[Rev. 10/12/2015 12:46:24 PM]

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ê2015 Statutes of Nevada, Page 551ê

 

CHAPTER 143, AB 4

Assembly Bill No. 4–Assemblyman Hickey

 

CHAPTER 143

 

[Approved: May 25, 2015]

 

AN ACT relating to wineries; revising provisions relating to the operation of a winery in this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a winery which is located in a county whose population is 100,000 or less (currently all counties other than Clark and Washoe Counties) and is federally bonded may: (1) import wine or juice from a bonded winery in another state for fermentation, mixing with other wine or aging in this State; (2) sell at retail or serve by the glass on its premises and at one other location any wine produced, blended or aged by the winery if the wine sold at that other location does not exceed a certain amount; and (3) serve any alcoholic beverage by the glass on its premises. (NRS 597.240) This bill deletes the restriction concerning the population of the county in which such a winery is located, and authorizes a winery located in any county in this State to import wine or juice for the purpose of producing, bottling, blending and aging wine. This bill imposes certain requirements concerning the percentage of wine produced, blended or aged by certain wineries that must be from fruit grown in this State. This bill also imposes certain restrictions governing the sale by a winery of wine produced by the winery and other alcoholic beverages. Additionally, this bill authorizes the State Board of Agriculture to adopt regulations relating to certain requirements established by the Federal Government for the labeling of bottles of wine.

 

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 597.210 is hereby amended to read as follows:

      597.210  1.  Except as otherwise provided in subsection 2 , [and NRS 597.240,] a person engaged in business as a supplier or engaged in the business of manufacturing, blending or bottling alcoholic beverages within or without this State shall not:

      (a) Engage in the business of importing, wholesaling or retailing alcoholic beverages; or

      (b) Operate or otherwise locate his or her business on the premises or property of another person engaged in the business of importing, wholesaling or retailing alcoholic beverages.

      2.  This section does not:

      (a) Preclude any person engaged in the business of importing, wholesaling or retailing alcoholic beverages from owning less than 2 percent of the outstanding ownership equity in any organization which manufactures, blends or bottles alcoholic beverages.

      (b) Prohibit a person engaged in the business of rectifying or bottling alcoholic beverages from importing neutral or distilled spirits in bulk only for the express purpose of rectification pursuant to NRS 369.415.

      (c) Prohibit a person from operating a brew pub pursuant to NRS 597.230.

 


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ê2015 Statutes of Nevada, Page 552 (Chapter 143, AB 4)ê

 

      (d) Prohibit a person from operating an instructional wine-making facility pursuant to NRS 597.245.

      (e) Prohibit a person from operating a craft distillery pursuant to NRS 597.235.

      (f) Prohibit a person from operating a winery pursuant to NRS 597.240.

      Sec. 2. NRS 597.240 is hereby amended to read as follows:

      597.240  1.  A winery [, located in a county whose population is 100,000 or less, if it] that is federally bonded [,] and permitted by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury and that has been issued a winemaker’s license pursuant to NRS 369.200 may:

      (a) Produce, bottle, blend and age wine.

      (b) Import wine or juice from a [bonded] winery that is located in another state [,] and that is federally bonded and permitted by the Alcohol and Tobacco Tax and Trade Bureau, to be fermented into wine or, if already fermented, to be mixed with other wine or aged in a suitable cellar, or both.

      [(b)]2.  A winery that has been issued a winemaker’s license pursuant to NRS 369.200 on or before September 30, 2015, may:

      (a) Sell at retail or serve by the glass, on its premises and at one other location, wine produced, blended or aged by the winery. The amount of wine sold at a location other than on the premises of the winery may not exceed 50 percent of the total volume of the wine sold by the winery.

      [(c)](b) Serve by the glass, on its premises, any alcoholic beverage.

      [2.]3.  A winery that is issued a winemaker’s license pursuant to NRS 369.200 on or after October 1, 2015:

      (a) If 25 percent or more of the wine produced, blended or aged by the winery is produced, blended or aged from fruit grown in this State, may sell at retail or serve by the glass, on its premises, wine produced, blended or aged by the winery.

      (b) If less than 25 percent of the wine produced, blended or aged by the winery is produced, blended or aged from fruit grown in this State, may sell at retail or serve by the glass, on its premises, not more than 1,000 cases of wine produced, blended or aged by the winery per calendar year.

      4.  The owner or operator of a winery shall not:

      (a) Except as otherwise provided in paragraph (b) of subsection 2, sell alcoholic beverages on the premises of the winery other than wine produced, blended or aged by the winery.

      (b) Produce, blend or age wine at any location other than on the premises of the winery.

      5.  The State Board of Agriculture may adopt regulations for the purposes of ensuring that a winery is in compliance with any requirements established by the Federal Government for labeling bottles of wine produced, blended or aged by the winery.

      6.  For the purposes of this section, an instructional wine-making facility is not a winery. [This section does not prohibit a person from operating an instructional wine-making facility in any county.]

 

 


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ê2015 Statutes of Nevada, Page 553 (Chapter 143, AB 4)ê

 

      Sec. 3. Section 2 of this act is hereby amended to read as follows:

       Sec. 2.  NRS 597.240 is hereby amended to read as follows:

       597.240  1.  A winery that is federally bonded and permitted by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury and that has been issued a winemaker’s license pursuant to NRS 369.200 may:

       (a) Produce, bottle, blend and age wine.

       (b) Import wine or juice from a winery that is located in another state and that is federally bonded and permitted by the