015 Statutes of Nevada, Page 462 (Chapter 125, AB 59)ê

 

      (b) May lease and equip office rooms outside of state buildings for the use of state officers and employees of boards that are exempt from the provisions of chapter 353 of NRS pursuant to NRS 353.005, upon the request of such a board.

      2.  The Administrator shall negotiate, approve and oversee any agreement to lease office rooms pursuant to this section, but no such lease may extend beyond the term of 1 year unless it is reviewed and approved by a majority of the members of the State Board of Examiners. The Attorney General shall approve each lease entered into pursuant to this subsection as to form and compliance with law.

      [2.]3.  Notwithstanding any other provision of law, before the Administrator enters into any lease for office rooms for any state officer, department, agency, board or commission [,] pursuant to subsection 1, the Administrator shall consider, without limitation:

      (a) The reasonableness of the terms of the agreement, including, without limitation, the cost; [and]

      (b) The availability of space for use by the state officer, department, agency, board or commission , as applicable, in buildings that are owned by or leased to the State [.] ; and

      (c) Any regulations adopted pursuant to or in accordance with NRS 341.110.

      [3.]4.  Each state officer, department, agency, board and commission shall maintain and, on or after April 1 but not later than June 30 of each year, provide to the Administrator an inventory of all real property leased to the State that is occupied by or otherwise used by the state officer, department, agency, board and commission. The Division of State Lands [,] of the State Department of Conservation and Natural Resources, Department of Transportation and State Public Works Division of the Department of Administration shall maintain and, on or after April 1 but not later than June 30 of each year, provide to the Administrator an inventory of all real property owned by the State. Each inventory must identify:

      (a) Real property that is being actively used by a state officer, department, agency, board or commission.

      (b) Real property that is not being actively used by a state officer, department, agency, board or commission.

      (c) Real property that is not being used by a state officer, department, agency, board or commission but which is reasonably anticipated to be actively used by a state officer, department, agency, board or commission in the future.

      (d) Real property that is being actively used as a park or wildlife area.

      [4.]5.  Except as otherwise provided in subsection [6,] 7, the Administrator shall post on an Internet website maintained by the State a list of all real property owned or leased by the State. Each such listing shall include, without limitation, a brief description of:

 

 

 

 

 


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

ê2015 Statutes of Nevada, Page 463 (Chapter 125, AB 59)ê

 

      (a) The location, size and current use of the real property, including, without limitation, whether the real property is actively used; and

      (b) The terms of the lease, including, without limitation, the cost to the State.

      [5.]6.  Before submitting the inventory to the Administrator pursuant to subsection [3,] 4, a state officer, department, agency, board, commission, the Division of State Lands [,] of the State Department of Conservation and Natural Resources, Department of Transportation or State Public Works Division of the Department of Administration that uses the property may request the Chief of the Budget Division of the Department of Administration to deem information regarding the property confidential for the purpose of maintaining public safety.

      [6.]7.  If the Chief of the Budget Division deems information regarding property to be confidential pursuant to subsection [5,] 6, the information concerning the property must be kept confidential and is not a public book or record within the meaning of NRS 239.010. The Chief of the Budget Division must inform the Administrator that the information is confidential and that the information must not be posted on an Internet website maintained by the State pursuant to subsection [4.] 5.

      [7.]8.  An owner of a building who enters into a contract with a state agency for occupancy in the building:

      (a) If the contract is entered into before May 28, 2009, may comply with the program; and

      (b) If the contract is entered into on or after May 28, 2009, shall, to the extent practicable as determined by the Administrator, comply with the program.

Ê If an owner chooses not to comply with the program pursuant to paragraph (a), a state or local agency shall not, after May 28, 2009, enter into a contract for occupancy of a building owned by the owner, except that the Administrator may authorize a state or local agency to enter into a contract for the occupancy of a building owned by an owner who does not comply with the program if the Administrator determines that it is impracticable for the owner to comply with the program.

      [8.]9.  As used in this section, “program” means the program established pursuant to NRS 701.218.

      Sec. 3. (Deleted by amendment.)

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

________

 


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

ê2015 Statutes of Nevada, Page 464ê

 

CHAPTER 126, SB 312

Senate Bill No. 312–Senator Kieckhefer

 

CHAPTER 126

 

[Approved: May 21, 2015]

 

AN ACT relating to taxing districts; imposing, in a city that has created a taxing district to improve and maintain publicly owned facilities for tourism and entertainment, in addition to any other surcharge, a surcharge on the per night charge for the rental of a room in a hotel in the district other than a hotel that holds a nonrestricted gaming license; imposing, in a city that has created such a taxing district, in addition to any other surcharge, an additional surcharge on the per night charge for the rental of a room in a hotel in the district that holds a nonrestricted gaming license; providing that the surcharges must be collected and used by the county fair and recreation board only for specified purposes; creating in a county in which is located a city that has created a taxing district to improve and maintain publicly owned facilities for tourism and entertainment a district for the promotion of tourism comprised of certain property within the county, including property located within any city in the county, other than property located in the district created by the city; requiring the board of county commissioners of the county to prescribe the boundaries of the district; imposing a surcharge on the per night charge for the rental of a room in a hotel in the district; providing that the money collected from the surcharge must be collected and used by the county fair and recreation board only for specified purposes; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the governing body of a city whose population is 220,000 or more in a county whose population is 100,000 or more but less than 700,000 (currently only the City of Reno) by ordinance to create a district to finance capital projects necessary to improve and maintain publicly owned facilities for tourism and entertainment. Existing law requires that such an ordinance be approved by a two-thirds majority of the members of the governing body. Existing law also requires that the ordinance impose a surcharge of $2 on the per night charge for the rental of a room in a hotel in the district that holds a nonrestricted gaming license and provides that the proceeds of the surcharge must be used by the city solely to pay the cost of improving and maintaining publicly owned facilities for tourism and entertainment in the district or within 1 mile outside the boundaries of the district, except for a minor league baseball stadium. (NRS 268.798)

      Section 1.3 of this bill imposes, in a city that has created a district to finance capital projects necessary to improve and maintain publicly owned facilities for tourism and entertainment, a surcharge of $2 on the per night charge for the rental of a room in a hotel in the district, other than a hotel that holds a nonrestricted gaming license. Section 1.5 of this bill imposes, in a city that has created such a district, an additional surcharge of $1 on the per night charge for the rental of a room in a hotel in the district that holds a nonrestricted gaming license. Sections 1.3 and 1.5 require the county fair and recreation board to collect the surcharges and expend the money only for the purposes authorized by section 4.5 of this bill.

      In any county in which is located a city that has created a district to finance capital projects necessary to improve and maintain publicly owned facilities for tourism and entertainment, section 4 of this bill creates a district for the promotion of tourism in the region.

 


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

ê2015 Statutes of Nevada, Page 465 (Chapter 126, SB 312)ê

 

tourism in the region. Section 4 also requires the board of county commissioners to adopt an ordinance prescribing the boundaries of the district, which must include within its boundaries all property: (1) which is located in the county and located in any city in the county other than property that is located within a district created by a city to finance capital projects necessary to improve and maintain publicly owned facilities for tourism and entertainment; and (2) which is located not more than 20 miles from the boundaries of any such district created by a city. Section 4 imposes a $2 surcharge on the per night charge for the rental of a room in a hotel in the district and requires the county fair and recreation board to collect the surcharge and expend the money only for the purposes authorized by section 4.5.

      Section 4.5 requires a county fair and recreation board that collects any money from the surcharge imposed by section 1.3, 1.5 or 4 to create an account into which all such money must be deposited. Section 4.5 authorizes the board to expend the money to implement a strategic plan for the promotion of tourism in the region. Section 4.5 also requires the board, every 5 years, to prepare and submit to the Legislature a report concerning the expenditure by the board of any money received from the surcharge imposed by sections 1.3, 1.5 and 4.

 

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 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.5 of this act.

      Sec. 1.3.  1.  In a city in which a district is created and a surcharge is imposed pursuant to NRS 268.798, there is hereby imposed a surcharge of $2 on the per night charge for the rental of a room in a hotel in the district other than a hotel that holds a nonrestricted gaming license. The surcharge must not be applied for any time during which the room is provided to a guest free of charge.

      2.  The proceeds of the surcharge imposed by this section must be collected by the county fair and recreation board created by NRS 244A.601 in accordance with the provisions of section 4.5 of this act. The money must be deposited in the account created pursuant to section 4.5 of this act and used only for the purposes set forth in that section.

      3.  The proceeds of the surcharge and any interest or income earned on such money may not be used for the purposes of promoting or marketing professional bowling.

      4.  As used in this section, “hotel” has the meaning ascribed to it in section 3.75 of this act.

      Sec. 1.5. 1.  In a city in which a district is created and a surcharge is imposed pursuant to NRS 268.798, in addition to the surcharge imposed pursuant to that section, there is hereby imposed a surcharge of $1 on the per night charge for the rental of a room in a hotel in the district that holds a nonrestricted gaming license. The surcharge must not be applied for any time during which the room is provided to a guest free of charge.

      2.  The proceeds of the surcharge imposed pursuant to this section must be collected by the county fair and recreation board created by NRS 244A.601 in accordance with the provisions of section 4.5 of this act. The money must be deposited in the account created pursuant to section 4.5 of this act and used only for the purposes set forth in that section.

 


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

ê2015 Statutes of Nevada, Page 466 (Chapter 126, SB 312)ê

 

      3.  The proceeds of the surcharge and any interest or income earned on such money may not be used for the purposes of promoting or marketing professional bowling.

      4.  As used in this section, “hotel” has the meaning ascribed to it in section 3.75 of this act.

      Sec. 2. (Deleted by amendment.)

      Sec. 3. NRS 244.3359 is hereby amended to read as follows:

      244.3359  1.  A county whose population is 700,000 or more shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991, except pursuant to NRS 244.3351, 244.3352 and 244.33561.

      2.  A county whose population is 100,000 or more but less than 700,000 shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991, except pursuant to NRS 244.33561 [.] and section 4 of this act.

      3.  Except as otherwise provided in subsection 2 and NRS 387.191, the Legislature hereby declares that the limitation imposed by subsection 2 will not be repealed or amended except to allow the imposition of an increase in such a tax for the promotion of tourism or for the construction or operation of tourism facilities by a convention and visitors authority.

      Sec. 3.5. Chapter 244A of NRS is hereby amended by adding thereto the provisions set forth as sections 3.75, 4 and 4.5 of this act.

      Sec. 3.75. As used in this section and sections 4 and 4.5 of this act, unless the context otherwise requires, “hotel” means a building occupied or intended to be occupied for compensation, as the temporary residence for transient guests, primarily persons who have residence elsewhere. A hotel has an interior hall and lobby with access to each room from the interior hall or lobby.

      Sec. 4. 1.  In a county in which is located a city that has created a district and imposed a surcharge pursuant to NRS 268.798, there is hereby:

      (a) Created a district for the promotion of tourism; and

      (b) Imposed a surcharge of $2 on the per night charge for the rental of a room in a hotel in the district. The surcharge must not be applied for any time during which the room is provided to a guest free of charge.

      2.  As soon as practicable on or after July 1, 2015, but on or before October 1, 2015, the board of county commissioners shall adopt an ordinance prescribing the boundaries of the district created by paragraph (a) of subsection 1, which:

      (a) Must include within it all property within the county and within each city in the county that is:

             (1) Not located within a district created pursuant to NRS 268.798; and

             (2) Located not more than 20 miles from the boundaries of a district created pursuant to NRS 268.798; and

      (b) Must not include within it any property located within a district created pursuant to NRS 268.798.

      3.  The surcharge imposed by this section is in addition to any other license fee, tax or surcharge imposed on the revenues from the rental of transient lodging. The surcharge must be collected by the county fair and recreation board in accordance with the provisions of section 4.5 of this act.

 


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

ê2015 Statutes of Nevada, Page 467 (Chapter 126, SB 312)ê

 

act. The money must be deposited in the account created pursuant to section 4.5 of this act and used only for the purposes set forth in that section.

      4.  The proceeds of the surcharge and any interest or income earned on such money may not be used for the purposes of promoting or marketing professional bowling.

      Sec. 4.5. 1.  A county fair and recreation board that collects any proceeds of the surcharges imposed by section 1.3, 1.5 or 4 of this act:

      (a) Shall create an account administered by the board and deposit into such account all proceeds collected by the board from the surcharges imposed by sections 1.3, 1.5 and 4 of this act. The money in the account, including any interest and income earned on such money, must not be transferred to any other fund or account or used for any purpose other than the purposes set forth in subsection 2.

      (b) Shall prescribe a procedure for the collection of the surcharges imposed by sections 1.3, 1.5 and 4 of this act, which may include, without limitation, procedures for the enforcement of the collection of any delinquent surcharges and the provision of penalties in connection therewith, including, without limitation, the suspension of the business license issued by a county, city or town to a hotel and the closure of a hotel for failure to pay any surcharge imposed by section 1.3, 1.5 or 4 of this act.

      (c) May adopt rules and regulations concerning the collection and administration of the surcharges imposed by sections 1.3, 1.5 and 4 of this act and provide penalties for the failure to comply therewith.

      2.  All money collected by a county fair and recreation board from the proceeds of the surcharges imposed by sections 1.3, 1.5 and 4 of this act must be used to implement a strategic plan for the promotion of tourism in the region. The strategic plan:

      (a) Except as otherwise provided in paragraph (b), may provide for the expenditure of any money received from the proceeds of the surcharges imposed by sections 1.3, 1.5 and 4 of this act:

             (1) For the purposes set forth in NRS 244A.597.

             (2) For the maintenance of public recreational facilities located in the county which are owned by the county or an incorporated city in the county or under the control of the county fair and recreation board.

             (3) To carry out projects designed to encourage tourism or to improve access by tourists to airports located in the county.

             (4) To solicit and promote tourism, gaming and the use of public recreational facilities of the community or area, which may include advertising the facilities under the control of the county fair and recreation board and the resources of the community or area, including tourist accommodations, transportation, entertainment, gaming and climate. Such advertising may be done jointly with a private enterprise. The county fair and recreation board may enter into contracts for advertising pursuant to this subparagraph and pay the cost of the advertising, including a reasonable commission.

             (5) For any other purpose identified in the strategic plan.

      (b) May not provide for the expenditure of any money received from the proceeds of the surcharges imposed by sections 1.3, 1.5 and 4 of this act for the operational expenses of the county fair and recreation board or for the purposes of promoting or marketing professional bowling.

 


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

ê2015 Statutes of Nevada, Page 468 (Chapter 126, SB 312)ê

 

      3.  On or before January 15, 2021, and on or before January 15 of each fifth year thereafter, a county fair and recreation board that collects any money from the surcharge imposed and collected pursuant to section 1.3, 1.5 or 4 of this act shall prepare and submit to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature a written report which must:

      (a) Address, without limitation, the total amount collected from the surcharges imposed by sections 1.3, 1.5 and 4 of this act;

      (b) Address, without limitation, the total amount expended by the board to carry out the purposes set forth in this section; and

      (c) Cover the 5-year period immediately preceding the submission of the report.

      Sec. 5.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 6.  This act becomes effective on July 1, 2015.

________

CHAPTER 127, AB 158

Assembly Bill No. 158–Committee on Health and Human Services

 

CHAPTER 127

 

[Approved: May 21, 2015]

 

AN ACT relating to public health; authorizing certain entities to obtain auto-injectable epinephrine for use when a person experiences anaphylaxis; specifying the qualifications of persons authorized to provide or administer auto-injectable epinephrine; requiring certain entities that maintain auto-injectable epinephrine to report the circumstances surrounding each administration of auto-injectable epinephrine; authorizing certain providers of health care to issue an order for auto-injectable epinephrine to a school or certain other entities; providing immunity to certain persons for acts or omissions relating to the acquisition, possession or administration of auto-injectable epinephrine in certain circumstances; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires each public school in this State to obtain an order from a physician for auto-injectable epinephrine and maintain at least two doses at the school. (NRS 388.424) Existing law also authorizes a private school to obtain such an order and maintain auto-injectable epinephrine at the school. (NRS 394.1995) A school nurse or other trained employee at a public or private school that maintains auto-injectable epinephrine pursuant to such an order is authorized, during regular school hours, to administer auto-injectable epinephrine maintained at the school to any pupil on the premises of the school whom the school nurse or other trained employee reasonably believes is experiencing anaphylaxis. (NRS 388.424, 394.1995)

      Section 3 of this bill authorizes an authorized entity to obtain an order from a physician, physician assistant or advanced practice registered nurse for auto-injectable epinephrine, and section 2 of this bill defines an “authorized entity” as any public or private entity, other than a public or private school, where allergens capable of causing anaphylaxis may be present on the premises of the entity or in connection with activities conducted by the entity.

 


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

ê2015 Statutes of Nevada, Page 469 (Chapter 127, AB 158)ê

 

public or private entity, other than a public or private school, where allergens capable of causing anaphylaxis may be present on the premises of the entity or in connection with activities conducted by the entity. Sections 6, 6.5 and 7 of this bill authorize a physician, physician assistant or advanced practice registered nurse to issue such an order. Additionally, sections 5.2, 5.7, 6, 6.5 and 7 of this bill authorize a physician assistant or advanced practice registered nurse to issue an order for auto-injectable epinephrine to a public or private school.

      Section 3 authorizes an authorized entity that has obtained such an order to maintain auto-injectable epinephrine at any location under the control of the authorized entity where allergens capable of causing anaphylaxis may be present. Additionally, section 3 provides that auto-injectable epinephrine maintained by an authorized entity may be provided or administered by: (1) an owner, employee or agent of the authorized entity who has received certain training; or (2) a person, other than an owner, employee or agent of the authorized entity, who is trained in the administration of auto-injectable epinephrine. Section 3 also requires an authorized entity to report the circumstances surrounding each administration of auto-injectable epinephrine to: (1) the State Board of Health if it occurs in a county whose population is less than 700,000 (currently all counties other than Clark County); or (2) the district board of health if it occurs in a county whose population is 700,000 or more (Clark County). Section 4 of this bill prescribes requirements for the training to be provided to the owners, employees and agents of an authorized entity concerning the storage and administration of auto-injectable epinephrine.

      Sections 5 and 6-8 of this bill exempt an authorized entity that maintains auto-injectable epinephrine, a person who administers auto-injectable epinephrine, a physician, physician assistant or advanced practice registered nurse who issues an order to authorize a school or an authorized entity to acquire and maintain auto-injectable epinephrine, a pharmacist who dispenses auto-injectable epinephrine pursuant to such an order and certain other persons from liability for certain damages relating to the acquisition, possession, provision or administration of auto-injectable epinephrine not amounting to gross negligence or willful or wanton conduct.

 

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 450B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, “authorized entity” means any public or private entity where allergens capable of causing anaphylaxis may be present on the premises of the entity or in connection with activities conducted by the entity. Such an entity may include, without limitation, a restaurant, recreation program, sports league, amusement park, stadium or arena. The term does not include a public or private school.

      Sec. 3. 1.  An authorized entity may obtain an order for auto-injectable epinephrine from a physician, osteopathic physician, physician assistant or advanced practice registered nurse, pursuant to NRS 630.374 or 633.707 or section 6.5 of this act to be maintained by the authorized entity at any location under control of the authorized entity where allergens capable of causing anaphylaxis may be present. If a dose of auto-injectable epinephrine maintained by the authorized entity is used or expires, the authorized entity may obtain an additional dose of auto-injectable epinephrine to replace the used or expired dose.

 


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

ê2015 Statutes of Nevada, Page 470 (Chapter 127, AB 158)ê

 

      2.  Auto-injectable epinephrine maintained by an authorized entity pursuant to this section may be provided to a person for self-administration or may be administered to any person reasonably believed to be experiencing anaphylaxis by:

      (a) An owner, employee or agent of the authorized entity who has received the training required pursuant to section 4 of this act; or

      (b) A person, other than an owner, employee or agent of the authorized entity, who is trained to recognize the symptoms of anaphylaxis and to administer auto-injectable epinephrine, who may include, without limitation, a provider of health care, a provider of emergency medical services, an athletic trainer or a family member of a person who suffers from allergies capable of causing anaphylaxis.

      3.  An authorized entity shall:

      (a) Store auto-injectable epinephrine in a designated, secure location that is easily accessible and in compliance with the instructions provided by the manufacturer of the auto-injectable epinephrine and any requirements prescribed by the board; and

      (b) Designate one or more employees or agents who have received the training described in section 4 of this act to be responsible for the storage, maintenance and oversight of the auto-injectable epinephrine maintained by the authorized entity.

      4.  Not later than 30 days after a dose of auto-injectable epinephrine maintained by an authorized entity is administered, the authorized entity shall report, on a form prescribed by the board, the circumstances surrounding such administration. The board shall publish an annual report summarizing and analyzing the information reported by authorized entities pursuant to this subsection.

      5.  As used in this section:

      (a) “Provider of emergency medical services” means a person licensed as an attendant or certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant to this chapter.

      (b) “Provider of health care” means a physician, nurse or physician assistant registered or licensed in this State.

      Sec. 4. 1.  Before administering auto-injectable epinephrine pursuant to section 3 of this act, an owner, employee or agent of an authorized entity must receive training that is provided by a nationally recognized organization that provides training to persons who are not health care professionals in the provision of health care or emergency medical services or a person or organization approved by the board to provide the training. Such training:

      (a) May be provided in person or through a program of distance education; and

      (b) Must include, without limitation, instruction in:

             (1) Recognizing the symptoms of a severe allergic reaction, including anaphylaxis;

             (2) The proper storage and administration of auto-injectable epinephrine; and

             (3) Follow-up procedures after the administration of auto-injectable epinephrine.

      2.  Upon completion of the training required pursuant to subsection 1, a person must be issued a certificate on a form developed or approved by the board to evidence completion of the training.

 


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

ê2015 Statutes of Nevada, Page 471 (Chapter 127, AB 158)ê

 

      3.  As used in this section, “distance education” means a program that offers instruction which is delivered by the Internet in such a manner that the person supervising or providing the instruction and the person receiving the instruction are separated geographically for a majority of the time during which the instruction is delivered.

      Sec. 5. 1.  An authorized entity that maintains auto-injectable epinephrine pursuant to section 3 of this act, an owner, employee or agent of such an authorized entity, a person who administers auto-injectable epinephrine pursuant to section 3 of this act and a person or organization that provides training pursuant to section 4 of this act is not liable for any error or omission concerning the acquisition, possession, provision or administration of auto-injectable epinephrine as authorized pursuant to section 3 of this act not amounting to gross negligence or reckless, willful or wanton conduct.

      2.  A person who administers auto-injectable epinephrine pursuant to section 3 of this act shall not be deemed to have engaged in the practice of medicine, osteopathic medicine or respiratory care for the purposes of chapter 630 or 633 of NRS or to have otherwise violated any provision relating to the practice of medicine, osteopathic medicine or respiratory care.

      Sec. 5.2. NRS 388.424 is hereby amended to read as follows:

      388.424  1.  Each public school, including, without limitation, each charter school, shall obtain an order from a physician , [or] osteopathic physician , physician assistant or advanced practice registered nurse, for auto-injectable epinephrine pursuant to NRS 630.374 or 633.707 or section 6.5 of this act and acquire at least two doses of the medication to be maintained at the school. If a dose of auto-injectable epinephrine maintained by the public school is used or expires, the public school shall ensure that at least two doses of the medication are available at the school and obtain additional doses to replace the used or expired doses if necessary.

      2.  Auto-injectable epinephrine maintained by a public school pursuant to this section may be administered:

      (a) At a public school other than a charter school, by a school nurse or any other employee of the public school who has been designated by the school nurse and has received training in the proper storage and administration of auto-injectable epinephrine; or

      (b) At a charter school, by the employee designated to be authorized to administer auto-injectable epinephrine pursuant to NRS 386.598 if the person has received the training in the proper storage and administration of auto-injectable epinephrine.

      3.  A school nurse or other designated employee of a public school may administer auto-injectable epinephrine maintained at the school to any pupil on the premises of the public school during regular school hours whom the school nurse or other designated employee reasonably believes is experiencing anaphylaxis.

      4.  A public school may accept gifts, grants and donations from any source for the support of the public school in carrying out the provisions of this section, including, without limitation, the acceptance of auto-injectable epinephrine from a manufacturer or wholesaler of auto-injectable epinephrine.

 


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

ê2015 Statutes of Nevada, Page 472 (Chapter 127, AB 158)ê

 

      Sec. 5.7. NRS 394.1995 is hereby amended to read as follows:

      394.1995  1.  A private school may obtain an order from a physician , [or] osteopathic physician , physician assistant or advanced practice registered nurse for auto-injectable epinephrine pursuant to NRS 630.374 or 633.707 or section 6.5 of this act to be maintained at the school. If a dose of auto-injectable epinephrine maintained by the private school is used or expires, the private school may obtain additional doses of auto-injectable epinephrine to replace the used or expired auto-injectable epinephrine.

      2.  Auto-injectable epinephrine maintained by a private school pursuant to this section may be administered by a school nurse or any other employee of the private school who has received training in the proper storage and administration of auto-injectable epinephrine.

      3.  A school nurse or other trained employee may administer auto-injectable epinephrine maintained at the school to any pupil on the premises of the private school during regular school hours whom the school nurse or other trained employee reasonably believes is experiencing anaphylaxis.

      4.  A private school shall ensure that auto-injectable epinephrine maintained at the school is stored in a designated, secure location that is unlocked and easily accessible.

      Sec. 6. NRS 630.374 is hereby amended to read as follows:

      630.374  1.  A physician or physician assistant may issue to a public or private school an order to allow the school to obtain and maintain auto-injectable epinephrine at the school, regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of anaphylaxis.

      2.  A physician or physician assistant may issue to an authorized entity an order to allow the authorized entity to obtain and maintain auto-injectable epinephrine at any location under the control of the authorized entity where allergens capable of causing anaphylaxis may be present, regardless of whether any person employed by, affiliated with or served by the authorized entity has been diagnosed with a condition which may cause the person to require such medication for the treatment of anaphylaxis.

      3.  An order issued pursuant to subsection 1 or 2 must contain:

      (a) The name and signature of the physician or physician assistant and the address of the physician or physician assistant if not immediately available to the pharmacist;

      (b) The classification of his or her license;

      (c) The name of the public or private school or authorized entity to which the order is issued;

      (d) The name, strength and quantity of the drug authorized to be obtained and maintained by the order; and

      (e) The date of issue.

      [3.]4.  A physician or physician assistant is not subject to disciplinary action solely for issuing a valid order pursuant to subsection 1 or 2 to an entity other than a natural person and without knowledge of a specific natural person who requires the medication.

      [4.]5. A physician or physician assistant is not liable for any error or omission concerning the acquisition, possession, provision or administration of auto-injectable epinephrine maintained by a public or private school or authorized entity pursuant to an order issued by the physician or physician assistant pursuant to subsection 1 or 2 not resulting from gross negligence or reckless, willful or wanton conduct of the physician or physician assistant.

 


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

ê2015 Statutes of Nevada, Page 473 (Chapter 127, AB 158)ê

 

physician or physician assistant pursuant to subsection 1 or 2 not resulting from gross negligence or reckless, willful or wanton conduct of the physician or physician assistant.

      6.  As used in this section:

      (a) “Authorized entity” has the meaning ascribed to it in section 2 of this act.

      (b) “Private school” has the meaning ascribed to it in NRS 394.103.

      [(b)](c) “Public school” has the meaning ascribed to it in NRS 385.007.

      Sec. 6.5. Chapter 632 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An advanced practice registered nurse may issue to a public or private school an order to allow the school to obtain and maintain auto-injectable epinephrine at the school, regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of anaphylaxis.

      2.  An advanced practice registered nurse may issue to an authorized entity an order to allow the authorized entity to obtain and maintain auto-injectable epinephrine at any location under the control of the authorized entity where allergens capable of causing anaphylaxis may be present, regardless of whether any person employed by, affiliated with or served by the authorized entity has been diagnosed with a condition which may cause the person to require such medication for the treatment of anaphylaxis.

      3.  An order issued pursuant to subsection 1 or 2 must contain:

      (a) The name and signature of the advanced practice registered nurse and the address of the advanced practice registered nurse if not immediately available to the pharmacist;

      (b) The classification of his or her license;

      (c) The name of the public or private school or authorized entity to which the order is issued;

      (d) The name, strength and quantity of the drug authorized to be obtained and maintained by the order; and

      (e) The date of issue.

      4.  An advanced practice registered nurse is not subject to disciplinary action solely for issuing a valid order pursuant to subsection 1 or 2 to an entity other than a natural person and without knowledge of a specific natural person who requires the medication.

      5.  An advanced practice registered nurse is not liable for any error or omission concerning the acquisition, possession, provision or administration of auto-injectable epinephrine maintained by a public or private school or authorized entity pursuant to an order issued by the advanced practice registered nurse pursuant to subsection 1 or 2 not resulting from gross negligence or reckless, willful or wanton conduct of the advanced practice registered nurse.

      6.  As used in this section:

      (a) “Authorized entity” has the meaning ascribed to it in section 2 of this act.

      (b) “Private school” has the meaning ascribed to it in NRS 394.103.

      (c) “Public school” has the meaning ascribed to it in NRS 385.007.

      Sec. 7. NRS 633.707 is hereby amended to read as follows:

      633.707  1.  An osteopathic physician or physician assistant may issue to a public or private school an order to allow the school to obtain and maintain auto-injectable epinephrine at the school, regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of anaphylaxis.

 


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

ê2015 Statutes of Nevada, Page 474 (Chapter 127, AB 158)ê

 

person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of anaphylaxis.

      2.  An osteopathic physician or physician assistant may issue to an authorized entity an order to allow the authorized entity to obtain and maintain auto-injectable epinephrine at any location under the control of the authorized entity where allergens capable of causing anaphylaxis may be present, regardless of whether any person employed by, affiliated with or served by the authorized entity has been diagnosed with a condition which may cause the person to require such medication for the treatment of anaphylaxis.

      3.  An order issued pursuant to subsection 1 or 2 must contain:

      (a) The name and signature of the osteopathic physician or physician assistant and the address of the osteopathic physician or physician assistant if not immediately available to the pharmacist;

      (b) The classification of his or her license;

      (c) The name of the public or private school or authorized entity to which the order is issued;

      (d) The name, strength and quantity of the drug authorized to be obtained and maintained by the order; and

      (e) The date of issue.

      [3.]4.  An osteopathic physician or physician assistant is not subject to disciplinary action solely for issuing a valid order pursuant to subsection 1 or 2 to an entity other than a natural person and without knowledge of a specific natural person who requires the medication.

      [4.]5. An osteopathic physician or physician assistant is not liable for any error or omission concerning the acquisition, possession, provision or administration of auto-injectable epinephrine maintained by a public or private school or authorized entity pursuant to an order issued by the osteopathic physician or physician assistant not resulting from gross negligence or reckless, willful or wanton conduct of the osteopathic physician or physician assistant.

      6.  As used in this section:

      (a) “Authorized entity” has the meaning ascribed to it in section 2 of this act.

      (b) “Private school” has the meaning ascribed to it in NRS 394.103.

      [(b)](c) “Public school” has the meaning ascribed to it in NRS 385.007.

      Sec. 8. NRS 639.2357 is hereby amended to read as follows:

      639.2357  1.  Upon the request of a patient, or a public or private school or an authorized entity for which an order was issued pursuant to NRS 630.374 or 633.707 [,] or section 6.5 of this act, a registered pharmacist shall transfer a prescription or order to another registered pharmacist.

      2.  A registered pharmacist who transfers a prescription or order pursuant to subsection 1 shall comply with any applicable regulations adopted by the Board relating to the transfer.

      3.  The provisions of this section do not authorize or require a pharmacist to transfer a prescription or order in violation of:

      (a) Any law or regulation of this State;

      (b) Federal law or regulation; or

      (c) A contract for payment by a third party if the patient is a party to that contract.

 


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

ê2015 Statutes of Nevada, Page 475 (Chapter 127, AB 158)ê

 

      4.  A pharmacist is not liable for any error or omission concerning the acquisition, possession, provision or administration of auto-injectable epinephrine that the pharmacist has dispensed to a public or private school or authorized entity pursuant to an order issued pursuant to NRS 630.374 or 633.707 or section 6.5 of this act not resulting from gross negligence or reckless, willful or wanton conduct of the pharmacist.

      5.  As used in this section, “authorized entity” has the meaning ascribed to it in section 2 of this act.

________

CHAPTER 128, AB 183

Assembly Bill No. 183–Assemblyman Elliot Anderson

 

CHAPTER 128

 

[Approved: May 21, 2015]

 

AN ACT relating to real property; requiring the grantee to whom real property is conveyed under an agreement for a deed in lieu of a foreclosure sale to record the conveyance within 30 days after the date of the conveyance; providing that a grantee who fails to record such a conveyance is liable for certain damages and attorney’s fees and costs; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill: (1) requires the grantee of real property under an agreement for a deed in lieu of a foreclosure sale to record the conveyance with the appropriate office of the county recorder within 30 days after the date of the conveyance; and (2) makes the grantee liable for attorney’s fees and costs and for certain damages for failure to record such a conveyance.

 

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 a new section to read as follows:

      1.  After the conveyance of real property pursuant to an agreement for a deed in lieu of a foreclosure sale, the grantee shall, within 30 days after the date of the conveyance, record the conveyance by recording a deed in the office of the county recorder of the county in which the property is located.

      2.  If the grantee fails to record a deed pursuant to subsection 1, the grantee is liable in a civil action:

      (a) To a grantor of the deed in lieu of foreclosure or any party that is a senior lienholder against the property that is the subject of the sale in a sum of up to $500 and for reasonable attorney’s fees and the costs of bringing the action; and

      (b) For any actual damages caused by the failure to comply with the provisions of subsection 1 and for reasonable attorney’s fees and the costs of bringing the action.

 


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

ê2015 Statutes of Nevada, Page 476 (Chapter 128, AB 183)ê

 

      Sec. 2. NRS 107A.200 is hereby amended to read as follows:

      107A.200  “Submit for recording” means to submit a document complying with applicable legal standards, with required fees and taxes, to the appropriate governmental office pursuant to NRS 111.310 to 111.365, inclusive [.] , and section 1 of this act.

________

CHAPTER 129, AB 204

Assembly Bill No. 204–Assemblyman Carrillo

 

CHAPTER 129

 

[Approved: May 21, 2015]

 

AN ACT relating to motor vehicles; revising provisions governing the requirements for special license plates, a special parking placard or a special parking sticker issued by the Department of Motor Vehicles to certain persons with disabilities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Department of Motor Vehicles is authorized to issue special license plates, a special or temporary parking placard or a special or temporary parking sticker to a person with a permanent disability, a person with a disability of moderate duration or a person with a temporary disability who applies for such a plate, placard or sticker. Such a plate, placard or sticker is required to have on it the international symbol of access, an identification number, an expiration date and the seal or other identification of the Department. A city or county may also issue such a temporary parking placard or a temporary parking sticker. Upon issuance of such a plate, placard or sticker, the Department or the city or county, as applicable, must issue a letter to the applicant that sets forth the name of the person with the disability and certain other information. (NRS 482.384) Section 1 of this bill requires that such a letter issued by the Department or a city or county, as applicable, also contain the photograph of the holder of the placard that appears on the driver’s license or identification card, if any, of the holder. Sections 2 and 3 of this bill require the owner or operator of a motor vehicle displaying such a plate, placard or sticker to present the letter upon the request of a police officer or certain volunteers appointed by a local law enforcement agency to enforce handicapped parking provisions.

 

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 482.384 is hereby amended to read as follows:

      482.384  1.  Upon the application of a person with a permanent disability, the Department may issue special license plates for a vehicle, including a motorcycle, registered by the applicant pursuant to this chapter. The application must include a statement from a licensed physician certifying that the applicant is a person with a permanent disability. The issuance of a special license plate to a person with a permanent disability pursuant to this subsection does not preclude the issuance to such a person of a special parking placard for a vehicle other than a motorcycle or a special parking sticker for a motorcycle pursuant to subsection 6.

 


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

ê2015 Statutes of Nevada, Page 477 (Chapter 129, AB 204)ê

 

a special parking placard for a vehicle other than a motorcycle or a special parking sticker for a motorcycle pursuant to subsection 6.

      2.  Every year after the initial issuance of special license plates to a person with a permanent disability, the Department shall require the person to renew the special license plates in accordance with the procedures for renewal of registration pursuant to this chapter. The Department shall not require a person with a permanent disability to include with the application for renewal a statement from a licensed physician certifying that the person is a person with a permanent disability.

      3.  Upon the application of an organization which provides transportation for a person with a permanent disability, disability of moderate duration or temporary disability, the Department may issue special license plates for a vehicle registered by the organization pursuant to this chapter, or the Department may issue special parking placards to the organization pursuant to this section to be used on vehicles providing transportation to such persons. The application must include a statement from the organization certifying that:

      (a) The vehicle for which the special license plates are issued is used primarily to transport persons with permanent disabilities, disabilities of moderate duration or temporary disabilities; or

      (b) The organization which is issued the special parking placards will only use such placards on vehicles that actually transport persons with permanent disabilities, disabilities of moderate duration or temporary disabilities.

      4.  The Department may charge a fee for special license plates issued pursuant to this section not to exceed the fee charged for the issuance of license plates for the same class of vehicle.

      5.  Special license plates issued pursuant to this section must display the international symbol of access in a color which contrasts with the background and is the same size as the numerals and letters on the plate.

      6.  Upon the application of a person with a permanent disability or disability of moderate duration, the Department may issue:

      (a) A special parking placard for a vehicle other than a motorcycle. Upon request, the Department may issue one additional placard to an applicant to whom special license plates have not been issued pursuant to this section.

      (b) A special parking sticker for a motorcycle.

Ê The application must include a statement from a licensed physician certifying that the applicant is a person with a permanent disability or disability of moderate duration.

      7.  A special parking placard issued pursuant to subsection 6 must:

      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a blue background;

      (b) Have an identification number and date of expiration of:

             (1) If the special parking placard is issued to a person with a permanent disability, 10 years after the initial date of issuance; or

             (2) If the special parking placard is issued to a person with a disability of moderate duration, 2 years after the initial date of issuance;

      (c) Have placed or inscribed on it the seal or other identification of the Department; and

      (d) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

 


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

ê2015 Statutes of Nevada, Page 478 (Chapter 129, AB 204)ê

 

      8.  A special parking sticker issued pursuant to subsection 6 must:

      (a) Have inscribed on it the international symbol of access which complies with any applicable federal standards, is centered on the sticker and is white on a blue background;

      (b) Have an identification number and a date of expiration of:

             (1) If the special parking sticker is issued to a person with a permanent disability, 10 years after the initial date of issuance; or

             (2) If the special parking sticker is issued to a person with a disability of moderate duration, 2 years after the initial date of issuance; and

      (c) Have placed or inscribed on it the seal or other identification of the Department.

      9.  Before the date of expiration of a special parking placard or special parking sticker issued to a person with a permanent disability or disability of moderate duration, the person shall renew the special parking placard or special parking sticker. If the applicant for renewal is a person with a disability of moderate duration, the applicant must include with the application for renewal a statement from a licensed physician certifying that the applicant is a person with a disability which limits or impairs the ability to walk, and that such disability, although not irreversible, is estimated to last longer than 6 months. A person with a permanent disability is not required to submit evidence of a continuing disability with the application for renewal.

      10.  The Department, or a city or county, may issue, and charge a reasonable fee for, a temporary parking placard for a vehicle other than a motorcycle or a temporary parking sticker for a motorcycle upon the application of a person with a temporary disability. Upon request, the Department, city or county may issue one additional temporary parking placard to an applicant. The application must include a certificate from a licensed physician indicating:

      (a) That the applicant has a temporary disability; and

      (b) The estimated period of the disability.

      11.  A temporary parking placard issued pursuant to subsection 10 must:

      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a red background;

      (b) Have an identification number and a date of expiration; and

      (c) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

      12.  A temporary parking sticker issued pursuant to subsection 10 must:

      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the sticker and is white on a red background; and

      (b) Have an identification number and a date of expiration.

      13.  A temporary parking placard or temporary parking sticker is valid only for the period for which a physician has certified the disability, but in no case longer than 6 months. If the temporary disability continues after the period for which the physician has certified the disability, the person with the temporary disability must renew the temporary parking placard or temporary parking sticker before the temporary parking placard or temporary parking sticker expires. The person with the temporary disability shall include with the application for renewal a statement from a licensed physician certifying that the applicant continues to be a person with a temporary disability and the estimated period of the disability.

 


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

ê2015 Statutes of Nevada, Page 479 (Chapter 129, AB 204)ê

 

      14.  A special or temporary parking placard must be displayed in the vehicle when the vehicle is parked by hanging or attaching the placard to the rearview mirror of the vehicle. If the vehicle has no rearview mirror, the placard must be placed on the dashboard of the vehicle in such a manner that the placard can easily be seen from outside the vehicle when the vehicle is parked.

      15.  Upon issuing a special license plate pursuant to subsection 1, a special or temporary parking placard, or a special or temporary parking sticker, the Department, or the city or county, if applicable, shall issue [a] an authorization letter to the applicant that includes the photograph of the applicant which appears on the driver’s license or identification card, if any, of the applicant who is the person with a disability, and sets forth the name and address of the person with a permanent disability, disability of moderate duration or temporary disability to whom the special license plate, special or temporary parking placard or special or temporary parking sticker has been issued and:

      (a) If the person receives special license plates, the license plate number designated for the plates; and

      (b) If the person receives a special or temporary parking placard or a special or temporary parking sticker, the identification number and date of expiration indicated on the placard or sticker.

Ê The authorization letter, or a legible copy thereof, must be kept with the vehicle for which the special license plate has been issued or in which the person to whom the special or temporary parking placard or special or temporary parking sticker has been issued is driving or is a passenger.

      16.  A special or temporary parking sticker must be affixed to the windscreen of the motorcycle. If the motorcycle has no windscreen, the sticker must be affixed to any other part of the motorcycle which may be easily seen when the motorcycle is parked.

      17.  Special or temporary parking placards, special or temporary parking stickers, or special license plates issued pursuant to this section do not authorize parking in any area on a highway where parking is prohibited by law.

      18.  No person, other than the person certified as being a person with a permanent disability, disability of moderate duration or temporary disability, or a person actually transporting such a person, may use the special license plate or plates or a special or temporary parking placard, or a special or temporary parking sticker issued pursuant to this section to obtain any special parking privileges available pursuant to this section.

      19.  Any person who violates the provisions of subsection 18 is guilty of a misdemeanor.

      20.  The Department may review the eligibility of each holder of a special parking placard, a special parking sticker or special license plates, or any combination thereof. Upon a determination of ineligibility by the Department, the holder shall surrender the special parking placard, special parking sticker or special license plates, or any combination thereof, to the Department.

      21.  The Department may adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 2. NRS 484B.463 is hereby amended to read as follows:

      484B.463  1.  Except as otherwise provided in subsection [3,] 4, an owner or operator of a motor vehicle displaying a special parking placard, a special parking sticker, a temporary parking placard, a temporary parking sticker or a special plate or plates issued pursuant to NRS 482.384, or a special plate or plates for a veteran with a disability issued pursuant to NRS 482.377, may park the motor vehicle for not more than 4 hours at any one time in a parking zone restricted as to the length of time parking is permitted, without penalty, removal or impoundment of the vehicle if the parking is otherwise consistent with public safety and is done by a person with a permanent disability, disability of moderate duration or temporary disability, a veteran with a disability or a person transporting any such person.

 


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

ê2015 Statutes of Nevada, Page 480 (Chapter 129, AB 204)ê

 

special parking sticker, a temporary parking placard, a temporary parking sticker or a special plate or plates issued pursuant to NRS 482.384, or a special plate or plates for a veteran with a disability issued pursuant to NRS 482.377, may park the motor vehicle for not more than 4 hours at any one time in a parking zone restricted as to the length of time parking is permitted, without penalty, removal or impoundment of the vehicle if the parking is otherwise consistent with public safety and is done by a person with a permanent disability, disability of moderate duration or temporary disability, a veteran with a disability or a person transporting any such person.

      2.  An owner or operator of a motor vehicle displaying a special plate or plates for a veteran with a disability issued pursuant to NRS 482.377 may, without displaying a special license plate, placard or sticker issued pursuant to NRS 482.384, park in a parking space designated for persons who are handicapped if:

      (a) The parking is done by a veteran with a disability; or

      (b) A veteran with a disability is a passenger in the motor vehicle being parked.

      3.  An owner or operator of a motor vehicle displaying a special license plate or plates, a special or temporary parking placard or a special or temporary parking sticker that has been issued pursuant to NRS 482.384 shall, if requested by a police officer or a volunteer appointed pursuant to NRS 484B.470, present the authorization letter issued pursuant to subsection 15 of NRS 482.384 so that the police officer or volunteer may view the photograph.

      4.  This section does not authorize the parking of a motor vehicle in any privately or municipally owned facility for parking off the highway without paying the required fee for the time during which the vehicle is so parked.

      Sec. 3. NRS 484B.467 is hereby amended to read as follows:

      484B.467  1.  Any parking space designated for persons who are handicapped must be indicated by a sign:

      (a) Bearing the international symbol of access with or without the words “Parking,” “Handicapped Parking,” “Handicapped Parking Only” or “Reserved for the Handicapped,” or any other word or combination of words indicating that the space is designated for persons who are handicapped;

      (b) Stating “Minimum fine of $250 for use by others” or equivalent words; and

      (c) The bottom of which must be not less than 4 feet above the ground.

      2.  In addition to the requirements of subsection 1, a parking space designated for persons who are handicapped which:

      (a) Is designed for the exclusive use of a vehicle with a side-loading wheelchair lift; and

      (b) Is located in a parking lot with 60 or more parking spaces,

Ê must be indicated by a sign using a combination of words to state that the space is for the exclusive use of a vehicle with a side-loading wheelchair lift.

      3.  If a parking space is designed for the use of a vehicle with a side-loading wheelchair lift, the space which is immediately adjacent and intended for use in the loading and unloading of a wheelchair into or out of such a vehicle must be indicated by a sign:

      (a) Stating “No Parking” or similar words which indicate that parking in such a space is prohibited;

      (b) Stating “Minimum fine of $250 for violation” or similar words indicating that the minimum fine for parking in such a space is $250; and

 


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

ê2015 Statutes of Nevada, Page 481 (Chapter 129, AB 204)ê

 

      (c) The bottom of which must not be less than 4 feet above the ground.

      4.  An owner of private property upon which is located a parking space described in subsection 1, 2 or 3 shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable. If a parking space described in subsection 1, 2 or 3 is located on public property, the governmental entity having control over that public property shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable.

      5.  A person shall not park a vehicle in a space designated for persons who are handicapped by a sign that meets the requirements of subsection 1, whether on public or privately owned property, unless the person is eligible to do so and the vehicle displays:

      (a) A special license plate or plates issued pursuant to NRS 482.384;

      (b) A special or temporary parking placard issued pursuant to NRS 482.384;

      (c) A special or temporary parking sticker issued pursuant to NRS 482.384;

      (d) A special license plate or plates, a special or temporary parking sticker, or a special or temporary parking placard displaying the international symbol of access issued by another state or a foreign country; or

      (e) A special license plate or plates for a veteran with a disability issued pursuant to NRS 482.377.

      6.  Except as otherwise provided in this subsection, a person shall not park a vehicle in a space that is reserved for the exclusive use of a vehicle with a side-loading wheelchair lift and is designated for persons who are handicapped by a sign that meets the requirements of subsection 2, whether on public or privately owned property, unless:

      (a) The person is eligible to do so;

      (b) The vehicle displays the special license plate, plates or placard set forth in subsection 5; and

      (c) The vehicle is equipped with a side-loading wheelchair lift.

Ê A person who meets the requirements of paragraphs (a) and (b) may park a vehicle that is not equipped with a side-loading wheelchair lift in such a parking space if the space is in a parking lot with fewer than 60 parking spaces.

      7.  A person shall not park in a space which:

      (a) Is immediately adjacent to a space designed for use by a vehicle with a side-loading wheelchair lift; and

      (b) Is designated as a space in which parking is prohibited by a sign that meets the requirements of subsection 3,

Ê whether on public or privately owned property.

      8.  A person shall not use a plate, sticker or placard set forth in subsection 5 to park in a space designated for persons who are handicapped unless he or she is a person with a permanent disability, disability of moderate duration or temporary disability, a veteran with a disability or the driver of a vehicle in which any such person is a passenger.

      9.  A person with a permanent disability, disability of moderate duration or temporary disability to whom a:

      (a) Special license plate, or a special or temporary parking sticker, has been issued pursuant to NRS 482.384 shall not allow any other person to park the vehicle or motorcycle displaying the special license plate or special or temporary parking sticker in a space designated for persons who are handicapped unless the person with the permanent disability, disability of moderate duration or temporary disability is a passenger in the vehicle or on the motorcycle, or is being picked up or dropped off by the driver of the vehicle or motorcycle, at the time that the vehicle or motorcycle is parked in the space designated for persons who are handicapped.

 


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

ê2015 Statutes of Nevada, Page 482 (Chapter 129, AB 204)ê

 

or temporary parking sticker in a space designated for persons who are handicapped unless the person with the permanent disability, disability of moderate duration or temporary disability is a passenger in the vehicle or on the motorcycle, or is being picked up or dropped off by the driver of the vehicle or motorcycle, at the time that the vehicle or motorcycle is parked in the space designated for persons who are handicapped.

      (b) Special or temporary parking placard has been issued pursuant to NRS 482.384 shall not allow any other person to park the vehicle which displays the special or temporary parking placard in a space designated for persons who are handicapped unless the person with the permanent disability, disability of moderate duration or temporary disability is a passenger in the vehicle, or is being picked up or dropped off by the driver of the vehicle, at the time that it is parked in the space designated for persons who are handicapped.

      10.  An owner or operator of a motor vehicle displaying a special license plate or plates, a special or temporary parking placard or a special or temporary parking sticker that has been issued pursuant to NRS 482.384 shall, if requested by a police officer or a volunteer appointed pursuant to NRS 484B.470, present the authorization letter issued pursuant to subsection 15 of NRS 482.384 so that the police officer or volunteer may view the photograph.

      11.  A person who violates any of the provisions of subsections 5 to 9, inclusive, is guilty of a misdemeanor and shall be punished:

      (a) Upon the first offense, by a fine of $250.

      (b) Upon the second offense, by a fine of $250 and not less than 8 hours, but not more than 50 hours, of community service.

      (c) Upon the third or subsequent offense, by a fine of not less than $500, but not more than $1,000 and not less than 25 hours, but not more than 100 hours, of community service.

      Sec. 3.5.  As soon as practicable after the passage and approval of this act, upon determining that sufficient resources are available to carry out the amendatory provisions of this act, the Director of the Department of Motor Vehicles shall notify the Governor and the Director of the Legislative Counsel Bureau of that fact, and shall publish on the Internet website of the Department notice to the public of that fact.

      Sec. 4.  This act becomes effective:

      1.  Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and

      2.  For all other purposes, on the date on which the Director of the Department of Motor Vehicles, pursuant to section 3.5 of this act, notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to carry out the amendatory provisions of this act.

________

 


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

ê2015 Statutes of Nevada, Page 483ê

 

CHAPTER 130, AB 227

Assembly Bill No. 227–Committee on Commerce and Labor

 

CHAPTER 130

 

[Approved: May 21, 2015]

 

AN ACT relating to professions; revising provisions governing certain reporting requirements for the Board of Medical Examiners; revising provisions governing the maintenance of the Internet website maintained by the Board of Medical Examiners; revising the requirements for licensure by the Board of Medical Examiners; revising provisions governing certain examinations to determine the competency of a physician, osteopathic physician or physician assistant; authorizing the issuance of a restricted license to practice medicine to a physician licensed in another state under certain circumstances; revising provisions governing disciplinary action or the denial of licensure by the Board of Medical Examiners or the State Board of Osteopathic Medicine; revising the definition of sentinel event for certain purposes; revising provisions governing the summary suspension of a license by the Board of Medical Examiners or the State Board of Osteopathic Medicine; revising certain procedural provisions governing the filing of a formal complaint against a licensee by the Board of Medical Examiners or the State Board of Osteopathic Medicine; revising provisions authorizing the Board of Medical Examiners and the State Board of Osteopathic Medicine to make service of process on a licensee; subjecting licensees of the Board of Medical Examiners and the State Board of Osteopathic Medicine to disciplinary and administrative action for self-reporting a violation of a law, rule or regulation; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law generally provides for the licensure and regulation of physicians, physician assistants, perfusionists and practitioners of respiratory care by the Board of Medical Examiners and of osteopathic physicians and physician assistants by the State Board of Osteopathic Medicine. Existing law further prescribes the powers and duties of each board. (Chapters 630 and 633 of NRS)

      Existing law requires the Board of Medical Examiners to submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature a biennial report compiling disciplinary action taken by the Board in the previous biennium against any physician for malpractice or negligence. (NRS 630.130) Section 1 of this bill requires the Board to include in the biennial report any disciplinary action taken against a physician assistant, perfusionist or practitioner of respiratory care for malpractice or negligence.

      Existing law provides for the maintenance of an Internet website by the Board of Medical Examiners. (NRS 630.144) Section 2 of this bill requires a member or employee of the Board to submit certain information which is proposed for placement on the Internet website to the Executive Director and the Board for approval before placing the information on the Internet website.

      Existing law establishes the requirements for licensure by the Board of Medical Examiners and further authorizes the Board to waive certain requirements for licensure under certain circumstances. (NRS 630.160, 630.263, 630.264) Sections 3, 5 and 6 of this bill authorize the Board to issue a license to certain qualified applicants who have received education or training in a program approved by the Royal College of Physicians and Surgeons of Canada, the Collège des médecins du Québec or the College of Family Physicians of Canada.

 


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

ê2015 Statutes of Nevada, Page 484 (Chapter 130, AB 227)ê

 

applicants who have received education or training in a program approved by the Royal College of Physicians and Surgeons of Canada, the Collège des médecins du Québec or the College of Family Physicians of Canada.

      Existing law authorizes the Board of Medical Examiners and the State Board of Osteopathic Medicine to require a licensee to take an examination to test medical competency under certain circumstances. (NRS 630.257, 630.318, 633.529) Section 4 of this bill authorizes the Board of Medical Examiners to require a licensee to take the examination if the licensee has not engaged in the practice of medicine for a period of more than 24 consecutive months. Sections 12 and 22 of this bill authorize the Board of Medical Examiners and the State Board of Osteopathic Medicine, or an investigative committee of the respective Board, to require a physician, osteopathic physician or physician assistant to undergo an examination to test the competency of the licensee to practice medicine or osteopathic medicine, respectively. Sections 12 and 22 further provide that the testimony or reports of the person conducting the examination are not privileged communications.

      Existing law authorizes the Board of Medical Examiners to issue a restricted license to practice medicine under certain circumstances. (NRS 630.2645) Section 6.3 of this bill authorizes the Board to issue a restricted license to a physician who is licensed in another state.

      Existing law requires each holder of a license to practice medicine to register on or before July 1 of each odd-numbered year and provides that each license issued will expire, if not renewed, on July 1 of each odd-numbered year. (NRS 630.267, 630.2695) Sections 6.5 and 6.7 of this bill revise this date to June 30 of each odd-numbered year.

      Existing law requires each holder of a license to practice medicine or osteopathic medicine to report information concerning certain sentinel events. (NRS 630.30665, 633.524) Sections 11 and 21 of this bill revise the definition of sentinel event to incorporate the most current list of serious reportable events in health care published by the National Quality Forum.

      Existing law provides that certain acts committed by a person licensed by the Board of Medical Examiners or the State Board of Osteopathic Medicine constitute grounds for disciplinary action or denial of licensure by the respective board or criminal prosecution. (NRS 630.306-630.3065, 630.30665, 630.342, 633.041, 633.131, 633.511, 633.524, 633.625) Sections 8-11, 15, 18-21 and 24 of this bill revise these provisions as they relate to the state of mind required for the specified acts to constitute grounds for disciplinary action or prosecution, as applicable.

      Sections 13 and 23 of this bill revise provisions relating to the summary suspension of the license of a physician, perfusionist, physician assistant or practitioner of respiratory care by the Board of Medical Examiners, or the license of an osteopathic physician or physician assistant by the State Board of Osteopathic Medicine, pending the conclusion of a hearing to consider a formal complaint against the licensee. (NRS 630.326, 633.581) Sections 13 and 23 also require the respective Board to reinstate the license of the licensee under certain circumstances.

      Existing law establishes the procedure by which a formal complaint against a physician, perfusionist, physician assistant or practitioner of respiratory care is filed and reviewed by the Board of Medical Examiners. (NRS 630.339) Section 14 of this bill: (1) authorizes the legal counsel for the Board of Medical Examiners to sign a formal complaint; (2) authorizes rather than requires a respondent to file an answer to a formal complaint; and (3) authorizes the Board or an investigative committee of the Board to proceed with adjudicating the complaint if a respondent fails timely to file an answer.

      Existing law provides the manner in which the Board of Medical Examiners and the State Board of Osteopathic Medicine may make service of process upon a licensee. (NRS 630.344, 633.631) Sections 16 and 25 of this bill authorize the Presidents of the Board of Medical Examiners and the State Board of Osteopathic Medicine, respectively, to cause notice of certain actions to be published in certain newspapers if personal service on a licensee cannot be made. Sections 16 and 25 further authorize the respective Board to make service of process on a licensee electronically if the licensee consents to electronic service of process in writing.

 


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

ê2015 Statutes of Nevada, Page 485 (Chapter 130, AB 227)ê

 

further authorize the respective Board to make service of process on a licensee electronically if the licensee consents to electronic service of process in writing.

      Sections 17 and 26 of this bill authorize the Board of Medical Examiners and the State Board of Osteopathic Medicine, respectively, to take administrative or disciplinary action against a licensee for disclosing to or cooperating with a governmental entity with respect to a violation of any law, rule or regulation by the licensee. (NRS 630.364, 633.691)

 

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 630.130 is hereby amended to read as follows:

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

      (a) Enforce the provisions of this chapter;

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

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

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

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

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

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

      (b) Information reported to the Board during the previous biennium pursuant to NRS 630.3067, 630.3068, subsections 3 and 6 of NRS 630.307 and NRS 690B.250 and 690B.260; and

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

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

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

      Sec. 2. NRS 630.144 is hereby amended to read as follows:

      630.144  1.  The Board shall maintain a website on the Internet or its successor.

      2.  Except as otherwise provided in this section, a member or employee of the Board [and its members and employees] shall not place any information on the Internet website maintained by the Board [unless] without the approval of the Executive Director and the Board . [,] A member or employee of the Board shall submit any information proposed to be placed on the Internet website to the Executive Director for approval. Upon approving the proposal, the Executive Director shall present the proposal to the Board for approval at [a regular] its next regularly scheduled meeting .

 


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

ê2015 Statutes of Nevada, Page 486 (Chapter 130, AB 227)ê

 

proposal to the Board for approval at [a regular] its next regularly scheduled meeting . [, approves the placement of the information on the website.]

      3.  The Board shall place on [the] its Internet website, without having to approve the placement at a meeting:

      (a) Each application form for the issuance or renewal of a license issued by the Board pursuant to this chapter.

      (b) A list of questions that are frequently asked concerning the processes of the Board and the answers to those questions.

      (c) An alphabetical list, by last name, of each physician and a brief description of each disciplinary action, if any, taken against the physician, in this State and elsewhere, which relates to the practice of medicine and which is noted in the records of the Board. The Board shall include, as part of the list on the Internet website, the name of each physician whose license has been revoked by the Board. The Board shall make the list on the Internet website easily accessible and user friendly for the public.

      (d) All financial reports received by the Board.

      (e) All financial reports prepared by the Board.

      (f) Any other information that the Board is required to [be placed] place on [the] its Internet website [by] pursuant to any other provision of law.

      Sec. 3. NRS 630.160 is hereby amended to read as follows:

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

      2.  Except as otherwise provided in NRS 630.1605, 630.161 and 630.258 to 630.266, inclusive, a license may be issued to any person who:

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

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

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

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

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

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

             (2) All parts of the Federation Licensing Examination;

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

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

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

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

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

 


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

ê2015 Statutes of Nevada, Page 487 (Chapter 130, AB 227)ê

 

medicine or family practice and who agrees to maintain certification in at least one of these specialties for the duration of the licensure, or:

             (1) Has completed 36 months of progressive postgraduate:

                   (I) Education as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education [or the Coordinating Council of Medical Education of the Canadian Medical Association;] , the Royal College of Physicians and Surgeons of Canada, the Collège des médecins du Québec or the College of Family Physicians of Canada, or their successor organizations; or

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

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

             (3) Is a resident who is enrolled in a progressive postgraduate training program in the United States or Canada approved by the Board, the Accreditation Council for Graduate Medical Education [or the Coordinating Council of Medical Education of the Canadian Medical Association,] , the Royal College of Physicians and Surgeons of Canada, the Collège des médecins du Québec or the College of Family Physicians of Canada, or their successor organizations, has completed at least 24 months of the program and has committed, in writing, to the Board that he or she will complete the program; and

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

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

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

      (a) Temporarily suspend the license;

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

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

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

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

 


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

ê2015 Statutes of Nevada, Page 488 (Chapter 130, AB 227)ê

 

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

             (2) Administering a public reprimand;

             (3) Limiting the practice of the licensee;

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

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

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

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

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

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

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

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

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

      Sec. 4. NRS 630.257 is hereby amended to read as follows:

      630.257  If a licensee does not engage in the practice [allopathic] of medicine for a period of more than [12] 24 consecutive months, the Board may require the licensee to take the same examination to test medical competency as that given to applicants for a license.

      Sec. 5. NRS 630.263 is hereby amended to read as follows:

      630.263  1.  If the Governor determines that there are critically unmet needs with regard to the number of physicians who are practicing a medical specialty within this State, the Governor may declare that a state of critical medical need exists for that medical specialty. The Governor may, but is not required to, limit such a declaration to one or more geographic areas within this State.

      2.  In determining whether there are critically unmet needs with regard to the number of physicians who are practicing a medical specialty, the Governor may consider, without limitation:

      (a) Any statistical data analyzing the number of physicians who are practicing the medical specialty in relation to the total population of this State or any geographic area within this State;

      (b) The demand within this State or any geographic area within this State for the types of services provided by the medical specialty; and

      (c) Any other factors relating to the medical specialty that may adversely affect the delivery of health care within this State or any geographic area within this State.

      3.  If the Governor makes a declaration pursuant to this section, the Board may waive the requirements of paragraph (d) of subsection 2 of NRS 630.160 for an applicant if the applicant:

 


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

ê2015 Statutes of Nevada, Page 489 (Chapter 130, AB 227)ê

 

      (a) Intends to practice medicine in one or more of the medical specialties designated by the Governor in the declaration and, if the Governor has limited the declaration to one or more geographic areas within this State, in one or more of those geographic areas;

      (b) Has completed at least 1 year of training as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education [or the Coordinating Council of Medical Education of the Canadian Medical Association,] , the Royal College of Physicians and Surgeons of Canada, the Collège des médecins du Québec or the College of Family Physicians of Canada, or their successor organizations, respectively;

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

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

      4.  Any license issued pursuant to this section is a restricted license, and the person who holds the restricted license may practice medicine in this State only in the medical specialties and geographic areas for which the restricted license is issued.

      5.  Any person who holds a restricted license issued pursuant to this section and who completes 3 years of full-time practice under the restricted license may apply to the Board for an unrestricted license. In considering an application for an unrestricted license pursuant to this subsection, the Board shall require the applicant to meet all statutory requirements for licensure in effect at the time of application except the requirements of paragraph (d) of subsection 2 of NRS 630.160.

      Sec. 6. NRS 630.264 is hereby amended to read as follows:

      630.264  1.  A board of county commissioners may petition the Board of Medical Examiners to waive the requirements of paragraph (d) of subsection 2 of NRS 630.160 for any applicant intending to practice medicine in a medically underserved area of that county as that term is defined by regulation by the Board of Medical Examiners. The Board of Medical Examiners may waive that requirement and issue a license if the applicant:

      (a) Has completed at least 1 year of training as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education [or the Coordinating Council of Medical Education of the Canadian Medical Association,] , the Royal College of Physicians and Surgeons of Canada, the Collège des médecins du Québec or the College of Family Physicians of Canada, or their successor organizations, respectively;

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

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

      2.  Any person licensed pursuant to subsection 1 must be issued a license to practice medicine in this State restricted to practice in the medically underserved area of the county which petitioned for the waiver only. A person may apply to the Board of Medical Examiners for renewal of that restricted license every 2 years after being licensed.

 


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

ê2015 Statutes of Nevada, Page 490 (Chapter 130, AB 227)ê

 

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

      Sec. 6.3. NRS 630.2645 is hereby amended to read as follows:

      630.2645  1.  Except as otherwise provided in NRS 630.161, the Board may issue a restricted license to teach, research or practice medicine to a person if:

      (a) The person:

             (1) Submits to the Board:

                   (I) Proof that the person is a graduate of a foreign medical school, as provided in NRS 630.195 [;] , or a physician who has previously been issued an unrestricted license to practice medicine in any state of the United States and that the physician has never been the subject of disciplinary action by a medical board in any jurisdiction;

                   (II) Proof that the person teaches, researches or practices medicine ; [outside the United States;] and

                   (III) Any other documentation or proof of qualifications required by the Board; and

             (2) Intends to teach, research or practice medicine at a medical facility, medical research facility or medical school in this State.

      (b) Any other documentation or proof of qualifications required by the Board is authenticated in a manner approved by the Board.

      2.  A person who applies for a restricted license pursuant to this section is not required to take or pass a written examination concerning his or her qualifications to practice medicine.

      3.  A person who holds a restricted license issued pursuant to this section may practice medicine in this State only in accordance with the terms and restrictions established by the Board.

      4.  If a person who holds a restricted license issued pursuant to this section ceases to teach, research or practice medicine in this State at the medical facility, medical research facility or medical school where the person is employed:

      (a) The medical facility, medical research facility or medical school, as applicable, shall notify the Board; and

      (b) Upon receipt of such notification, the restricted license expires automatically.

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

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

      7.  A restricted license to teach, research or practice medicine may be issued, renewed or modified at a meeting of the Board or between its meetings by the President and the Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

 


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

ê2015 Statutes of Nevada, Page 491 (Chapter 130, AB 227)ê

 

      Sec. 6.5. NRS 630.267 is hereby amended to read as follows:

      630.267  1.  Each holder of a license to practice medicine must, on or before [July 1,] June 30, or if [July 1] June 30 is a Saturday, Sunday or legal holiday, on the next business day after [July 1,] June 30, of each odd-numbered year:

      (a) Submit a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against him or her during the previous 2 years.

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

      (c) Submit all information required to complete the biennial registration.

      2.  When a holder of a license fails to pay the fee for biennial registration and submit all information required to complete the biennial registration after they become due, his or her license to practice medicine in this State expires. The holder may, within 2 years after the date the license expires, upon payment of twice the amount of the current fee for biennial registration to the Secretary-Treasurer and submission of all information required to complete the biennial registration and after he or she is found to be in good standing and qualified under the provisions of this chapter, be reinstated to practice.

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

      (a) At least once that the fee for biennial registration and all information required to complete the biennial registration are due; and

      (b) That his or her license has expired.

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

      Sec. 6.7. NRS 630.2695 is hereby amended to read as follows:

      630.2695  1.  Each license issued pursuant to NRS 630.2694 expires on [July 1,] June 30, or if [July 1] June 30 is a Saturday, Sunday or legal holiday, on the next business day after [July 1,] June 30, of every odd-numbered year and may be renewed if, before the license expires, the holder of the license submits to the Board:

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

      (b) Proof of completion of the requirements for continuing education prescribed by regulations adopted by the Board pursuant to NRS 630.269; and

      (c) The applicable fee for renewal of the license prescribed by the Board pursuant to NRS 630.2691.

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

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

      (b) Submits to the Board the fees:

             (1) For the reinstatement of an expired license, prescribed by regulations adopted by the Board pursuant to NRS 630.269; and

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

 


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

ê2015 Statutes of Nevada, Page 492 (Chapter 130, AB 227)ê

 

      3.  If a license has been expired for more than 2 years, a person may not renew or reinstate the license but must apply for a new license and submit to the examination required pursuant to NRS 630.2692.

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

      Sec. 7. NRS 630.277 is hereby amended to read as follows:

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

      (a) Have:

             (1) A high school diploma; or

             (2) A general equivalency diploma or an equivalent document;

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

      (c) Pass the examination as an entry-level or advanced practitioner of respiratory care administered by the National Board for Respiratory Care or its successor organization;

      (d) Be certified by the National Board for Respiratory Care or its successor organization; and

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

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

      (a) Practice respiratory care; or

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

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

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

      Sec. 8. NRS 630.306 is hereby amended to read as follows:

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

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

      2.  Engaging in any conduct:

      (a) Which is intended to deceive;

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

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

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

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

 


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

ê2015 Statutes of Nevada, Page 493 (Chapter 130, AB 227)ê

 

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

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

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

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

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

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

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

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

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

      14.  Operation of a medical facility at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

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

      15.  Failure to comply with the requirements of NRS 630.373.

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

      17.  Knowingly or willfully procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

      (a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

      (b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

      (c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.

      18.  Failure to supervise adequately a medical assistant pursuant to the regulations of the Board.

      Sec. 9. NRS 630.3062 is hereby amended to read as follows:

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

 


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

ê2015 Statutes of Nevada, Page 494 (Chapter 130, AB 227)ê

 

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

      2.  Altering medical records of a patient.

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

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

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

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

      Sec. 10. NRS 630.3065 is hereby amended to read as follows:

      630.3065  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      1.  [Willful disclosure of] Knowingly or willfully disclosing a communication privileged pursuant to a statute or court order.

      2.  [Willful failure] Knowingly or willfully failing to comply with:

      (a) A regulation, subpoena or order of the Board or a committee designated by the Board to investigate a complaint against a physician;

      (b) A court order relating to this chapter; or

      (c) A provision of this chapter.

      3.  [Willful failure] Knowingly or willfully failing to perform a statutory or other legal obligation imposed upon a licensed physician, including a violation of the provisions of NRS 439B.410.

      Sec. 11. NRS 630.30665 is hereby amended to read as follows:

      630.30665  1.  The Board shall require each holder of a license to practice medicine to submit to the Board, on a form provided by the Board, a report stating the number and type of surgeries requiring conscious sedation, deep sedation or general anesthesia performed by the holder of the license at his or her office or any other facility, excluding any surgical care performed:

      (a) At a medical facility as that term is defined in NRS 449.0151; or

      (b) Outside of this State.

      2.  In addition to the report required pursuant to subsection 1, the Board shall require each holder of a license to practice medicine to submit a report to the Board concerning the occurrence of any sentinel event arising from any surgery described in subsection 1. The report must be submitted in the manner prescribed by the Board which must be substantially similar to the manner prescribed by the State Board of Health for reporting information pursuant to NRS 439.835.

      3.  Each holder of a license to practice medicine shall submit the reports required pursuant to subsections 1 and 2:

      (a) At the time the holder of a license renews his or her license; and

      (b) Whether or not the holder of the license performed any surgery described in subsection 1. Failure to submit a report or knowingly or willfully filing false information in a report constitutes grounds for initiating disciplinary action pursuant to subsection 9 of NRS 630.306.

      4.  In addition to the reports required pursuant to subsections 1 and 2, the Board shall require each holder of a license to practice medicine to submit a report to the Board concerning the occurrence of any sentinel event arising from any surgery described in subsection 1 within 14 days after the occurrence of the sentinel event.

 


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

ê2015 Statutes of Nevada, Page 495 (Chapter 130, AB 227)ê

 

arising from any surgery described in subsection 1 within 14 days after the occurrence of the sentinel event. The report must be submitted in the manner prescribed by the Board.

      5.  The Board shall:

      (a) Collect and maintain reports received pursuant to subsections 1, 2 and 4;

      (b) Ensure that the reports, and any additional documents created from the reports, are protected adequately from fire, theft, loss, destruction and other hazards, and from unauthorized access; and

      (c) Submit to the Division of Public and Behavioral Health a copy of the report submitted pursuant to subsection 1. The Division shall maintain the confidentiality of such reports in accordance with subsection 6.

      6.  Except as otherwise provided in NRS 239.0115, a report received pursuant to subsection 1, 2 or 4 is confidential, not subject to subpoena or discovery, and not subject to inspection by the general public.

      7.  The provisions of this section do not apply to surgical care requiring only the administration of oral medication to a patient to relieve the patient’s anxiety or pain, if the medication is not given in a dosage that is sufficient to induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.

      8.  In addition to any other remedy or penalty, if a holder of a license to practice medicine fails to submit a report or knowingly or willfully files false information in a report submitted pursuant to this section, the Board may, after providing the holder of a license to practice medicine with notice and opportunity for a hearing, impose against the holder of a license to practice medicine an administrative penalty for each such violation. The Board shall establish by regulation a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the holder of the license pursuant to this subsection. The regulations must include standards for determining the severity of the violation and may provide for a more severe penalty for multiple violations.

      9.  As used in this section:

      (a) “Conscious sedation” has the meaning ascribed to it in NRS 449.436.

      (b) “Deep sedation” has the meaning ascribed to it in NRS 449.437.

      (c) “General anesthesia” has the meaning ascribed to it in NRS 449.438.

      (d) “Sentinel event” [means an unexpected occurrence involving death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of serious adverse outcome. The term includes loss of limb or function.] has the meaning ascribed to it in NRS 439.830.

      Sec. 12. NRS 630.318 is hereby amended to read as follows:

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

 


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

ê2015 Statutes of Nevada, Page 496 (Chapter 130, AB 227)ê

 

competence to practice medicine [by physicians] or any other [examinations] examination designated by the Board to assist the Board or committee in determining the fitness of the physician to practice medicine.

      2.  For the purposes of this section:

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

      (b) The testimony or reports of [the examining physicians] a person who conducts an examination of a physician on behalf of the Board or an investigative committee of the Board pursuant to this section are not privileged communications.

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

      Sec. 13. NRS 630.326 is hereby amended to read as follows:

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

      2.  If the Board or an investigative committee of the Board issues an order summarily suspending the license of a physician, perfusionist, physician assistant or practitioner of respiratory care pursuant to subsection 1, the Board shall hold a hearing [regarding the matter] not later than [45] 60 days after the date on which the [Board issues the order summarily suspending the license] order is issued, unless the Board and the licensee mutually agree to a longer period [.] , to determine whether a reasonable basis exists to continue the suspension of the license pending the conclusion of a hearing to consider a formal complaint against the licensee. If no formal complaint against the licensee is pending before the Board on the date on which a hearing is held pursuant to this section, the Board shall reinstate the license of the licensee.

      3.  If the Board or an investigative committee of the Board issues an order summarily suspending the license of a [physician, perfusionist, physician assistant or practitioner of respiratory care pending proceedings for disciplinary action] licensee pursuant to subsection 1 and the Board requires the [physician, perfusionist, physician assistant or practitioner of respiratory care] licensee to submit to a mental or physical examination or an examination testing his or her competence to practice, the examination must be conducted and the results obtained not later than [60] 30 days after the [Board issues its] order [.] is issued.

 


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

ê2015 Statutes of Nevada, Page 497 (Chapter 130, AB 227)ê

 

      Sec. 14. NRS 630.339 is hereby amended to read as follows:

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

      2.  The respondent [shall] may file an answer to the formal complaint within 20 days after service of the complaint upon the respondent. [The] An answer must state in concise and plain language the respondent’s defenses to each charge set forth in the complaint and must admit or deny the averments stated in the complaint. If a party fails to file an answer within the time prescribed, the party shall be deemed to have denied generally the allegations of the formal complaint [.] and the Board or an investigative committee of the Board may proceed pursuant to this section in the same manner as if the answer were timely filed.

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

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

      (b) Set dates:

             (1) By which all documents must be exchanged;

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

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

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

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

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

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

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

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

      (a) The Board;

      (b) A hearing officer;

 


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

ê2015 Statutes of Nevada, Page 498 (Chapter 130, AB 227)ê

 

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

      (d) A panel of members of the Board designated by an investigative committee of the Board or the Board;

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

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

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

      (a) Conduct the hearing;

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

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

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

      Sec. 15. NRS 630.342 is hereby amended to read as follows:

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

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

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

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

      (b) A violation of NRS 630.400.

      Sec. 16. NRS 630.344 is hereby amended to read as follows:

      630.344  1.  Except as otherwise provided in subsection 2, service of process under this chapter must be made on a licensee personally, or by registered or certified mail with return receipt requested addressed to the licensee at his or her last known address. If personal service cannot be made and if notice by mail is returned undelivered, the President or Secretary-Treasurer of the Board shall cause notice to be published once a week for 4 consecutive weeks in a newspaper published in the county of the last known address of the licensee or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.

 


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

ê2015 Statutes of Nevada, Page 499 (Chapter 130, AB 227)ê

 

      2.  In lieu of the methods of service of process set forth in subsection 1, if the Board obtains written consent from the licensee, service of process under this chapter may be made by electronic mail on [a] the licensee [who engages in the practice of medicine as described in subsection 3 of NRS 630.020.] at an electronic mail address designated by the licensee in the written consent.

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

      Sec. 17. NRS 630.364 is hereby amended to read as follows:

      630.364  1.  Any person or organization who furnishes information concerning an applicant for a license or a licensee in good faith in accordance with the provisions of this chapter is immune from any civil action for furnishing that information.

      2.  The Board and any of its members and its staff, counsel, investigators, experts, peer reviewers, committees, panels, hearing officers, consultants and the employees or volunteers of a diversion program are immune from any civil liability for:

      (a) Any decision or action taken in good faith in response to information acquired by the Board.

      (b) Disseminating information concerning an applicant for a license or a licensee to other boards or agencies of the State, the Attorney General, any hospitals, medical societies, insurers, employers, patients and their families or any law enforcement agency.

      3.  [The] Except as otherwise provided in subsection 4, the Board shall not commence an investigation, impose any disciplinary action or take any other adverse action against a physician for:

      (a) Disclosing to a governmental entity a violation of any law, rule or regulation by an applicant for a license to practice medicine or by a physician; or

      (b) Cooperating with a governmental entity that is conducting an investigation, hearing or inquiry into such a violation, including, without limitation, providing testimony concerning the violation.

      4.  A physician who discloses information to or cooperates with a governmental entity pursuant to subsection 3 with respect to the violation of any law, rule or regulation by the physician is subject to investigation and any other administrative or disciplinary action by the Board under the provisions of this chapter for such violation.

      5.  As used in this section:

      (a) “Diversion program” means a program approved by the Board to correct a licensee’s alcohol or drug dependence or any other impairment.

      (b) “Governmental entity” includes, without limitation:

             (1) A federal, state or local officer, employee, agency, department, division, bureau, board, commission, council, authority or other subdivision or entity of a public employer;

             (2) A federal, state or local employee, committee, member or commission of the Legislative Branch of Government;

             (3) A federal, state or local representative, member or employee of a legislative body or a county, town, village or any other political subdivision or civil division of the State;

             (4) A federal, state or local law enforcement agency or prosecutorial office, or any member or employee thereof, or police or peace officer; and

 


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

ê2015 Statutes of Nevada, Page 500 (Chapter 130, AB 227)ê

 

             (5) A federal, state or local judiciary, or any member or employee thereof, or grand or petit jury.

      Sec. 18. NRS 633.041 is hereby amended to read as follows:

      633.041  “Gross malpractice” means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:

      1.  Performing surgery upon or otherwise ministering to a patient while the osteopathic physician is under the influence of alcohol or any controlled substance;

      2.  Gross negligence;

      3.  [Willful] Knowing or willful disregard of established medical procedures; or

      4.  [Willful] Knowing or willful and consistent use of medical procedures, services or treatment considered by osteopathic physicians in the community to be inappropriate or unnecessary in the cases where used.

      Sec. 19. NRS 633.131 is hereby amended to read as follows:

      633.131  1.  “Unprofessional conduct” includes:

      (a) [Willfully] Knowingly or willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice osteopathic medicine or to practice as a physician assistant, or in applying for the renewal of a license to practice osteopathic medicine or to practice as a physician assistant.

      (b) Failure of a person who is licensed to practice osteopathic medicine to identify himself or herself professionally by using the term D.O., osteopathic physician, doctor of osteopathy or a similar term.

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

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

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

      (f) Engaging in any:

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

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

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

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

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

      (j) [Willful disclosure of] Knowingly or willfully disclosing a communication privileged pursuant to a statute or court order.

 


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

ê2015 Statutes of Nevada, Page 501 (Chapter 130, AB 227)ê

 

      (k) [Willful disobedience of the] Knowingly or willfully disobeying regulations of the State Board of Health, the State Board of Pharmacy or the State Board of Osteopathic Medicine.

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

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

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

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

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

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

      (r) Providing false, misleading or deceptive information to the Board in connection with an investigation conducted by the Board.

      2.  It is not unprofessional conduct:

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

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

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

      Sec. 20. NRS 633.511 is hereby amended to read as follows:

      633.511  The grounds for initiating disciplinary action pursuant to this chapter are:

      1.  Unprofessional conduct.

      2.  Conviction of:

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

      (b) A felony relating to the practice of osteopathic medicine or practice as a physician assistant;

      (c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

      (d) Murder, voluntary manslaughter or mayhem;

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

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

 


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

ê2015 Statutes of Nevada, Page 502 (Chapter 130, AB 227)ê

 

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

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

      (i) Any offense involving moral turpitude.

      3.  The suspension of a license to practice osteopathic medicine or to practice as a physician assistant by any other jurisdiction.

      4.  Malpractice or gross malpractice, which may be evidenced by a claim of malpractice settled against a licensee.

      5.  Professional incompetence.

      6.  Failure to comply with the requirements of NRS 633.527.

      7.  Failure to comply with the requirements of subsection 3 of NRS 633.471.

      8.  Failure to comply with the provisions of NRS 633.694.

      9.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

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

      10.  Failure to comply with the provisions of subsection 2 of NRS 633.322.

      11.  Signing a blank prescription form.

      12.  Knowingly or willfully procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

      (a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

      (b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

      (c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.

      13.  Attempting, directly or indirectly, by intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.

      14.  Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient.

      15.  In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the licensee knows to be false, failing to file a record or report that is required by law or knowingly or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.

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

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

 


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

ê2015 Statutes of Nevada, Page 503 (Chapter 130, AB 227)ê

 

or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.

      18.  Engaging in any act that is unsafe in accordance with regulations adopted by the Board.

      19.  Failure to comply with the provisions of NRS 633.165.

      20.  Failure to supervise adequately a medical assistant pursuant to the regulations of the Board.

      Sec. 21. NRS 633.524 is hereby amended to read as follows:

      633.524  1.  The Board shall require each holder of a license to practice osteopathic medicine issued pursuant to this chapter to submit to the Board, on a form provided by the Board, and in the format required by the Board by regulation, a report stating the number and type of surgeries requiring conscious sedation, deep sedation or general anesthesia performed by the holder of the license at his or her office or any other facility, excluding any surgical care performed:

      (a) At a medical facility as that term is defined in NRS 449.0151; or

      (b) Outside of this State.

      2.  In addition to the report required pursuant to subsection 1, the Board shall require each holder of a license to practice osteopathic medicine to submit a report to the Board concerning the occurrence of any sentinel event arising from any surgery described in subsection 1. The report must be submitted in the manner prescribed by the Board which must be substantially similar to the manner prescribed by the State Board of Health for reporting information pursuant to NRS 439.835.

      3.  Each holder of a license to practice osteopathic medicine shall submit the reports required pursuant to subsections 1 and 2:

      (a) At the time the holder of the license renews his or her license; and

      (b) Whether or not the holder of the license performed any surgery described in subsection 1. Failure to submit a report or knowingly or willfully filing false information in a report constitutes grounds for initiating disciplinary action pursuant to NRS 633.511.

      4.  In addition to the reports required pursuant to subsections 1 and 2, the Board shall require each holder of a license to practice osteopathic medicine to submit a report to the Board concerning the occurrence of any sentinel event arising from any surgery described in subsection 1 within 14 days after the occurrence of the sentinel event. The report must be submitted in the manner prescribed by the Board.

      5.  The Board shall:

      (a) Collect and maintain reports received pursuant to subsections 1, 2 and 4;

      (b) Ensure that the reports, and any additional documents created from the reports, are protected adequately from fire, theft, loss, destruction and other hazards, and from unauthorized access; and

      (c) Submit to the Division of Public and Behavioral Health a copy of the report submitted pursuant to subsection 1. The Division shall maintain the confidentiality of such reports in accordance with subsection 6.

      6.  Except as otherwise provided in NRS 239.0115, a report received pursuant to subsection 1, 2 or 4 is confidential, not subject to subpoena or discovery, and not subject to inspection by the general public.

      7.  The provisions of this section do not apply to surgical care requiring only the administration of oral medication to a patient to relieve the patient’s anxiety or pain, if the medication is not given in a dosage that is sufficient to induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.

 


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

ê2015 Statutes of Nevada, Page 504 (Chapter 130, AB 227)ê

 

induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.

      8.  In addition to any other remedy or penalty, if a holder of a license to practice osteopathic medicine fails to submit a report or knowingly or willfully files false information in a report submitted pursuant to this section, the Board may, after providing the holder of a license to practice osteopathic medicine with notice and opportunity for a hearing, impose against the holder of a license an administrative penalty for each such violation. The Board shall establish by regulation a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the holder of the license to practice osteopathic medicine. The regulations must include standards for determining the severity of the violation and may provide for a more severe penalty for multiple violations.

      9.  As used in this section:

      (a) “Conscious sedation” has the meaning ascribed to it in NRS 449.436.

      (b) “Deep sedation” has the meaning ascribed to it in NRS 449.437.

      (c) “General anesthesia” has the meaning ascribed to it in NRS 449.438.

      (d) “Sentinel event” [means an unexpected occurrence involving death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of serious adverse outcome. The term includes loss of limb or function.] has the meaning ascribed to it in NRS 439.830.

      Sec. 22. NRS 633.529 is hereby amended to read as follows:

      633.529  1.  Notwithstanding the provisions of chapter 622A of NRS, if the Board or an investigative committee of the Board receives a report pursuant to the provisions of NRS 633.526, 633.527, 690B.250 or 690B.260 indicating that a judgment has been rendered or an award has been made against an osteopathic physician or physician assistant regarding an action or claim for malpractice, or that such an action or claim against the osteopathic physician or physician assistant has been resolved by settlement, the Board or committee may order the osteopathic physician or physician assistant to undergo a mental or physical examination or any other examination designated by the Board to test his or her competence to practice osteopathic medicine or to practice as a physician assistant, as applicable. An examination conducted pursuant to this subsection must be conducted by [osteopathic physicians] a person designated by the Board.

      2.  For the purposes of this section:

      (a) An osteopathic physician or physician assistant who applies for a license or who holds a license under this chapter is deemed to have given consent to submit to a mental or physical examination or an examination testing his or her competence to practice osteopathic medicine or to practice as a physician assistant, as applicable, pursuant to a written order by the Board.

      (b) The testimony or reports of [the examining osteopathic physician] a person who conducts an examination of an osteopathic physician or physician assistant on behalf of the Board pursuant to this section are not privileged communications.

      Sec. 23. NRS 633.581 is hereby amended to read as follows:

      633.581  1.  If an investigation by the Board of an osteopathic physician or physician assistant reasonably determines that the health, safety or welfare of the public or any patient served by the osteopathic physician or physician assistant is at risk of imminent or continued harm, the Board may summarily suspend the license of the [osteopathic physician or physician assistant.]

 


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

ê2015 Statutes of Nevada, Page 505 (Chapter 130, AB 227)ê

 

physician assistant is at risk of imminent or continued harm, the Board may summarily suspend the license of the [osteopathic physician or physician assistant.] licensee pending the conclusion of a hearing to consider a formal complaint against the licensee. The order of summary suspension may be issued only by the Board [,] or an investigative committee of the Board . [or the Executive Director of the Board after consultation with the President, Vice President or Secretary-Treasurer of the Board.]

      2.  If the Board or an investigative committee of the Board issues an order summarily suspending the license of [an osteopathic physician or physician assistant] a licensee pursuant to subsection 1, the Board shall hold a hearing [regarding the matter] not later than [45] 60 days after the date on which the [Board issues the order summarily suspending the license] order is issued, unless the Board and the licensee mutually agree to a longer period [.] , to determine whether a reasonable basis exists to continue the suspension of the license pending the conclusion of a hearing to consider a formal complaint against the licensee. If no formal complaint against the licensee is pending before the Board on the date on which a hearing is held pursuant to this section, the Board shall reinstate the license of the licensee.

      3.  Notwithstanding the provisions of chapter 622A of NRS, if the Board or an investigative committee of the Board issues an order summarily suspending the license of an osteopathic physician or physician assistant [pending a proceeding for disciplinary action] pursuant to subsection 1 and the Board requires the [osteopathic physician or physician assistant] licensee to submit to a mental or physical examination or a medical competency examination, the examination must be conducted and the results must be obtained not later than [60] 30 days after the [Board issues the] order [.] is issued.

      Sec. 24. NRS 633.625 is hereby amended to read as follows:

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

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

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

      (a) An act that is a ground for disciplinary action pursuant to NRS 633.511; or

      (b) A felony set forth in NRS 633.741.

      Sec. 25. NRS 633.631 is hereby amended to read as follows:

      633.631  Except as otherwise provided in subsection 2 and chapter 622A of NRS:

      1.  Service of process made under this chapter must be either personal or by registered or certified mail with return receipt requested, addressed to the osteopathic physician or physician assistant at his or her last known address, as indicated in the records of the Board. If personal service cannot be made and if mail notice is returned undelivered, the President or Secretary of the Board shall cause a notice of hearing to be published once a week for 4 consecutive weeks in a newspaper published in the county of the last known address of the osteopathic physician or physician assistant or, if no newspaper is published in that county, in a newspaper widely distributed in that county.

 


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

ê2015 Statutes of Nevada, Page 506 (Chapter 130, AB 227)ê

 

and if mail notice is returned undelivered, the President or Secretary of the Board shall cause a notice of hearing to be published once a week for 4 consecutive weeks in a newspaper published in the county of the last known address of the osteopathic physician or physician assistant or, if no newspaper is published in that county, in a newspaper widely distributed in that county.

      2.  In lieu of the methods of service of process set forth in subsection 1, if the Board obtains written consent from the osteopathic physician or physician assistant, service of process under this chapter may be made by electronic mail on the licensee at an electronic mail address designated by the licensee in the written consent.

      3.  Proof of service of process or publication of notice made under this chapter must be filed with the Secretary of the Board and [must] may be recorded in the minutes of the Board.

      Sec. 26. NRS 633.691 is hereby amended to read as follows:

      633.691  1.  In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Board, a medical review panel of a hospital, a hearing officer, a panel of the Board, an employee or volunteer of a diversion program specified in NRS 633.561, or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of an osteopathic physician or physician assistant for gross malpractice, malpractice, professional incompetence or unprofessional conduct is immune from any civil action for such initiation or assistance or any consequential damages, if the person or organization acted in good faith.

      2.  [The] Except as otherwise provided in subsection 3, the Board shall not commence an investigation, impose any disciplinary action or take any other adverse action against an osteopathic physician or physician assistant for:

      (a) Disclosing to a governmental entity a violation of a law, rule or regulation by an applicant for a license to practice osteopathic medicine or to practice as a physician assistant, or by an osteopathic physician or physician assistant; or

      (b) Cooperating with a governmental entity that is conducting an investigation, hearing or inquiry into such a violation, including, without limitation, providing testimony concerning the violation.

      3.  An osteopathic physician or physician assistant who discloses information to or cooperates with a governmental entity pursuant to subsection 2 with respect to the violation of any law, rule or regulation by the osteopathic physician or physician assistant is subject to investigation and any other administrative or disciplinary action by the Board under the provisions of this chapter for such violation.

      4.  As used in this section, “governmental entity” includes, without limitation:

      (a) A federal, state or local officer, employee, agency, department, division, bureau, board, commission, council, authority or other subdivision or entity of a public employer;

      (b) A federal, state or local employee, committee, member or commission of the Legislative Branch of Government;

      (c) A federal, state or local representative, member or employee of a legislative body or a county, town, village or any other political subdivision or civil division of the State;

 


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

ê2015 Statutes of Nevada, Page 507 (Chapter 130, AB 227)ê

 

      (d) A federal, state or local law enforcement agency or prosecutorial office, or any member or employee thereof, or police or peace officer; and

      (e) A federal, state or local judiciary, or any member or employee thereof, or grand or petit jury.

      Sec. 27.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

________

CHAPTER 131, AB 231

Assembly Bill No. 231–Assemblyman Oscarson

 

CHAPTER 131

 

[Approved: May 21, 2015]

 

AN ACT relating to chiropractic; authorizing the President, or a designated member, of the Chiropractic Physicians’ Board of Nevada to require certain chiropractic physicians or chiropractor’s assistants to submit to a mental or physical examination under certain circumstances; providing that the results of such an examination or the details of a chiropractic physician or chiropractor’s assistant’s participation in a diversion program to address alcohol or drug misuse may be exchanged with the Board; revising the unprofessional conduct for which a practitioner of chiropractic may be subject to discipline; revising the requirements for a license to practice chiropractic; providing a waiver of fees for certain applicants for a temporary license to practice chiropractic; revising the requirements for the reinstatement of a license to practice chiropractic; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the licensing, certification and regulation of practitioners of chiropractic. (Chapter 634 of NRS) Existing law also authorizes the various licensing boards for physicians, homeopathic physicians, osteopathic physicians, veterinary practitioners and certain therapists and counselors to require a licensee to submit to a mental or physical examination if the licensee’s competence is questioned. (NRS 630.318, 630A.420, 633.561, 638.142, 641A.315) Section 1 of this bill authorizes the President, or a designated member, of the Chiropractic Physicians’ Board of Nevada to require that a licensed chiropractic physician or certified chiropractor’s assistant submit to a mental or physical examination if his or her competence is questioned. Section 1 also provides that the results of such an examination or of a diversion program for the treatment of alcohol or drug misuse by the person are not privileged. Existing law defines the term “unprofessional conduct” for which a practitioner of chiropractic may be subject to discipline. (NRS 634.018) Section 2 of this bill revises this definition by: (1) expanding the types of misleading public communications to include letterhead and electronic communications, such as social media and Internet websites; and (2) changing repeated malpractice as a grounds for discipline to any single incident of malpractice. Existing law enumerates the requirements for a license to practice chiropractic. (NRS 634.090) Section 3 of this bill revises those requirements to include chiropractic training and education from certain foreign schools under certain circumstances. Existing law requires an applicant for a temporary license to practice chiropractic to pay an application fee. (NRS 634.115) Section 4 of this bill waives the application fee for an applicant for a temporary license who applies for a temporary license solely to provide chiropractic services to a patient in this State without remuneration.

 


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

ê2015 Statutes of Nevada, Page 508 (Chapter 131, AB 231)ê

 

temporary license who applies for a temporary license solely to provide chiropractic services to a patient in this State without remuneration. Section 5 of this bill revises the date by which the fee for renewal of a license or certificate must be paid. Section 6 of this bill requires a licensee whose license has expired and who is applying to reinstate the license to submit a set of his or her fingerprints and pay a fee for the processing of the fingerprints.

 

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 634 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the President or a member of the Board designated to review a complaint pursuant to NRS 634.170 has reason to believe that the conduct of a chiropractic physician or chiropractor’s assistant has raised a reasonable question as to his or her competence to practice as a chiropractic physician or as a chiropractor’s assistant, as applicable, with reasonable skill and safety to patients, the President or the member of the Board designated by the President may require the chiropractic physician or chiropractor’s assistant to submit to a mental or physical examination conducted by the appropriate medical providers designated by the Board. The Board shall pay the costs of any examination required pursuant to this subsection.

      2.  If the chiropractic physician or chiropractor’s assistant participates in a diversion program, the diversion program may exchange with any authorized member of the staff of the Board any information concerning the recovery and participation of the chiropractic physician or chiropractor’s assistant in the diversion program. As used in this subsection, “diversion program” means a program approved by the Board to correct a chiropractic physician or chiropractor’s assistant’s alcohol or drug dependence or any other impairment.

      3.  For the purposes of this section:

      (a) A chiropractic physician who is licensed or a chiropractor’s assistant who is certified under this chapter and who accepts the privilege of practicing chiropractic or practicing as a chiropractor’s assistant in this State is deemed to have given consent to submit to a mental or physical examination pursuant to a written order by the President or member of the Board designated to review a complaint.

      (b) The testimony or examination reports of the examining medical provider are not privileged communications.

      4.  Except in extraordinary circumstances, as determined by the Board, the failure of a chiropractic physician who is licensed or a chiropractor’s assistant who is certified under this chapter to submit to an examination pursuant to this section constitutes an admission of the charges against the chiropractic physician or chiropractic assistant.

      Sec. 2. NRS 634.018 is hereby amended to read as follows:

      634.018  “Unprofessional conduct” means:

      1.  Obtaining a certificate upon fraudulent credentials or gross misrepresentation.

      2.  Procuring, or aiding or abetting in procuring, criminal abortion.

 


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

ê2015 Statutes of Nevada, Page 509 (Chapter 131, AB 231)ê

 

      3.  Assuring that a manifestly incurable disease can be permanently cured.

      4.  Advertising, by any form of public communication, a chiropractic practice:

      (a) Using grossly improbable statements; or

      (b) In any manner that will tend to deceive, defraud or mislead the public.

Ê As used in this subsection, “public communication” includes, but is not limited to, communications by means of television, radio, motion pictures, Internet websites, electronic mail, social media accounts and newspapers, books , [and] periodicals, [motion picture,] handbills [or] , letterhead and other printed matter.

      5.  Willful disobedience of the law, or of the regulations of the State Board of Health or of the Chiropractic Physicians’ Board of Nevada.

      6.  Conviction of any offense involving moral turpitude, or the conviction of a felony. The record of the conviction is conclusive evidence of unprofessional conduct.

      7.  Administering, dispensing or prescribing any controlled substance.

      8.  Conviction or violation of any federal or state law regulating the possession, distribution or use of any controlled substance. The record of conviction is conclusive evidence of unprofessional conduct.

      9.  Habitual intemperance or excessive use of alcohol or alcoholic beverages or any controlled substance.

      10.  Conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.

      11.  Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or the regulations adopted by the Board, or any other statute or regulation pertaining to the practice of chiropractic.

      12.  Employing, directly or indirectly, any suspended or unlicensed practitioner in the practice of any system or mode of treating the sick or afflicted, or the aiding or abetting of any unlicensed person to practice chiropractic under this chapter.

      13.  [Repeated malpractice,] Malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

      14.  Solicitation by the licensee or the licensee’s designated agent of any person who, at the time of the solicitation, is vulnerable to undue influence, including, without limitation, any person known by the licensee to have recently been involved in a motor vehicle accident, involved in a work-related accident, or injured by, or as the result of the actions of, another person. As used in this subsection:

      (a) “Designated agent” means a person who renders service to a licensee on a contract basis and is not an employee of the licensee.

      (b) “Solicitation” means the attempt to acquire a new patient through information obtained from a law enforcement agency, medical facility or the report of any other party, which information indicates that the potential new patient may be vulnerable to undue influence, as described in this subsection.

      15.  Employing, directly or indirectly, any person as a chiropractor’s assistant unless the person has been issued a certificate by the Board pursuant to NRS 634.123, or has applied for such a certificate and is awaiting the determination of the Board concerning the application.

 


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

ê2015 Statutes of Nevada, Page 510 (Chapter 131, AB 231)ê

 

      16.  Aiding, abetting, commanding, counseling, encouraging, inducing or soliciting an insurer or other third-party payor to reduce or deny payment or reimbursement for the care or treatment of a patient, unless such action is supported by:

      (a) The medical records of the patient; or

      (b) An examination of the patient by the chiropractic physician taking such action.

      17.  Violating a lawful order of the Board, a lawful agreement with the Board, or any of the provisions of this chapter or any regulation adopted pursuant thereto.

      18.  Practicing below the standard of care required from a chiropractic physician or chiropractor’s assistant under the circumstances.

      Sec. 3. NRS 634.090 is hereby amended to read as follows:

      634.090  1.  An applicant must, in addition to the requirements of NRS 634.070 and 634.080, furnish satisfactory evidence to the Board:

      (a) That the applicant is of good moral character;

      (b) Except as otherwise provided in [subsection] subsections 2 [,] and 5, not less than 60 days before the date of the examination, that the applicant has a high school education and is a graduate from a college of chiropractic which is accredited by the Council on Chiropractic Education or which has a reciprocal agreement with the Council on Chiropractic Education or any governmental accrediting agency, whose minimum course of study leading to the degree of doctor of chiropractic consists of not less than 4,000 hours of credit which includes instruction in each of the following subjects:

             (1) Anatomy;

             (2) Bacteriology;

             (3) Chiropractic theory and practice;

             (4) Diagnosis and chiropractic analysis;

             (5) Elementary chemistry and toxicology;

             (6) Histology;

             (7) Hygiene and sanitation;

             (8) Obstetrics and gynecology;

             (9) Pathology;

             (10) Physiology; and

             (11) Physiotherapy; and

      (c) That the applicant:

             (1) Holds certificates which indicate that he or she has passed parts I, II, III and IV, and the portion relating to physiotherapy, of the examination administered by the National Board of Chiropractic Examiners; or

             (2) Has actively practiced chiropractic in another state for not fewer than 7 of the immediately preceding 10 years without having any adverse disciplinary action taken against him or her.

      2.  The Board may, for good cause shown, waive the requirement for a particular applicant that the college of chiropractic from which the applicant graduated must be accredited by the Council on Chiropractic Education or have a reciprocal agreement with the Council on Chiropractic Education or a governmental accrediting agency.

      3.  Except as otherwise provided in [subsection] subsections 4 [,] and 5, every applicant is required to submit evidence of the successful completion of not less than 60 credit hours at an accredited college or university.

 


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

ê2015 Statutes of Nevada, Page 511 (Chapter 131, AB 231)ê

 

      4.  Any applicant who has been licensed to practice in another state, and has been in practice for not less than 5 years, is not required to comply with the provisions of subsection 3.

      5.  If an applicant has received his or her training and education at a school or college located in a foreign country, the Board may, if the Board determines that such training and education is substantially equivalent to graduation from a college of chiropractic that is accredited by the Council on Chiropractic Education and otherwise meets the requirements specified in paragraph (b) of subsection 1, waive the requirement that an applicant attend or graduate from a college that:

      (a) Is accredited by the Council on Chiropractic Education; or

      (b) Has a reciprocal agreement with the Council on Chiropractic Education or a governmental accrediting agency.

      Sec. 4. NRS 634.115 is hereby amended to read as follows:

      634.115  1.  Except as otherwise provided in subsections 4 and 5, upon application, payment of the [required] fee , if required, and the approval of its Secretary and President, the Board may, without examination, grant a temporary license to practice chiropractic in this State to a person who holds a corresponding license or certificate in another jurisdiction which is in good standing and who actively practices chiropractic in that jurisdiction. A temporary license may be issued for the limited purpose of authorizing the holder thereof to treat patients in this State.

      2.  Except as otherwise provided in this subsection, an applicant for a temporary license must file an application with the Secretary of the Board not less than 30 days before the applicant intends to practice chiropractic in this State. Upon the request of an applicant, the President or Secretary may, for good cause, authorize the applicant to file the application fewer than 30 days before he or she intends to practice chiropractic in this State.

      3.  [An] Except as otherwise provided in subsection 6, an application for a temporary license must be accompanied by a fee of $50 and include:

      (a) The applicant’s name, the address of his or her primary place of practice and the applicant’s telephone number;

      (b) A current photograph of the applicant measuring 2 by 2 inches;

      (c) The name of the chiropractic school or college from which the applicant graduated and the date of graduation; and

      (d) The number of the applicant’s license to practice chiropractic in another jurisdiction.

      4.  A temporary license:

      (a) Is valid for the period designated on the license, which must be not more than 10 days;

      (b) Is valid for the place of practice designated on the license; and

      (c) Is not renewable.

      5.  The Board may not grant more than two temporary licenses to an applicant during any calendar year.

      6.  A chiropractic physician who applies for a temporary license solely for the purpose of providing chiropractic services to a patient in this State without remuneration is not required to pay the fee required pursuant to subsection 3.

      Sec. 5. NRS 634.130 is hereby amended to read as follows:

      634.130  1.  Licenses and certificates must be renewed biennially. Except as otherwise provided in subsection 9, each person who is licensed or holds a certificate as a chiropractor’s assistant pursuant to the provisions of this chapter must, upon the payment of the required renewal fee and the submission of all information required to complete the renewal, be granted a renewal license or certificate which authorizes the person to continue to practice for 2 years.

 


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

ê2015 Statutes of Nevada, Page 512 (Chapter 131, AB 231)ê

 

this chapter must, upon the payment of the required renewal fee and the submission of all information required to complete the renewal, be granted a renewal license or certificate which authorizes the person to continue to practice for 2 years.

      2.  Except as otherwise provided in subsection 9, the renewal fee must be paid and all information required to complete the renewal must be submitted to the Board [on or before] by January 1 of:

      (a) Each odd-numbered year for a licensee; and

      (b) Each even-numbered year for a holder of a certificate as a chiropractor’s assistant.

      3.  Except as otherwise provided in subsection 5, 6 or 7, a licensee in active practice within this State must submit satisfactory proof to the Board that, during the 24 months immediately preceding the renewal date of the license, the licensee has attended at least 36 hours of continuing education which is approved or endorsed by the Board.

      4.  Except as otherwise provided in subsection 5, 6 or 8, a holder of a certificate as a chiropractor’s assistant in active practice within this State must submit satisfactory proof to the Board that, during the 24 months immediately preceding the renewal date of the certificate, the certificate holder has attended at least 12 hours of continuing education which is approved or endorsed by the Board or the equivalent board of another state or jurisdiction that regulates chiropractors’ assistants. The continuing education required by this subsection may include education related to lifesaving skills, including, without limitation, a course in cardiopulmonary resuscitation. The Board shall by regulation determine how many of the required 12 hours of continuing education must be course work related to such lifesaving skills. Any course of continuing education approved or endorsed by the Board or the equivalent board of another state or jurisdiction pursuant to this subsection may be conducted via the Internet or in a live setting, including, without limitation, a conference, workshop or academic course of instruction. The Board shall not approve or endorse a course of continuing education which is self-directed or conducted via home study.

      5.  The educational requirement of subsection 3 or 4 may be waived by the Board if the licensee or holder of a certificate as a chiropractor’s assistant files with the Board a statement of a chiropractic physician, osteopathic physician or doctor of medicine certifying that the licensee or holder of a certificate as a chiropractor’s assistant is suffering from a serious or disabling illness or physical disability which prevented the licensee or holder of a certificate as a chiropractor’s assistant from completing the requirements for continuing education during the 24 months immediately preceding the renewal date of the license or certificate.

      6.  The Board may waive the educational requirement of subsection 3 or 4 for a licensee or a holder of a certificate as a chiropractor’s assistant if the licensee or holder of a certificate submits to the Board proof that the licensee or holder of a certificate was in active military service which prevented the licensee or holder of a certificate from completing the requirements for continuing education during the 24 months immediately preceding the renewal date of the license or certificate.

      7.  A licensee is not required to comply with the requirements of subsection 3 until the first odd-numbered year after the year the Board issues to the licensee an initial license to practice as a chiropractor in this State.

 


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

ê2015 Statutes of Nevada, Page 513 (Chapter 131, AB 231)ê

 

      8.  A holder of a certificate as a chiropractor’s assistant is not required to comply with the requirements of subsection 4 until the first even-numbered year after the Board issues to the holder of a certificate an initial certificate to practice as a chiropractor’s assistant in this State.

      9.  The Board may waive the renewal fee for a licensee or holder of a certificate as a chiropractor’s assistant if the licensee or holder of a certificate submits proof to the Board that the licensee or holder of a certificate was in active military service at the time the renewal fee was due.

      10.  If a licensee fails to:

      (a) Except as otherwise provided in subsection 9, pay the renewal fee by January 1 of an odd-numbered year;

      (b) Except as otherwise provided in subsection 5 or 6, submit proof of continuing education pursuant to subsection 3;

      (c) Notify the Board of a change in the location of his or her office pursuant to NRS 634.129; or

      (d) Submit all information required to complete the renewal,

Ê the license automatically expires and, except as otherwise provided in NRS 634.131, may be reinstated only upon the payment, by January 1 of the even-numbered year following the year in which the license expired, of the required fee for reinstatement in addition to the renewal fee.

      11.  If a holder of a certificate as a chiropractor’s assistant fails to:

      (a) Except as otherwise provided in subsection 9, pay the renewal fee by January 1 of an even-numbered year;

      (b) Except as otherwise provided in subsection 5 or 6, submit proof of continuing education pursuant to subsection 4;

      (c) Notify the Board of a change in the location of his or her office pursuant to NRS 634.129; or

      (d) Submit all information required to complete the renewal,

Ê the certificate automatically expires and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.

      Sec. 6. NRS 634.131 is hereby amended to read as follows:

      634.131  1.  If a license expires pursuant to the provisions of subsection 10 of NRS 634.130 and the license was not reinstated pursuant to the provisions of that subsection, the person who held the license may apply to the Board to have the license reinstated to active status.

      2.  An applicant to have an expired license reinstated to active status pursuant to subsection 1 must:

      (a) Either:

             (1) Submit satisfactory evidence to the Board:

                   (I) That the applicant has maintained an active practice in another state, territory or country within the preceding 5 years;

                   (II) From all other licensing agencies which have issued the applicant a license that he or she is in good standing and has no legal actions pending against him or her; and

                   (III) That the applicant has participated in a program of continuing education in accordance with NRS 634.130 for the year in which he or she seeks to be reinstated to active status; or

             (2) Score 75 percent or higher on an examination prescribed by the Board on the provisions of this chapter and the regulations adopted by the Board; [and]

      (b) Pay:

 


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

ê2015 Statutes of Nevada, Page 514 (Chapter 131, AB 231)ê

 

             (1) The fee for the biennial renewal of a license to practice chiropractic; [and]

             (2) The fee for reinstating a license to practice chiropractic which has expired [.] ; and

             (3) The fee for the processing of fingerprints established pursuant to subsection 4; and

      (c) Submit a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  If any of the requirements set forth in subsection 2 are not met by an applicant for the reinstatement of an expired license to active status, the Board, before reinstating the license of the applicant to active status:

      (a) Must hold a hearing to determine the professional competency and fitness of the applicant; and

      (b) May require the applicant to:

             (1) Pass the Special Purposes Examination for Chiropractic prepared by the National Board of Chiropractic Examiners; and

             (2) Satisfy any additional requirements that the Board deems to be necessary.

      4.  The Board shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      Sec. 7. NRS 634.140 is hereby amended to read as follows:

      634.140  The grounds for initiating disciplinary action pursuant to this chapter are:

      1.  Unprofessional conduct.

      2.  Conviction of:

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

      (b) A felony relating to the practice of chiropractic;

      (c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

      (d) Any offense involving moral turpitude.

      3.  Suspension or revocation of the license to practice chiropractic by any other jurisdiction.

      4.  [Gross or repeated malpractice.

      5.]  Referring, in violation of NRS 439B.425, a patient to a health facility, medical laboratory or commercial establishment in which the licensee has a financial interest.

      [6.] 5.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

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

      Sec. 8.  This act becomes effective:

 


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

ê2015 Statutes of Nevada, Page 515 (Chapter 131, AB 231)ê

 

      1.  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

      2.  On October 1, 2015, for all other purposes.

________

CHAPTER 132, AB 270

Assembly Bill No. 270–Committee on Commerce and Labor

 

CHAPTER 132

 

[Approved: May 21, 2015]

 

AN ACT relating to real estate; revising the manner in which the fair market value of certain manufactured homes is determined; revising the definition of “dealer” for certain purposes to exclude a manufactured home park or an owner or agent of a manufactured home park; revising provisions relating to the issuance of limited lien resale licenses and permits authorizing a landlord or manager to sell a used mobile home; revising the circumstances under which a natural person who only offers or negotiates the terms of a residential mortgage loan is exempt from certain provisions governing mortgage brokers and mortgage agents; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines a “dealer” of a manufactured home to include a person who sells, leases or rents a manufactured home or mobile home and requires a dealer to hold a license issued by the Manufactured Housing Division of the Department of Business and Industry. (NRS 489.076, 489.311) Section 2 of this bill amends the definition of “dealer” to exclude a manufactured home park or its owner or agent while renting or leasing manufactured or mobile homes located within and owned by the park.

      Existing law also requires that if a manufactured home park converts to a park for older residents only, or a park for older residents converts to an unrestricted residency park, certain tenants who are unable to remove their manufactured or mobile homes must be reimbursed for the fair market value of their property, as determined by a licensed dealer or an appraiser. (NRS 118B.130) Section 1 of this bill deletes the requirement that the fair market value of the property be assessed by a dealer or appraiser and requires the landlord to determine the fair market value using certain published guidelines. Section 1 also allows a tenant who has received such a determination to request a second determination conducted by a certified appraiser or licensed dealer at the landlord’s expense.

      Existing law requires the Division to adopt regulations for the issuance of limited lien resale licenses or permits authorizing a landlord or manager to sell a used mobile home located within a mobile home park that was obtained through a lien sale. (NRS 489.336) Section 2.3 of this bill adds to this provision a mobile home that the landlord or manager obtained through a voluntary surrender by the owner.

      Existing law sets forth the requirements for a person to engage in activities as a mortgage broker or mortgage agent, including the requirements for licensure. (Chapter 645B of NRS) Existing law also sets forth an exemption from those requirements for a natural person who only offers or negotiates the terms of a residential mortgage loan: (1) with or on behalf of an immediate family member; or (2) which is secured by a certain type of dwelling. (NRS 645B.015) Section 2.7 of this bill expands the exemption for such a natural person when: (1) the residential mortgage loan is for a manufactured home; (2) the residential mortgage loan is financed by the seller; and (3) the seller has not engaged in a certain number of those loans.

 


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

ê2015 Statutes of Nevada, Page 516 (Chapter 132, AB 270)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 118B.130 is hereby amended to read as follows:

      118B.130  1.  A landlord may not change:

      (a) An existing park to a park for older persons pursuant to federal law unless the tenants who do not meet those restrictions and may lawfully be evicted are moved to other parks at the expense of the landlord; or

      (b) The restriction of a park for older persons pursuant to federal law unless the tenants are given the option of remaining in their spaces or moving to other parks at the expense of the landlord.

      2.  A tenant who elects to move pursuant to a provision of subsection 1 shall give the landlord notice in writing of the tenant’s election to move within 75 days after receiving notice of the change in restrictions in the park.

      3.  At the time of providing notice of the change in restrictions in the park, the landlord shall provide to each tenant:

      (a) The address and telephone number of the Division;

      (b) Any list published by the Division setting forth the names of licensed transporters of manufactured homes approved by the Division; and

      (c) Any list published by the Division setting forth the names of mobile home parks within 150 miles that have reported having vacant spaces.

      4.  If a landlord is required to move a tenant to another park pursuant to subsection 1, the landlord shall pay:

      (a) The cost of moving the tenant’s manufactured home and its appurtenances to a new location in this State or another state within 150 miles from the manufactured home park; or

      (b) If the new location is more than 150 miles from the manufactured home park, the cost of moving the manufactured home for the first 150 miles,

Ê including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his or her manufactured home and its appurtenances in the new lot or park.

      5.  If the landlord is unable to move a shed, due to its physical condition, that belongs to a tenant who has elected to have the landlord move his or her manufactured home, the landlord shall pay the tenant $250 as reimbursement for the shed. Each tenant may receive only one payment of $250 even if more than one shed is owned by the tenant.

      6.  If the tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged or there is no manufactured home park within 150 miles that is willing to accept the manufactured home, the landlord:

      (a) May remove and dispose of the manufactured home; and

      (b) Shall pay to the tenant the fair market value of the manufactured home.

      7.  A landlord of a park in which restrictions have been or are being changed shall give written notice of the change to each:

      (a) Tenant of the park who does not meet the new restrictions; and

      (b) Prospective tenant before the commencement of the tenancy.

      8.  For the purposes of this section, the fair market value of a manufactured home must be determined [as follows:

 


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

ê2015 Statutes of Nevada, Page 517 (Chapter 132, AB 270)ê

 

      (a)A dealer licensed pursuant to chapter 489 of NRS who is a certified appraiser and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.

      (b)If there are insufficient dealers licensed pursuant to chapter 489 of NRS who are certified appraisers available for the purposes of paragraph (a), a person who possesses the qualifications pursuant to the Appraiser Qualifications for Manufactured Homes Classified as Personal Property as set forth in section 8-3 of Valuation Analysis for Single Family One- to Four-Unit Dwellings, HUD Directive Number 4150.2 CHG-1, of the United States Department of Housing and Urban Development, and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.

      (c) If there are insufficient persons available for the purposes of paragraphs (a) and (b) or if the landlord or his or her agent and the tenant cannot agree pursuant to paragraphs (a) and (b), the landlord or his or her agent or the tenant may request the Administrator to, and the Administrator shall, appoint a dealer licensed pursuant to chapter 489 of NRS or a certified appraiser who shall make the determination.] by the landlord pursuant to NRS 118B.1837.

      9.  Within 30 days after receiving a determination of fair market value from a landlord pursuant to subsection 8, a tenant may request that the Administrator appoint a certified appraiser or a dealer licensed pursuant to chapter 489 of NRS to make a determination of fair market value. The Administrator shall cause such a determination to be made within 30 days after receipt of the request and that determination is binding on the landlord and tenant.

      10.  The landlord shall pay the costs associated with determining the fair market value of a manufactured home pursuant to subsections 8 and 9 and the cost of removing and disposing of a manufactured home pursuant to subsection 6.

      Sec. 2. NRS 489.076 is hereby amended to read as follows:

      489.076  1.  “Dealer” means any person who:

      (a) For compensation, money or any other thing of value, sells, exchanges, buys or offers for sale, negotiates or attempts to negotiate a sale or exchange of an interest in a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing subject to the requirements of this chapter, or induces or attempts to induce any person to buy or exchange an interest in a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing;

      (b) For compensation, money or any other thing of value, leases or rents, offers for lease or rental, negotiates or attempts to negotiate the lease or rental of an interest in a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing subject to the requirements of this chapter, or induces or attempts to induce any person to lease or rent an interest in a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing;

      (c) Receives or expects to receive a commission, money, brokerage fees, profit or any other thing of value from either the seller or purchaser of any manufactured home, mobile home, manufactured building, commercial coach or factory-built housing;

      (d) Is engaged wholly or in part in the business of:

 


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

ê2015 Statutes of Nevada, Page 518 (Chapter 132, AB 270)ê

 

             (1) Selling, renting or leasing manufactured homes, mobile homes, manufactured buildings, commercial coaches or factory-built housing;

             (2) Buying or taking manufactured homes, mobile homes, manufactured buildings, commercial coaches or factory-built housing in trade for the purpose of resale, selling or offering them for sale or consignment to be sold;

             (3) Buying or taking manufactured homes, mobile homes, manufactured buildings, commercial coaches or factory-built housing in trade to rent, lease or offer them for rent or lease; or

             (4) Otherwise dealing in manufactured homes, mobile homes, manufactured buildings, commercial coaches or factory-built housing; or

      (e) Acts as a repossessor or liquidator concerning manufactured homes, mobile homes, manufactured buildings, commercial coaches or factory-built housing,

Ê whether or not they are owned by such persons.

      2.  The term does not include:

      (a) Receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under the order of any court;

      (b) Public officers while performing their official duties;

      (c) Banks, savings and loan associations, credit unions, thrift companies or other financial institutions proceeding as repossessors or liquidators of their own security;

      (d) A person who rents or leases his or her manufactured home, mobile home, manufactured building, commercial coach or factory-built housing;

      (e) An owner selling his or her private residence; [or]

      (f) A real estate broker, real estate broker-salesperson or real estate salesperson who is licensed pursuant to chapter 645 of NRS and who, for another and for compensation or with the intention or expectation of receiving compensation, sells, exchanges, options, purchases, rents or leases, or negotiates or offers, attempts or agrees to negotiate the sale, exchange, option, purchase, rental or lease of, or lists or solicits prospective purchasers, lessees or renters of, used manufactured homes or used mobile homes in connection with the sale of a fee simple interest in real property and the used manufactured home or used mobile home is situated on the real property sold [.] ; or

      (g) A manufactured home park, as defined in NRS 118B.017, or an owner or agent of a manufactured home park while leasing or renting, offering for lease or rental or negotiating or attempting to negotiate the lease or rental of a manufactured home or mobile home which is located within the manufactured home park and titled in the name of the manufactured home park or an entity that is owned, operated or controlled by the owner of the manufactured home park.

      Sec. 2.3. NRS 489.336 is hereby amended to read as follows:

      489.336  1.  The Division shall adopt regulations for the issuance of limited lien resale licenses and permits authorizing a landlord or manager to sell a used mobile home if:

      (a) The mobile home is located in a mobile home park that the landlord or manager owns, leases or manages; and

      (b) The landlord or manager purchased the mobile home at a sale to enforce a lien pursuant to NRS 108.270 to 108.367, inclusive [.] , or acquired the mobile home through a voluntary surrender by the owner of the mobile home.

 


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

ê2015 Statutes of Nevada, Page 519 (Chapter 132, AB 270)ê

 

      2.  The regulations must specify the requirements for the issuance of a license or permit, including, without limitation, any educational requirements.

      3.  A person who is issued a license or permit pursuant to the regulations may sell a used mobile home in accordance with the license or permit.

      4.  As used in this section:

      (a) “Landlord” has the meaning ascribed to it in NRS 118B.014.

      (b) “Manager” has the meaning ascribed to it in NRS 118B.0145.

      (c) “Mobile home park” has the meaning ascribed to “manufactured home park” in NRS 118B.017.

      Sec. 2.7. NRS 645B.015 is hereby amended to read as follows:

      645B.015  Except as otherwise provided in NRS 645B.016, the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, 12 U.S.C. §§ 5101 et seq., and any regulations adopted pursuant thereto and other applicable law, the provisions of this chapter do not apply to:

      1.  Any person doing business under the laws of this State, any other state or the United States relating to banks, savings banks, trust companies, savings and loan associations, industrial loan companies, credit unions, thrift companies or insurance companies, including, without limitation, a subsidiary or a holding company of such a bank, company, association or union.

      2.  A real estate investment trust, as defined in 26 U.S.C. § 856, unless the business conducted in this State is not subject to supervision by the regulatory authority of the other jurisdiction, in which case licensing pursuant to this chapter is required.

      3.  An employee benefit plan, as defined in 29 U.S.C. § 1002(3), if the loan is made directly from money in the plan by the plan’s trustee.

      4.  An attorney at law rendering services in the performance of his or her duties as an attorney at law.

      5.  A real estate broker rendering services in the performance of his or her duties as a real estate broker.

      6.  Any person doing any act under an order of any court.

      7.  Any one natural person, or husband and wife, who provides money for investment in commercial loans secured by a lien on real property, on his or her own account, unless such a person makes a loan secured by a lien on real property using his or her own money and assigns all or a part of his or her interest in the loan to another person, other than his or her spouse or child, within 3 years after the date on which the loan is made or the deed of trust is recorded, whichever occurs later.

      8.  A natural person who only offers or negotiates terms of a residential mortgage loan:

      (a) With or on behalf of an immediate family member of the person; [or]

      (b) Secured by a dwelling that served as the person’s residence [.] ; or

      (c) If:

             (1) The residential mortgage loan is for a manufactured home, as defined in NRS 118B.015;

             (2) The residential mortgage loan is financed by the seller; and

             (3) The seller has not engaged in more than five such loans in this State during the immediately preceding 12 consecutive months.

      9.  Agencies of the United States and of this State and its political subdivisions, including the Public Employees’ Retirement System.

      10.  A seller of real property who offers credit secured by a mortgage of the property sold.

      11.  A nonprofit agency or organization:

 


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

ê2015 Statutes of Nevada, Page 520 (Chapter 132, AB 270)ê

 

      (a) Which provides self-help housing for a borrower who has provided part of the labor to construct the dwelling securing the borrower’s loan;

      (b) Which does not charge or collect origination fees in connection with the origination of residential mortgage loans;

      (c) Which only makes residential mortgage loans at an interest rate of 0 percent per annum;

      (d) Whose volunteers, if any, do not receive compensation for their services in the construction of a dwelling;

      (e) Which does not profit from the sale of a dwelling to a borrower; and

      (f) Which maintains tax-exempt status under section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3).

      12.  A housing counseling agency approved by the United States Department of Housing and Urban Development.

      Sec. 3.  This act becomes effective on July 1, 2015.

________

CHAPTER 133, AB 308

Assembly Bill No. 308–Assemblywoman Woodbury

 

Joint Sponsor: Senator Hardy

 

CHAPTER 133

 

[Approved: May 21, 2015]

 

AN ACT relating to emergency medical services; requiring persons who provide emergency medical services at certain special events to be licensed attendants or exempt from such licensure; exempting special events held in certain small cities from the requirement to provide certain emergency medical services; requiring physicians who staff certain large special events to have experience providing emergency medical services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the host organization of certain special events to provide particular types of emergency medical services at the special event based on the size of the event and the population of the county in which the special event is held. (NRS 450B.650-450B.700) Sections 1-1.7 of this bill require the persons who provide such emergency medical services at a special event to be licensed attendants, physicians, registered nurses or physician assistants. Sections 1.9-3 of this bill exempt from the requirement to provide particular types of emergency medical services a special event held within the boundaries of a city whose population is less than 25,000 (currently Boulder City, Caliente, Carlin, Elko, Ely, Fallon, Fernley, Lovelock, Mesquite, Wells, West Wendover, Winnemucca and Yerington) if there is a fire-fighting agency within the city and the city has adopted a plan for providing emergency medical service at special events.

      Existing law requires the host of a special event in a county whose population is 100,000 or more (currently Clark and Washoe Counties) at which 2,500 or more persons but less than 15,000 persons are projected to be in attendance at the same time to provide at least one dedicated life support ambulance if the event has been held before and there is a history of a significant number of persons who need emergency medical services. (NRS 450B.695) Section 1.8 of this bill revises the number of people that constitutes a significant number from 0.07 percent of attendees to 0.7 percent of attendees.

 


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

ê2015 Statutes of Nevada, Page 521 (Chapter 133, AB 308)ê

 

      Existing law requires the host of a special event at which 50,000 or more persons are expected to be in attendance at the same time to provide two or more physicians. (NRS 450B.700) Section 3 of this bill requires those physicians to have experience providing emergency medical services.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 450B.655 is hereby amended to read as follows:

      450B.655  “Dedicated advanced life support ambulance” means an ambulance equipped to provide advanced life support that:

      1.  Is capable of transporting a patient from a special event to a hospital but, upon delivering the patient, immediately returns to the site of the special event; and

      2.  Is staffed by:

      (a) At least one [advanced] licensed attendant who is an emergency medical technician and one licensed attendant who is a paramedic; or

      (b) At least two other attendants, each with an equivalent or a higher level of skill than the levels described in paragraph (a) [.] and each of whom is licensed pursuant to this chapter or exempt from licensure pursuant to subsection 6 of NRS 450B.160.

      Sec. 1.3.NRS 450B.660 is hereby amended to read as follows:

      450B.660  “First-aid station” means a fixed location at the site of a special event that is staffed by:

      1.  At least one licensed attendant who is an emergency medical technician , advanced emergency medical technician or paramedic; or [a]

      2.  A person with a higher level of skill than the levels described in subsection 1 who is capable of providing emergency medical care within his or her scope of practice [.] and is licensed pursuant to this chapter or exempt from licensure pursuant to subsection 6 of NRS 450B.160.

      Sec. 1.5.NRS 450B.670 is hereby amended to read as follows:

      450B.670  “Roving emergency medical technician team” means a team at the site of a special event that:

      1.  Consists of two or more licensed attendants who are emergency medical technicians, advanced emergency medical technicians or paramedics; and

      2.  Has the medical supplies necessary to provide emergency medical care.

      Sec. 1.7.NRS 450B.675 is hereby amended to read as follows:

      450B.675  “Roving intermediate emergency medical technician team” means a roving emergency medical team that consists of two or more licensed attendants who are advanced emergency medical technicians or paramedics.

      Sec. 1.8. NRS 450B.680 is hereby amended to read as follows:

      450B.680  “Significant number” means, with regard to:

      1.  Contacts by emergency medical personnel with persons who attended a special event, the number of contacts is [0.07] 0.7 percent or more of the total number of persons who attended the special event; and

      2.  Patients transported to a hospital, the number of patients transported from the special event to the hospital by ambulance or private vehicle is 15 percent or more of the total number of contacts at the special event by emergency medical personnel with persons who attended the special event.

 


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

ê2015 Statutes of Nevada, Page 522 (Chapter 133, AB 308)ê

 

percent or more of the total number of contacts at the special event by emergency medical personnel with persons who attended the special event.

      Sec. 1.9. NRS 450B.690 is hereby amended to read as follows:

      450B.690  1.  Except as otherwise provided in subsection 2:

      (a) In a county whose population is 100,000 or more, if a special event [at which] is to be held and 2,500 or more persons but less than 10,000 persons are projected to be in attendance at the event at the same time, the host organization shall provide at least one first-aid station at the site of the special event if:

      [(a)] (1) The special event is a concert; or

      [(b)] (2) Three or more of the following factors apply to the special event:

             [(1)] (I) The special event involves a high-risk activity, including, without limitation, sports or racing.

             [(2)] (II) The special event poses environmental hazards to persons attending the special event or is held during a period of extreme heat or cold.

             [(3)] (III) The average age of the persons attending the special event is less than 25 years of age or more than 50 years of age.

             [(4)] (IV) A large number of the persons attending the special event have acute or chronic illnesses.

             [(5)] (V) Alcohol is sold at the special event or, if the special event has been held before, there is a history of alcohol or drug use by the persons who attended the special event in the past.

             [(6)] (VI) The density of the number of persons attending the special event increases the difficulty regarding [:

                   (I) Access] access to the persons who are attending the special event who require emergency medical care , [;] or

                   [(II) The] the transfer of those persons who require emergency medical care to an ambulance.

      [2.] (b) In a county whose population is 100,000 or more, if the host organization meets the requirements of [paragraph (a) or (b) of subsection 1] subparagraph (1) or (2) of paragraph (a) and 10,000 or more persons but less than 15,000 persons are projected to be in attendance at the special event at the same time, the host organization shall:

      [(a)] (1) Provide at least one first-aid station at the site of the special event and equip the first-aid station with an automated external defibrillator; and

      [(b)] (2) Provide a roving emergency medical technician team at the site of the special event.

      [3.] (c) In a county whose population is 100,000 or more, if the host organization meets the requirements of [paragraph (a) or (b) of subsection 1] subparagraph (1) or (2) of paragraph (a) and 15,000 or more persons but less than 50,000 persons are projected to be in attendance at the special event at the same time, the host organization shall:

      [(a)](1) Provide at least one first-aid station at the site of the special event and staff the first-aid station with at least one registered nurse, licensed practical nurse or paramedic in lieu of an emergency medical technician; and

      [(b)](2) Provide two or more roving intermediate emergency medical technician teams at the site of the special event.

 

 


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

ê2015 Statutes of Nevada, Page 523 (Chapter 133, AB 308)ê

 

      2.  The provisions of subsection 1 do not apply to a special event held within the boundaries of a city whose population is less than 25,000 if there is a fire-fighting agency within the city other than a volunteer fire department and the city has adopted a plan for providing emergency medical services at special events.

      Sec. 2. NRS 450B.695 is hereby amended to read as follows:

      450B.695  1.  Except as otherwise provided in subsection 2:

      (a) In a county whose population is 100,000 or more, if a special event [at which] is to be held and 2,500 or more persons but less than 15,000 persons are projected to be in attendance at the event at the same time, the host organization shall provide at least one dedicated advanced life support ambulance at the special event if the special event:

      [(a)] (1) Is located more than 5 miles from the closest hospital; or

      [(b)] (2) Has been held before and there is a history of a significant number of:

             [(1)] (I) Contacts by emergency medical personnel with persons who attended the special event to provide emergency medical care to those persons; or

             [(2)] (II) Persons who attended the special event who were transported as patients from the special event to a hospital.

      [2.] (b) In a county whose population is 100,000 or more, if the host organization meets the requirements of [paragraph (a) or (b) of subsection 1] subparagraph (1) or (2) of paragraph (a) and 15,000 or more persons but less than 50,000 persons are projected to be in attendance at the special event at the same time, the host organization shall provide at least two dedicated advanced life support ambulances at the special event.

      2.  The provisions of subsection 1 do not apply to a special event held within the boundaries of a city whose population is less than 25,000 if there is a fire-fighting agency within the city other than a volunteer fire department and the city has adopted a plan for providing emergency medical services at special events.

      Sec. 3. NRS 450B.700 is hereby amended to read as follows:

      450B.700  [If]

      1.  Except as otherwise provided in subsection 2, if a special event [at which] is to be held and 50,000 or more persons are projected to be in attendance at the event at the same time, the host organization shall provide:

      [1.] (a) Two or more first-aid stations at the site of the special event;

      [2.] (b) Two or more physicians licensed pursuant to chapter 630 or 633 of NRS [;

      3.]  who have experience providing emergency medical services;

      (c) Two or more roving emergency medical technician teams; and

      [4.] (d) Two or more dedicated advanced life support ambulances.

      2.  The provisions of subsection 1 do not apply to a special event held within the limits of a city whose population is less than 25,000 if there is a fire-fighting agency within the city other than a volunteer fire department and the city has adopted a plan for providing emergency medical services at special events.

      Sec. 4.  This act becomes effective on July 1, 2015.

________

 


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

ê2015 Statutes of Nevada, Page 524ê

 

CHAPTER 134, AB 285

Assembly Bill No. 285–Assemblymen Woodbury, Oscarson; and Titus

 

CHAPTER 134

 

[Approved: May 21, 2015]

 

AN ACT relating to pupils; allowing pupils to self-administer prescribed medications for diabetes under certain circumstances; requiring a public school to establish protocols for containing blood-borne pathogens and the handling and disposal of needles, medical devices and other medical waste; providing immunity from liability to certain school administrators and employees for certain harm as a result of the self-administration of medication by a pupil; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law allows the parent or legal guardian of a pupil who has asthma or anaphylaxis to request authorization from the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled to allow the pupil to self-administer medication for the treatment of asthma or anaphylaxis while the pupil is on the grounds of a public school, at an activity sponsored by the public school or on a school bus. Existing law provides that if the request contains certain specified information, the principal or, if applicable, the school nurse is required to approve the request. (NRS 392.425) This bill similarly allows the parent or legal guardian of a pupil who has diabetes to request an authorization to self-administer medication for the treatment of diabetes and requires the principal or, if applicable, school nurse to approve the request if the request contains certain information. This bill also requires a public school to: (1) establish protocols for containing blood-borne pathogens and the handling and disposal of needles, medical devices and other medical waste; and (2) provide a copy of these protocols to the parent or legal guardian of a pupil who requests permission to allow the pupil to self-administer medication.

      Existing law provides that the board of trustees of a school district, a school district and a public school and any employee or agent thereof are immune from liability for the injury to or death of a pupil as a result of the self-administration of medication. (NRS 392.425) This bill extends that immunity from liability to those persons for any injury or death caused by exposure to certain medical devices or medical waste from the self-administration of medication by a pupil.

 

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 392.425 is hereby amended to read as follows:

      392.425  1.  The parent or legal guardian of a pupil who has asthma , [or] anaphylaxis or diabetes may submit a written request to the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled to allow the pupil to self-administer medication for the treatment of the pupil’s asthma , [or] anaphylaxis or diabetes while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus.

      2.  A public school shall establish protocols for containing blood-borne pathogens and the handling and disposal of needles, medical devices and other medical waste and provide a copy of these protocols and procedures to the parent or guardian of a pupil who requests permission for the pupil to self-administer medication pursuant to subsection 1.

 


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

ê2015 Statutes of Nevada, Page 525 (Chapter 134, AB 285)ê

 

procedures to the parent or guardian of a pupil who requests permission for the pupil to self-administer medication pursuant to subsection 1.

      3.  A written request made pursuant to subsection 1 must include:

      (a) A signed statement of a physician indicating that the pupil has asthma , [or] anaphylaxis or diabetes and is capable of self-administration of the medication while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus;

      (b) A written treatment plan prepared by the physician pursuant to which the pupil will manage his or her asthma , [or] anaphylaxis or diabetes if the pupil experiences an asthmatic attack , [or] anaphylactic shock or diabetic episode while on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus; and

      (c) A signed statement of the parent or legal guardian:

             (1) Indicating that the parent or legal guardian grants permission for the pupil to self-administer the medication while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus; [and]

             (2) Acknowledging that the parent or legal guardian is aware of and understands the provisions of subsections [3] 4 and [4.] 5;

      [3.] (3) Acknowledging the receipt of the protocols provided pursuant to subsection 2;

             (4) Acknowledging that the protocols established pursuant to subsection 2 have been explained to the pupil who will self-administer the medication and that he or she has agreed to comply with the protocols; and

             (5) Acknowledging that authorization to self-administer medication pursuant to this section may be revoked if the pupil fails to comply with the protocols established pursuant to subsection 2.

      4.  The provisions of this section do not create a duty for the board of trustees of the school district, the school district, the public school in which the pupil is enrolled, or an employee or agent thereof, that is in addition to those duties otherwise required in the course of service or employment.

      [4.] 5.  If a pupil is granted authorization pursuant to this section to self-administer medication, the board of trustees of the school district, the school district and the public school in which the pupil is enrolled, and any employee or agent thereof, are immune from liability for the injury to or death of [the] :

      (a) The pupil as a result of self-administration of a medication pursuant to this section or the failure of the pupil to self-administer such a medication [.

      5.] ; and

      (b) Any other person as a result of exposure to or injury caused by needles, medical devices or other medical waste from the self-administration of medication by a pupil pursuant to this section.

      6.  Upon receipt of a request that complies with subsection [2,] 3, the principal or, if applicable, the school nurse of the public school in which a pupil is enrolled shall provide written authorization for the pupil to carry and self-administer medication to treat his or her asthma , [or] anaphylaxis or diabetes while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus. The written authorization must be filed with the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled and must include:

 


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

ê2015 Statutes of Nevada, Page 526 (Chapter 134, AB 285)ê

 

      (a) The name and purpose of the medication which the pupil is authorized to self-administer;

      (b) The prescribed dosage and the duration of the prescription;

      (c) The times or circumstances, or both, during which the medication is required or recommended for self-administration;

      (d) The side effects that may occur from an administration of the medication; [and]

      (e) The name and telephone number of the pupil’s physician and the name and telephone number of the person to contact in the case of a medical emergency concerning the pupil [.

      6.] ; and

      (f) The procedures for the handling and disposal of needles, medical devices and other medical waste.

      7.  The written authorization provided pursuant to subsection [5] 6 is valid for 1 school year. If a parent or legal guardian submits a written request that complies with subsection [2,] 3, the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled shall renew and, if necessary, revise the written authorization.

      [7.] 8.  If a parent or legal guardian of a pupil who is authorized pursuant to this section to carry medication on his or her person provides to the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled doses of the medication in addition to the dosage that the pupil carries on his or her person, the principal or, if applicable, the school nurse shall ensure that the additional medication is:

      (a) Stored on the premises of the public school in a location that is secure; and

      (b) Readily available if the pupil experiences an asthmatic attack , [or] anaphylactic shock or diabetic episode during school hours.

      [8.] 9.  As used in this section:

      (a) “Medication” means any medicine prescribed by a physician for the treatment of anaphylaxis , [or] asthma [,] or diabetes, including, without limitation, asthma inhalers , [and] auto-injectable epinephrine [.] and insulin.

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

      (c) “Self-administer” means the auto-administration of a medication pursuant to the prescription for the medication or written directions for such a medication.

      Sec. 2.  This act becomes effective on July 1, 2015.

________

 


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

ê2015 Statutes of Nevada, Page 527ê

 

CHAPTER 135, AB 366

Assembly Bill No. 366–Assemblymen Silberkraus, Gardner and Dooling

 

CHAPTER 135

 

[Approved: May 21, 2015]

 

AN ACT relating to taxation; authorizing a county, city or town to use that portion of money received by the county, city or town from the imposition of certain motor vehicle fuel taxes for the construction, maintenance and repair of certain rights-of-way within the jurisdiction of the county, city or town; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the distribution to and use by a county, city or town of the proceeds of certain motor vehicle fuel taxes. (NRS 365.535-365.565) Existing law authorizes counties, cities and towns to use such proceeds for various purposes relating to the construction, maintenance or repair of public roads and highways within the jurisdiction of the county, city or town. Sections 5-8 of this bill generally provide for the uniform use of such proceeds by a county, city or town for the construction, maintenance and repair of a right-of-way within the jurisdiction of the respective county, city or town. Section 3 of this bill defines “construction, maintenance and repair” for the purposes of sections 5-8 to include: (1) any costs, other than administrative costs, that are directly connected with and necessarily incidental to the construction, maintenance and repair of a right-of-way, including, without limitation, the costs of labor, designing any improvement within a right-of-way and inspecting any improvement within a right-of-way; and (2) administrative costs only if those costs are directly incurred by a local government in connection with the construction, maintenance and repair of a right-of-way and are necessary for, and directly incidental to, the completion of the project for the administrative costs are incurred. Section 4 defines “right-of-way” for certain purposes to mean any existing public road, highway, street or alley, and any real property or any interest therein that is acquired, dedicated or reserved for the construction, operation and maintenance of a public road, highway, street or alley.

 

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 365 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. As used in NRS 365.535 to 365.565, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Construction, maintenance and repair” includes, without limitation:

      1.  The acquisition, operation or use of any material, equipment or facility that is used for the construction, maintenance or repair of a right-of-way and is necessary for the safe and efficient use of the right-of-way;

      2.  Grades and regrades;

      3.  Graveling, oiling, surfacing, macadamizing and paving;

 


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

ê2015 Statutes of Nevada, Page 528 (Chapter 135, AB 366)ê

 

      4.  Sweeping, cleaning and sanding roads and removing snow from roads;

      5.  Installing, maintaining and repairing:

      (a) Crosswalks, sidewalks and pathways that are within the right-of-way;

      (b) Culverts, catch basins, drains, sewers and manholes;

      (c) Inlets and outlets;

      (d) Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;

      (e) Artificial lights and lighting equipment, parkways and sprinkling facilities and the control of vegetation;

      (f) Grade and traffic separators;

      (g) Fences, cattle guards and other devices to control access to a county or city road;

      (h) Signs, markings and devices for the control of traffic; and

      (i) Facilities for personnel and the storage of equipment used to construct, maintain or repair a right-of-way; and

      6.  The payment of any costs, other than administrative costs, that are directly connected with and necessarily incidental to the construction, maintenance and repair of a right-of-way, including, without limitation, the costs of labor, designing any improvement within a right-of-way and inspecting any improvement within a right-of-way.

      7.  The payment of administrative costs that are:

      (a) Directly incurred by a local government in connection with the construction, maintenance and repair of a right-of-way; and

      (b) Necessary for, and directly incidental to, the completion of the project for which the administrative costs are incurred.

      Sec. 4. “Right-of-way” means:

      1.  Any public road, highway, street or alley.

      2.  Any real property or any interest therein that is acquired, dedicated or reserved for the construction, operation and maintenance of a public road, highway, street or alley.

      Sec. 5. NRS 365.540 is hereby amended to read as follows:

      365.540  1.  The money collected, as prescribed by NRS 365.175 and 365.185, from the tax on motor vehicle fuels, other than aviation fuel, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, must be placed to the credit of the State Highway Fund by the State Treasurer. An amount equal to that part of the tax collected pursuant to NRS 365.175, which represents 5 cents of the tax per gallon must be used exclusively for the construction , [and] maintenance and repair of [public highways, and may not be used to purchase equipment related thereto.] a right-of-way.

      2.  The money collected, as prescribed by NRS 365.180 and 365.190, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, must be allocated by the Department as prescribed in NRS 365.550 and 365.560.

      3.  The money collected as prescribed by NRS 365.200 must be allocated by the Department as prescribed by NRS 365.550 and 365.560.

      4.  The money collected from the tax on aviation fuel must be deposited by the Department with the State Treasurer for credit to the Account for Taxes on Aviation Fuel, which is hereby created as a revolving account.

 


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

ê2015 Statutes of Nevada, Page 529 (Chapter 135, AB 366)ê

 

      Sec. 6. NRS 365.550 is hereby amended to read as follows:

      365.550  1.  Except as otherwise provided in subsection 2, the receipts of the tax levied pursuant to NRS 365.180 must be allocated monthly by the Department to the counties using the following formula:

      (a) Determine the average monthly amount each county received in the Fiscal Year ending on June 30, 2003, and allocate to each county that amount, or if the total amount to be allocated is less than that amount, allocate to each county a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the Fiscal Year ending on June 30, 2003;

      (b) If the total amount to be allocated is greater than the average monthly amount all counties received in the Fiscal Year ending on June 30, 2003, determine for each county an amount from the total amount to be allocated using the following formula:

             (1) Multiply the county’s percentage share of the total state population by 2;

             (2) Add the percentage determined pursuant to subparagraph (1) to the county’s percentage share of total mileage of improved roads or streets maintained by the county or an incorporated city located within the county;

             (3) Divide the sum of the percentages determined pursuant to subparagraph (2) by 3; and

             (4) Multiply the total amount to be allocated by the percentage determined pursuant to subparagraph (3);

      (c) Identify each county for which the amount determined pursuant to paragraph (b) is greater than the amount allocated to the county pursuant to paragraph (a) and:

             (1) Subtract the amount determined pursuant to paragraph (a) from the amount determined pursuant to paragraph (b); and

             (2) Add the amounts determined pursuant to subparagraph (1) for all counties;

      (d) Identify each county for which the amount determined pursuant to paragraph (b) is less than or equal to the amount allocated to the county pursuant to paragraph (a) and:

             (1) Subtract the amount determined pursuant to paragraph (b) from the amount determined pursuant to paragraph (a); and

             (2) Add the amounts determined pursuant to subparagraph (1) for all counties;

      (e) Subtract the amount determined pursuant to subparagraph (2) of paragraph (d) from the amount determined pursuant to subparagraph (2) of paragraph (c);

      (f) Divide the amount determined pursuant to subparagraph (1) of paragraph (c) for each county by the sum determined pursuant to subparagraph (2) of paragraph (c) for all counties to determine each county’s percentage share of the sum determined pursuant to subparagraph (2) of paragraph (c); and

      (g) In addition to the allocation made pursuant to paragraph (a), allocate to each county that is identified pursuant to paragraph (c) a percentage of the total amount determined pursuant to paragraph (e) that is equal to the percentage determined pursuant to paragraph (f).

      2.  At the end of each fiscal year, the Department shall:

      (a) Determine the total amount to be allocated to all counties pursuant to subsection 1 for the current fiscal year; and

 


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

ê2015 Statutes of Nevada, Page 530 (Chapter 135, AB 366)ê

 

      (b) Use the proceeds of the tax paid by a dealer, supplier or user for June of the current fiscal year to allocate to each county an amount determined pursuant to subsection 3.

      3.  If the total amount to be allocated to all the counties determined pursuant to paragraph (a) of subsection 2:

      (a) Does not exceed the total amount that was received by all the counties for the Fiscal Year ending on June 30, 2003, the Department shall adjust the final monthly allocation to be made to each county so that each county is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the Fiscal Year ending on June 30, 2003.

      (b) Exceeds the total amount that was received by all counties for the Fiscal Year ending on June 30, 2003, the Department shall:

             (1) Identify the total amount allocated to each county for the Fiscal Year ending on June 30, 2003, and the total amount for the current fiscal year determined pursuant to paragraph (a) of subsection 2;

             (2) Apply the formula set forth in paragraph (b) of subsection 1 using the amounts in subparagraph (1), instead of the monthly amounts, to determine the total allocations to be made to the counties for the current fiscal year; and

             (3) Adjust the final monthly allocation to be made to each county to ensure that the total allocations for the current fiscal year equal the amounts determined pursuant to subparagraph (2).

      4.  Of the money allocated to each county pursuant to the provisions of subsections 1, 2 and 3:

      (a) An amount equal to that part of the allocation which represents 1.25 cents of the tax per gallon must be used exclusively for the service and redemption of revenue bonds issued pursuant to NRS 373.131, for the construction, maintenance and repair of county [roads, and for the purchase of equipment for that construction, maintenance and repair,] rights-of-way under the direction of the boards of county commissioners of the several counties . [, and must not be used to defray expenses of administration.]

      (b) An amount equal to that part of the allocation which represents 2.35 cents of the tax per gallon must be allocated to the county, if there are no incorporated cities in the county, or, if there is at least one incorporated city in the county, allocated monthly by the Department to the county and each incorporated city in the county using, except as otherwise provided in paragraph (c), the following formula:

             (1) Determine the average monthly amount the county and each incorporated city in the county received in the fiscal year ending on June 30, 2005, and allocate to the county and each incorporated city in the county that amount, or if the total amount to be allocated is less than that amount, allocate to the county and each incorporated city in the county a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county or incorporated city, as applicable, in the fiscal year ending on June 30, 2005.

             (2) If the total amount to be allocated is greater than the average monthly amount the county and all incorporated cities within the county received in the fiscal year ending on June 30, 2005, determine for the county and each incorporated city in the county an amount from the total amount to be allocated using the following formula:

 


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

ê2015 Statutes of Nevada, Page 531 (Chapter 135, AB 366)ê

 

                   (I) One-fourth in proportion to total area.

                   (II) One-fourth in proportion to population.

                   (III) One-fourth in proportion to the total mileage of improved roads and streets maintained by the county or incorporated city in the county, as applicable.

                   (IV) One-fourth in proportion to vehicle miles of travel on improved roads and streets maintained by the county or incorporated city in the county, as applicable.

Ê For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.

             (3) Identify whether the county or any incorporated city in the county had an amount determined pursuant to subparagraph (2) that was greater than the amount allocated to the county or incorporated city, as applicable, pursuant to subparagraph (1) and, if so:

                   (I) Subtract the amount determined pursuant to subparagraph (1) from the amount determined pursuant to subparagraph (2); and

                   (II) Add the amounts determined pursuant to sub-subparagraph (I) for the county and all incorporated cities in the county.

             (4) Identify whether the county or any incorporated city in the county had an amount determined pursuant to subparagraph (2) that was less than or equal to the amount determined for the county or incorporated city, as applicable, pursuant to subparagraph (1) and, if so:

                   (I) Subtract the amount determined pursuant to subparagraph (2) from the amount determined pursuant to subparagraph (1); and

                   (II) Add the amounts determined pursuant to sub-subparagraph (I) for the county and all incorporated cities in the county.

             (5) Subtract the amount determined pursuant to sub-subparagraph (II) of subparagraph (4) from the amount determined pursuant to sub-subparagraph (II) of subparagraph (3).

             (6) Divide the amount determined pursuant to sub-subparagraph (I) of subparagraph (3) for the county and each incorporated city in the county by the sum determined pursuant to sub-subparagraph (II) of subparagraph (3) for the county and all incorporated cities in the county to determine the county’s and each incorporated city’s percentage share of the sum determined pursuant to sub-subparagraph (II) of subparagraph (3).

             (7) In addition to the allocation made pursuant to subparagraph (1), allocate to the county and each incorporated city in the county that is identified pursuant to subparagraph (3) a percentage of the total amount determined pursuant to subparagraph (5) that is equal to the percentage determined pursuant to subparagraph (6).

      (c) At the end of each fiscal year, the Department shall:

             (1) Determine the total amount to be allocated to a county and each incorporated city within the county pursuant to paragraph (b) for the current fiscal year; and

             (2) Use the amount equal to that part of the allocation which represents 2.35 cents per gallon of the proceeds of the tax paid by a dealer, supplier or user for June of the current fiscal year to allocate to a county and each incorporated city in the county an amount determined pursuant to paragraph (d).

      (d) If the total amount to be allocated to a county and all incorporated cities in the county determined pursuant to subparagraph (1) of paragraph (c):

 


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

ê2015 Statutes of Nevada, Page 532 (Chapter 135, AB 366)ê

 

             (1) Does not exceed the total amount that was received by the county and all the incorporated cities in the county for the fiscal year ending on June 30, 2005, the Department shall adjust the final monthly amount allocated to the county and each incorporated city in the county so that the county and each incorporated city is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county or incorporated city, as applicable, in the fiscal year ending on June 30, 2005.

             (2) Exceeds the total amount that was received by the county and all incorporated cities in the county for the fiscal year ending on June 30, 2005, the Department shall:

                   (I) Identify the total amount allocated to the county and each incorporated city in the county for the fiscal year ending on June 30, 2005, and the total amount for the current fiscal year determined pursuant to subparagraph (1) of paragraph (c);

                   (II) Apply the formula set forth in subparagraph (2) of paragraph (b) using the amounts in sub-subparagraph (I), instead of the monthly amounts, to determine the total allocations to be made to the county and the incorporated cities in the county for the current fiscal year; and

                   (III) Adjust the final monthly allocation to be made to the county and each incorporated city in the county to ensure that the total allocations for the current fiscal year equal the amounts determined pursuant to sub-subparagraph (II).

      5.  The amount allocated to the counties and incorporated cities pursuant to subsections 1 to 4, inclusive, must be remitted monthly. The State Controller shall draw his or her warrants payable to the county treasurer of each of the several counties and the city treasurer of each of the several incorporated cities, as applicable, and the State Treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.

      6.  The formula computations must be made as of July 1 of each year by the Department of Motor Vehicles, based on estimates which must be furnished by the Department of Transportation and, if applicable, any adjustments to the estimates determined to be appropriate by the Committee pursuant to subsection 10. Except as otherwise provided in subsection 10, the determination made by the Department of Motor Vehicles is conclusive.

      7.  The Department of Transportation shall complete:

      (a) The estimates of the total mileage of improved roads or streets maintained by each county and incorporated city on or before August 31 of each year.

      (b) A physical audit of the information submitted by each county and incorporated city pursuant to subsection 8 at least once every 10 years.

      8.  Each county and incorporated city shall, not later than March 1 of each year, submit a list to the Department of Transportation setting forth:

      (a) Each improved road or street that is maintained by the county or city; and

      (b) The beginning and ending points and the total mileage of each of those improved roads or streets.

Ê Each county and incorporated city shall, at least 10 days before the list is submitted to the Department of Transportation, hold a public hearing to identify and determine the improved roads and streets maintained by the county or city.

 


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

ê2015 Statutes of Nevada, Page 533 (Chapter 135, AB 366)ê

 

      9.  If a county or incorporated city does not agree with the estimates prepared by the Department of Transportation pursuant to subsection 7, the county or incorporated city may request that the Committee examine the estimates and recommend an adjustment to the estimates. Such a request must be submitted to the Committee not later than October 15.

      10.  The Committee shall hold a public hearing and review any request it receives pursuant to subsection 9 and determine whether an adjustment to the estimates is appropriate on or before December 31 of the year it receives a request pursuant to subsection 9. Any determination made by the Committee pursuant to this subsection is conclusive.

      11.  The Committee shall monitor the fiscal impact of the formula set forth in this section on counties and incorporated cities. Biennially, the Committee shall prepare a report concerning its findings and recommendations regarding that fiscal impact and submit the report on or before February 15 of each odd-numbered year to the Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Committees on Taxation of the Nevada Legislature for their review.

      12.  As used in this section:

      (a) “Committee” means the Committee on Local Government Finance created pursuant to NRS 354.105.

      (b) [“Construction, maintenance and repair” includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a county or city road and is necessary for the safe and efficient use of that road, including, without limitation:

            (1) Grades and regrades;

             (2) Graveling, oiling, surfacing, macadamizing and paving;

             (3) Sweeping, cleaning and sanding roads and removing snow from a road;

             (4) Crosswalks and sidewalks;

             (5) Culverts, catch basins, drains, sewers and manholes;

             (6) Inlets and outlets;

             (7) Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;

             (8) Artificial lights and lighting equipment, parkways, control of vegetation and sprinkling facilities;

             (9) Rights-of-way;

             (10) Grade and traffic separators;

             (11) Fences, cattle guards and other devices to control access to a county or city road;

             (12) Signs and devices for the control of traffic; and

             (13) Facilities for personnel and the storage of equipment used to construct, maintain or repair a county or city road.

      (c)] “Improved road or street” means a road or street that is, at least:

             (1) Aligned and graded to allow reasonably convenient use by a motor vehicle; and

             (2) Drained sufficiently by a longitudinal and transverse drainage system to prevent serious impairment of the road or street by surface water.

      [(d)](c) “Total mileage of an improved road or street” means the total mileage of the length of an improved road or street, without regard to the width of that road or street or the number of lanes [it] the road or street has for vehicular traffic.

 


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

ê2015 Statutes of Nevada, Page 534 (Chapter 135, AB 366)ê

 

      Sec. 7. NRS 365.560 is hereby amended to read as follows:

      365.560  1.  The receipts of the tax levied pursuant to NRS 365.190 must be allocated monthly by the Department to the counties in which the payment of the tax originates pursuant to the formula set forth in subsection 2.

      2.  The receipts must be apportioned by the Department between the county, towns with town boards as organized under NRS 269.016 to 269.019, inclusive, and incorporated cities within the county in the same ratio as the assessed valuation of property within the boundaries of the towns or incorporated cities within the county bears to the total assessed valuation of property within the county, including property within the towns or incorporated cities.

      3.  Any money apportioned to a county pursuant to subsection 2 must be expended by the county solely for:

      (a) The service and redemption of revenue bonds issued pursuant to chapter 373 of NRS; and

      (b) The construction, maintenance and repair of [the public highways of the] county [; and

      (c) The purchase of equipment for that construction, maintenance and repair.

Ê The money must not be used to defray the expenses of administration.] rights-of-way.

      4.  Any money apportioned to towns or incorporated cities pursuant to subsection 2 must be expended only [upon the streets, alleys and public highways of the town or city,] for the construction, maintenance and repair of rights-of-way, other than state highways, under the direction and control of the governing body of the town or city.

      [5.  As used in this section, “construction, maintenance and repair” has the meaning ascribed to it in NRS 365.550.]

      Sec. 8. NRS 365.562 is hereby amended to read as follows:

      365.562  1.  The receipts of the tax as levied in NRS 365.192 must be allocated monthly by the Department to the counties in proportion to the number of gallons of fuel that are sold to the retailers in each county pursuant to the information contained in the statements provided to the Department pursuant to NRS 365.192.

      2.  The Department must apportion the receipts of that tax among the county, for unincorporated areas of the county, and each incorporated city in the county. The county and each city are respectively entitled to receive each month that proportion of those receipts which its total population bears to the total population of the county.

      3.  The money apportioned to the county or a city must be used by [it solely to] the county or city for the construction, maintenance and repair [or restore existing paved roads, streets and alleys,] of the rights-of-way in the county or city, other than those maintained by the Federal Government and this State . [, by resurfacing, overlaying, resealing or other such customary methods.]

      Sec. 9.  This act becomes effective on July 1, 2015.

________

 


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

ê2015 Statutes of Nevada, Page 535ê

 

CHAPTER 136, AB 419

Assembly Bill No. 419–Committee on Judiciary

 

CHAPTER 136

 

[Approved: May 21, 2015]

 

AN ACT relating to unclaimed property; clarifying the applicability of the Uniform Unclaimed Property Act; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Uniform Unclaimed Property Act, which sets forth various provisions relating to the disposition of certain abandoned property. (Chapter 120A of NRS) This bill clarifies that the provisions of the Act do not apply to tangible property held in a safe-deposit box or other safekeeping depository which is not maintained by: (1) a bank or other financial institution; or (2) a safe-deposit company.

 

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 120A of NRS is hereby amended by adding thereto a new section to read as follows:

      The provisions of this chapter do not apply to tangible property held in a safe-deposit box or other safekeeping depository which is not maintained by:

      1.  A bank or other financial institution; or

      2.  A safe-deposit company.

      Sec. 2.  This act becomes effective on July 1, 2015.

________

CHAPTER 137, AB 422

Assembly Bill No. 422–Committee on Transportation

 

CHAPTER 137

 

[Approved: May 21, 2015]

 

AN ACT relating to motorcycles; prohibiting a local authority from enacting an ordinance which conflicts with certain state laws governing the operation and equipment of a motorcycle or moped; revising provisions governing handlebars on a motorcycle or moped; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides various requirements and limitations on the operation and equipment of a motorcycle or a moped. (NRS 486.181-486.361) Section 1 of this bill prohibits a local authority from enacting an ordinance governing the operation and equipment of a motorcycle or a moped which is in conflict with any existing state laws.

 


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

ê2015 Statutes of Nevada, Page 536 (Chapter 137, AB 422)ê

 

      Under existing law, a person is prohibited from driving a motorcycle or a moped equipped with handlebars which extend above the driver’s shoulders. (NRS 486.201) Section 2 of this bill provides that handlebars may extend not more than 6 inches above the driver’s shoulders.

 

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 486 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The provisions of this section and NRS 486.181 to 486.361, inclusive, are applicable and uniform throughout this State.

      2.  A local authority shall not enact an ordinance governing the operation and equipment of a motorcycle or moped which is in conflict with any of the provisions of this section and NRS 486.181 to 486.361, inclusive.

      Sec. 2. NRS 486.201 is hereby amended to read as follows:

      486.201  A person shall not drive a motorcycle or moped equipped with handlebars which extend more than 6 inches above the uppermost portion of the driver’s shoulders when the driver sits on the seat and the seat is depressed by the weight of the driver.

________

CHAPTER 138, AB 454

Assembly Bill No. 454–Committee on Commerce and Labor

 

CHAPTER 138

 

[Approved: May 21, 2015]

 

AN ACT relating to manufactured housing; revising provisions governing continuing education of managers and assistant managers of manufactured home parks; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes various provisions governing manufactured home parks. (Chapter 118B of NRS) Under existing law, each manager and assistant manager of a manufactured home park is required to complete annually 6 hours of continuing education relating to the management of a manufactured home park. (NRS 118B.086) This bill limits the applicability of that provision to managers and assistant managers of manufactured home parks consisting of 6 or more manufactured home lots.

 

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.)

 


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

ê2015 Statutes of Nevada, Page 537 (Chapter 138, AB 454)ê

 

      Sec. 2. NRS 118B.086 is hereby amended to read as follows:

      118B.086  1.  Each manager and assistant manager of a manufactured home park [which has 2 or more lots] consisting of 6 or more lots shall complete annually 6 hours of continuing education relating to the management of a manufactured home park.

      2.  The Administrator shall adopt regulations specifying the areas of instruction for the continuing education required by subsection 1.

      3.  The instruction must include, but is not limited to, information relating to:

      (a) The provisions of chapter 118B of NRS;

      (b) Leases and rental agreements;

      (c) Unlawful detainer and eviction as set forth in NRS 40.215 to 40.425, inclusive;

      (d) The resolution of complaints and disputes concerning landlords and tenants of manufactured home parks; and

      (e) The adoption and enforcement of the rules and regulations of a manufactured home park.

      4.  Each course of instruction and the instructor of the course must be approved by the Administrator. The Administrator shall adopt regulations setting forth the procedure for applying for approval of an instructor and course of instruction. The Administrator may require submission of such reasonable information by an applicant as the Administrator deems necessary to determine the suitability of the instructor and the course. The Administrator shall not approve a course if the fee charged for the course is not reasonable. Upon approval, the Administrator shall designate the number of hours of credit allowable for the course.

      Sec. 3. NRS 118B.087 is hereby amended to read as follows:

      118B.087  1.  There are hereby created two regions to provide courses of continuing education pursuant to NRS 118B.086. One region is the northern region consisting of the counties of Washoe, Storey, Douglas, Lyon, Churchill, Pershing, Humboldt, Lander, Elko, Eureka, Mineral, White Pine and Carson City, and one region is the southern region consisting of the counties of Lincoln, Nye, Esmeralda and Clark.

      2.  The person who applied for approval of a course or his or her designee shall notify the Administrator of the date and location each time the course is offered, as soon as practicable after scheduling the course.

      3.  The Administrator shall ensure that a course of continuing education is offered at least every 6 months in each region. If the Administrator finds that no approved course will be offered to meet the requirements of this subsection, the Administrator shall offer the course and charge a reasonable fee for each person enrolled in the course.

      4.  If the fees collected by the Administrator for the course do not cover the cost of offering the course, the Administrator shall determine the difference between the fees collected and the cost of offering the course, divide that amount by the number of manufactured home parks [which have 2 lots or more] consisting of 6 or more lots in the region in which the course was held and assess that amount to each landlord of such a manufactured home park. The landlord shall pay the assessment within 30 days after it was mailed by the Administrator.

________

 


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

ê2015 Statutes of Nevada, Page 538ê

 

CHAPTER 139, SB 186

Senate Bill No. 186–Senators Brower and Ford

 

CHAPTER 139

 

[Approved: May 21, 2015]

 

AN ACT relating to claims against the State; providing for the recovery of attorney’s fees and litigation expenses by prevailing parties in criminal actions under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under what is commonly called the “American Rule,” each party to a legal proceeding is generally expected to pay its own attorney’s fees and litigation expenses regardless of the outcome of the case. Federal law, however, establishes an exception to the American Rule that enables a party who is acquitted or otherwise prevails against the Federal Government in a criminal action, and who meets certain eligibility requirements, to recover some or all of the attorney’s fees and other litigation expenses incurred by the party if a court determines that the Federal Government’s position in the action was vexatious, frivolous or in bad faith. Federal law also requires that any award must be paid by the particular agency of the Federal Government over which the party prevailed. (Act Nov. 26, 1997, Pub. L. No. 105-119, § 617, 111 Stat. 2519 (codified as 18 U.S.C. § 3006A note))

      This bill adopts various provisions, modeled after federal law, to enable eligible parties that prevail over the State of Nevada in a criminal action to recover some or all of their attorney’s fees and litigation expenses if a court finds that the position of the State in the criminal action was vexatious, frivolous or in bad faith.

 

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 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A court may, in a criminal action, award to a prevailing party, other than the State, reasonable attorney’s fees and litigation expenses incurred by the party in the criminal action if the court finds that the position of the State was vexatious, frivolous or in bad faith.

      2.  A prevailing party that wishes to obtain an award pursuant to this section must, within 30 days after final judgment in the criminal action, submit to the court an application for attorney’s fees and litigation expenses. The application must include, without limitation:

      (a) A showing that the party is:

             (1) A prevailing party; and

             (2) Eligible to receive an award as set forth in subsection 3;

      (b) An allegation that the position of the State in the criminal action was vexatious, frivolous or in bad faith; and

      (c) A statement of the amount sought, accompanied by an itemized statement from any attorney, expert witness or other person that represented or appeared in the criminal action on behalf of the party that states the actual time expended and the rate at which fees and other expenses were computed.

 


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

ê2015 Statutes of Nevada, Page 539 (Chapter 139, SB 186)ê

 

      3.  A prevailing party is not eligible for an award pursuant to subsection 1 if he or she was represented by a county or state public defender or by other appointed counsel whose expenses were paid by the public.

      4.  To determine whether or not to award attorney’s fees and litigation expenses under this section, the court, for good cause shown, may receive evidence and testimony ex parte and in camera. Such evidence and testimony may include, without limitation, evidence and testimony that reveals or might reveal confidential information, the identity of an informant or undercover agent or matters occurring before a grand jury. Evidence or testimony so received must be kept under seal.

      5.  Attorney’s fees and litigation expenses awarded pursuant to this section must be paid by the department, division, board, bureau, commission or other agency or political subdivision of the State over which the party prevailed. The award must be paid in the same manner as other claims against the department, division, board, bureau, commission or other agency or political subdivision are paid.

      6.  If the State appeals an award of attorney’s fees or litigation expenses made pursuant to this section and the award is affirmed in whole or in part, interest must be paid on the amount of the award as affirmed. The interest must:

      (a) Be computed at the rate most recently established pursuant to NRS 99.040; and

      (b) Run from the date of the award through the day before the date on which the award is affirmed.

      7.  For the purposes of this section, a party prevails over the State in a criminal action if the party:

      (a) Is acquitted or obtains a dismissal with prejudice of all or substantially all charges brought against the party in the criminal action; or

      (b) Obtains a dismissal without prejudice of all or substantially all charges brought against the party in the criminal action or a mistrial, so long as it is not the result of circumstances attributable to the party, but only if the court finds it unlikely that a new criminal action will be brought against the party with respect to those charges.

      8.  As used in this section:

      (a) “Court” means a district court or justice court.

      (b) “Final judgment” means a judgment from which no appeal may be taken or for which the time for taking an appeal has expired.

      (c) “Litigation expenses” includes, without limitation, the reasonable expenses of expert witnesses and the reasonable cost of any study, analysis, engineering report, test or project which is found by the court to be necessary for the preparation of the prevailing party’s criminal action.

      (d) “State” means the State of Nevada and any department, division, board, bureau, commission or other agency or political subdivision of the State or an officer or employee thereof acting in his or her official capacity.

      Sec. 2.  The provisions of this act apply to any criminal action that is pending on October 1, 2015, or which is brought on or after that date.

________

 


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

ê2015 Statutes of Nevada, Page 540ê

 

CHAPTER 140, AB 11

Assembly Bill No. 11–Committee on Judiciary

 

CHAPTER 140

 

[Approved: May 22, 2015]

 

AN ACT relating to criminal procedure; revising the limitation of time for disclosure of the factual content of reports of presentence investigations and certain recommendations by the Division of Parole and Probation of the Department of Public Safety; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Division of Parole and Probation of the Department of Public Safety to disclose the factual content of the report of any presentence investigation and the recommendations of the Division to the prosecuting attorney, the counsel for the defendant, the defendant and the court not later than 21 working days before the defendant will be sentenced, unless the defendant waives this minimum period. (NRS 176.153) This bill decreases the time limitation for such disclosure from 21 working days to 14 calendar days.

 

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 176.153 is hereby amended to read as follows:

      176.153  Except as otherwise provided in this section, the Division shall disclose to the prosecuting attorney, the counsel for the defendant, the defendant and the court, not later than [21 working] 14 calendar days before the defendant will be sentenced, the factual content of the report of any presentence investigation made pursuant to NRS 176.135 and the recommendations of the Division. The defendant may waive the minimum period required by this section.

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

________

CHAPTER 141, AB 268

Assembly Bill No. 268–Committee on Health and Human Services

 

CHAPTER 141

 

[Approved: May 22, 2015]

 

AN ACT relating to foster care; authorizing a licensing authority to conduct a background check on a person who routinely supervises a child in a foster home; requiring an applicant or person licensed to conduct a foster home to prevent such a person from being present in the foster home if the background check reports certain prior criminal convictions of the person; allowing a person who routinely supervises a child in a foster home for whom an investigation is conducted an opportunity to correct such information; and providing other matters properly relating thereto.

 


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

ê2015 Statutes of Nevada, Page 541 (Chapter 141, AB 268)ê

 

Legislative Counsel’s Digest:

      Existing law requires a person to be licensed to conduct a foster home. (NRS 424.030) Existing law requires the licensing authority that licenses foster homes to obtain certain information on the background and personal history of each applicant for a license, person who is licensed to conduct a foster home, employee of that applicant or licensee and certain residents of a foster home who are 18 years of age or older. (NRS 424.031) Section 1 of this bill authorizes the licensing authority or a person designated by the licensing authority to obtain such information on a person who is 18 years of age or older who routinely supervises a child in a foster home.

      Existing law requires each applicant for a license to conduct a foster home, person who is licensed to conduct a foster home, employee of that applicant or licensee and certain residents of a foster home who are 18 years of age or older to submit a complete set of fingerprints and certain documentation to the licensing authority that licenses foster homes. If the licensing authority determines that the applicant or licensee has committed a certain crime, the licensing authority may deny, suspend or revoke the license. If the licensing authority determines that an employee or certain resident who is 18 years of age or older has committed a certain crime, the licensee is required to terminate the employment of that person, and may be subject to discipline for failing to do so. (NRS 424.033) Section 2 of this bill requires a person who is 18 years of age or older who routinely supervises a child in a foster home for whom an investigation is conducted pursuant to section 1 to submit to the same background investigation by the licensing authority that licenses foster homes. In addition, if the licensing authority that licenses foster homes determines that the person has been convicted of a certain offense, the applicant or licensee is required to ensure that the person is not present in the home and may be subject to discipline for failing to do so.

      Existing law requires an applicant or licensee to terminate the employment of an employee or remove a resident from the foster home upon receiving certain information regarding prior criminal convictions of the employee or resident. Existing law also provides such an employee or resident an opportunity to correct such information before being terminated. (NRS 424.0335) Section 3 of this bill requires a licensee to prevent any person who is 18 years of age or older who routinely supervises a child in a foster home for whom an investigation is conducted pursuant to section 1 from continuing to supervise a child in the foster home upon receiving such information about the person and allows the person to correct such information.

 

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 424.031 is hereby amended to read as follows:

      424.031  1.  The licensing authority or a person or entity designated by the licensing authority shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for a license to conduct a foster home, person who is licensed to conduct a foster home, employee of that applicant or licensee, and resident of a foster home who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, to determine whether the person investigated has been arrested for, has charges pending for or has been convicted of:

      (a) Murder, voluntary manslaughter or mayhem;

      (b) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon;

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

 


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

ê2015 Statutes of Nevada, Page 542 (Chapter 141, AB 268)ê

 

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

      (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;

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

      (i) Any offense relating to pornography involving minors, including, without limitation, a violation of any provision of NRS 200.700 to 200.760, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

      (j) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punishable as a misdemeanor, within the immediately preceding 7 years;

      (k) A crime involving domestic violence that is punishable as a felony;

      (l) A crime involving domestic violence that is punishable as a misdemeanor, within the immediately preceding 7 years;

      (m) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

      (n) Any offense involving the sale, furnishing, purchase, consumption or possession of alcoholic beverages by a minor including, without limitation, a violation of any provision of NRS 202.015 to 202.067, inclusive, or driving a vehicle under the influence of alcohol or a controlled substance in violation of chapter 484C of NRS or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years; or

      (o) An attempt or conspiracy to commit any of the offenses listed in this subsection within the immediately preceding 7 years.

      2.  A licensing authority or a person or entity designated by the licensing authority may conduct an investigation of the background and personal history of a person who is 18 years of age or older who routinely supervises a child in a foster home in the same manner as described in subsection 1.

      3.  The licensing authority or its approved designee may charge each person investigated pursuant to this section for the reasonable cost of that investigation.

      [3.] 4.  Unless a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history has been conducted pursuant to NRS 424.039, a person who is required to submit to an investigation pursuant to [this section] subsection 1 shall not have contact with a child in a foster home without supervision before the investigation of the background and personal history of the person has been conducted.

      [4.] 5.  The licensing authority or its designee [shall] :

 


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

ê2015 Statutes of Nevada, Page 543 (Chapter 141, AB 268)ê

 

      (a) Shall conduct an investigation of each licensee, employee and resident pursuant to this section at least once every 5 years after the initial investigation [.] ; and

      (b) May conduct an investigation of any person who is 18 years of age or older who routinely supervises a child in a foster home at such times as it deems appropriate.

      Sec. 2. NRS 424.033 is hereby amended to read as follows:

      424.033  1.  Each applicant for a license to conduct a foster home, person who is licensed to conduct a foster home, employee of that applicant or licensee, [or] resident of a foster home who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or person who is 18 years of age or older who routinely supervises a child in a foster home for whom an investigation is conducted pursuant to subsection 2 of NRS 424.031, must submit to the licensing authority or its approved designee:

      (a) A complete set of fingerprints and written permission authorizing the licensing authority or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report to enable the licensing authority or its approved designee to conduct an investigation pursuant to NRS 424.031; and

      (b) Written permission to conduct a child abuse and neglect screening.

      2.  For each person who submits the documentation required pursuant to subsection 1, the licensing authority or its approved designee shall conduct a child abuse and neglect screening of the person in every state in which the person has resided during the immediately preceding 5 years.

      3.  The licensing authority or its approved designee may exchange with the Central Repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted.

      4.  The Division shall assist the licensing authority of another state that is conducting a child abuse and neglect screening of a person who has resided in this State by providing information which is necessary to conduct the screening if the person who is the subject of the screening has signed a written permission authorizing the licensing authority to conduct a child abuse and neglect screening. The Division may charge a fee for providing such information in an amount which does not exceed the actual cost to the Division to provide the information.

      5.  When a report from the Federal Bureau of Investigation is received by the Central Repository, it shall immediately forward a copy of the report to the licensing authority or its approved designee.

      6.  Upon receiving a report pursuant to this section, the licensing authority or its approved designee shall determine whether the person has been convicted of a crime listed in NRS 424.031.

      7.  The licensing authority shall immediately inform the applicant for a license to conduct a foster home or the person who is licensed to conduct a foster home whether an employee or resident of the foster home , or any other person who is 18 years of age or older who routinely supervises a child in the foster home for whom an investigation was conducted pursuant to subsection 2 of NRS 424.031, has been convicted of a crime listed in NRS 424.031. The information provided to the applicant for a license to conduct a foster home or the person who is licensed to conduct a foster home must not include specific information relating to any such conviction, including, without limitation, the specific crime for which the person was convicted.

 


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

ê2015 Statutes of Nevada, Page 544 (Chapter 141, AB 268)ê

 

foster home must not include specific information relating to any such conviction, including, without limitation, the specific crime for which the person was convicted.

      8.  The licensing authority may deny an application for a license to operate a foster home or may suspend or revoke such a license if the licensing authority determines that the applicant or licensee has been convicted of a crime listed in NRS 424.031 or has failed to terminate an employee , [or] remove a resident of the foster home who is 18 years of age or older [and] or prevent a person for whom an investigation was conducted pursuant to subsection 2 of NRS 424.031 from being present in the foster home, if such a person has been convicted of any crime listed in NRS 424.031.

      Sec. 3. NRS 424.0335 is hereby amended to read as follows:

      424.0335  1.  Upon receiving information from the licensing authority or its designee pursuant to NRS 424.033 or evidence from any other source that an employee of an applicant for a license to conduct a foster home , [or] a person who is licensed to conduct a foster home or a resident of an applicant or licensee who is 18 years of age or older , or any other person who is 18 years of age or older who routinely supervises a child in a foster home for whom an investigation was conducted pursuant to subsection 2 of NRS 424.031, has been convicted of a crime listed in NRS 424.031, the applicant or licensee shall terminate the employment of the employee , [or] remove the resident from the foster home or prevent the person who is 18 years of age or older who routinely supervises a child in the foster home from being present in the home after allowing the employee , [or] resident or other person time to correct the information as required pursuant to subsection 2.

      2.  If an employee , [or] resident or other person who is 18 years of age or older who routinely supervises a child in a foster home believes that the information provided pursuant to subsection 1 is incorrect, the employee , [or] resident or other person must inform the applicant or licensee immediately. An applicant or licensee that is so informed shall give the employee , [or] resident or other person 30 days to correct the information.

      3.  During the period in which an employee , [or] resident or other person who is 18 years of age or older who routinely supervises a child in a foster home seeks to correct information pursuant to subsection 2, it is within the discretion of the applicant or licensee whether to allow the employee , [or] resident or other person to continue to work for , [or] reside at or provide supervision of a child in the foster home, as applicable, except that the employee , [or] resident or other person shall not have contact with a child in the foster home without supervision during any such period.

      Sec. 4. (Deleted by amendment.)

      Sec. 5. NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the General Services Division of the Department.

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

      (b) Submit the information collected to the Central Repository in the manner approved by the Director of the Department.

 


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

ê2015 Statutes of Nevada, Page 545 (Chapter 141, AB 268)ê

 

      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates or issues, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division. The information must be submitted to the Division:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Ê within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.

      4.  The Division shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Records of criminal history; and

             (2) The DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913.

      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.

      (c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      (d) Upon request, provide, in paper or electronic form, the information that is contained in the Central Repository to a multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored by the Attorney General pursuant to NRS 228.495.

      5.  The Division may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the Central Repository submits to the Federal Bureau of Investigation and:

             (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

             (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

             (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

 


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

ê2015 Statutes of Nevada, Page 546 (Chapter 141, AB 268)ê

 

             (4) For whom such information is required or authorized to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.123 and 449.4329; or

             (5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

Ê To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to this subsection, the Central Repository must receive the person’s complete set of fingerprints from the agency or political subdivision and submit the fingerprints to the Federal Bureau of Investigation for its report.

      6.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

      (d) Investigate the criminal history of any person who:

             (1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;

             (2) Has applied to a county school district, charter school or private school for employment; or

             (3) Is employed by a county school district, charter school or private school,

Ê and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,

Ê who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.

 


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

ê2015 Statutes of Nevada, Page 547 (Chapter 141, AB 268)ê

 

      (f) Investigate the criminal history of each person who submits fingerprints or has fingerprints submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329.

      (g) On or before July 1 of each year, prepare and present to the Governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the Governor throughout the year regarding specific areas of crime if they are approved by the Director of the Department.

      (h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this State.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      7.  The Central Repository may:

      (a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      8.  As used in this section:

      (a) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

             (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person; and

             (2) The fingerprints, voiceprint, retina image and iris image of a person.

      (b) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 6.  This act becomes effective on July 1, 2015.

________

 


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

ê2015 Statutes of Nevada, Page 548ê

 

CHAPTER 142, AB 116

Assembly Bill No. 116– Assemblywomen Bustamante Adams and Neal

 

CHAPTER 142

 

[Approved: May 22, 2015]

 

AN ACT relating to economic development; revising the membership of the Regional Business Development Advisory Council for Clark County; providing that certain entities participating in the Council are nonvoting members; revising provisions relating to certain reports submitted to the Council; clarifying the requirement that the Council submit certain reports to the Director of the Legislative Counsel Bureau; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      In 2003, the Nevada Legislature created by special act the Regional Business Development Advisory Council for Clark County for the purpose of addressing the economic development of local businesses owned and operated by certain disadvantaged persons. (Chapter 7, Statutes of Nevada 2003, 20th Special Session, p. 268) Pursuant to existing law, membership of the Council consists of representatives from: (1) certain governmental entities and private nonprofit entities that are required to participate; and (2) certain other governmental, private and nonprofit entities that request to participate in the Council. (Section 15 of chapter 7, Statutes of Nevada 2003, 20th Special Session, p. 268) Section 1 of this bill amends the membership of the Council to: (1) eliminate the representatives from the Housing Authority of the City of Las Vegas, Housing Authority of the City of North Las Vegas, Clark County Health District, Clark County Housing Authority, Clark County Sanitation District, the Las Vegas Urban Chamber of Commerce and the Hispanic Business Roundtable; and (2) add representatives from the Southern Nevada Health District and the Southern Nevada Regional Housing Authority. Section 1 also provides that representatives of the entities that request to participate in the Council are nonvoting members.

      Existing law requires those governmental entities which are required to participate in the membership of the Council to report annually to the Council certain information regarding the expenditures of the entities and their efforts to encourage the economic development of businesses owned by disadvantaged persons. (Section 20 of chapter 7, Statutes of Nevada 2003, 20th Special Session, p. 269) Section 2 of this bill amends the reporting requirement.

      Existing law requires the Council to submit a biennial report to the Director of the Legislative Counsel Bureau. (Section 20 of chapter 7, Statutes of Nevada 2003, 20th Special Session, p. 269) Section 2 further clarifies that the biennial report is submitted to the Director for transmittal to the next regular session of the Legislature.

      Existing law generally provides that any provision of state legislation enacted or revised after July 1, 2013, which adds or revises a requirement to submit a report to the Legislature must expire by limitation 5 years after the effective date of the addition or revision of the requirement. (NRS 218D.380) Section 3 of this bill provides that this provision does not apply to the reporting requirements of the Council.

 


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

ê2015 Statutes of Nevada, Page 549 (Chapter 142, AB 116)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. Section 15 of the Regional Business Development Advisory Council for Clark County Act, being chapter 7, Statutes of Nevada 2003, 20th Special Session, at page 268, is hereby amended to read as follows:

       Sec. 15.  1.  The Regional Business Development Advisory Council for Clark County is hereby created. Except as otherwise provided in subsection 2, the Council consists of a single representative from each of the following entities:

       (a) City of Henderson.

       (b) Henderson Library District.

       (c) City of Las Vegas.

       (d) [Housing Authority of the City of Las Vegas.

       (e)] City of North Las Vegas.

       [(f) Housing Authority of the City of North Las Vegas.

       (g)](e) Clark County.

       [(h) Clark County Health District.

       (i) Clark County Housing Authority.

       (j)](f) Clark County Regional Flood Control District.

       [(k) Clark County Sanitation District.

       (l)](g) Clark County Water Reclamation District.

       [(m)](h) Clark County School District.

       [(n)](i) College of Southern Nevada.

       [(o)](j) Las Vegas-Clark County Library District.

       [(p)](k) Las Vegas Convention and Visitors Authority.

       [(q)](l) Las Vegas Valley Water District.

       [(r)](m) Regional Transportation Commission of Southern Nevada.

       [(s)](n) Southern Nevada Health District.

       (o) Southern Nevada Regional Housing Authority.

       (p) Southern Nevada Water Authority.

       [(t)](q) University Medical Center of Southern Nevada.

       [(u)](r) University of Nevada, Las Vegas.

       [(v)](s) Department of Transportation.

       [(w) Las Vegas Urban Chamber of Commerce.

       (x) Hispanic Business Roundtable.]

       2.  The Board of County Commissioners of Clark County, in consultation with the [Las Vegas Urban Chamber of Commerce,] Council, shall solicit and encourage participation in the Council by other governmental entities, private nonprofit entities organized to promote business or encourage participation in government, and private entities that employ 500 or more persons. Any such entity that requests to participate in the Council must be included as a nonvoting member of the Council.

 


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

ê2015 Statutes of Nevada, Page 550 (Chapter 142, AB 116)ê

 

      Sec. 2. Section 20 of the Regional Business Development Advisory Council for Clark County Act, being chapter 7, Statutes of Nevada 2003, 20th Special Session, at page 269, is hereby amended to read as follows:

       Sec. 20.  1.  The Council shall propose and implement policies, programs and procedures to encourage and promote the use of local businesses owned [or] and operated by disadvantaged persons, particularly in the area of contracting and procurement by public agencies in Clark County.

       2.  On or before November 1 of each year, each public entity which has a representative on the Council pursuant to subsection 1 of section 15 of this act shall prepare and deliver a written report to the Council for the immediately preceding fiscal year which contains:

       (a) The number of persons employed by the public entity, disaggregated by major ethnic and racial categories, including, without limitation, African-American, Asian, Caucasian, Hispanic and Native American.

       (b) [Capital expenditures] Expenditures made by the public entity [for] during the immediately preceding fiscal year, disaggregated by discretionary and nondiscretionary expenditures.

       (c) The percentage of [capital] expenditures paid by the public entity to [disadvantaged persons or] local businesses owned [or managed] and operated by disadvantaged persons, disaggregated by ethnic and racial categories and by gender.

       (d) A summary of the efforts and programs used by the public entity to encourage and increase the involvement in contracting by [disadvantaged persons and] local businesses owned [or managed] and operated by disadvantaged persons and any efforts or programs used by the public entity to encourage the economic development of [disadvantaged persons and] local businesses owned and operated by disadvantaged persons.

       (e) Such other information as the Council determines is necessary to achieve its goals.

       3.  The Council shall encourage each public [or] and private entity which has a representative on the Council pursuant to subsection 2 of section 15 of this act to prepare and deliver to the Council an annual report similar to the report required pursuant to subsection 2.

       4.  On or before January 15 of each odd-numbered year, the Council shall prepare a report regarding the policies, programs and procedures that the Council proposed and implemented during the immediately preceding 2 years to encourage and promote the use of local businesses owned and operated by disadvantaged persons, using the reports received pursuant to this section, and shall submit the report to the Director of the Legislative Counsel Bureau for transmittal to the [73rd Session] next regular session of the [Nevada] Legislature.

      Sec. 3.  The provisions of NRS 218D.380 do not apply to the reporting requirements of section 20 of the Regional Business Development Advisory Council for Clark County Act, being chapter 7, Statutes of Nevada 2003, 20th Special Session, at page 269, as amended by section 2 of this act.

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

________

 

Link to Page 551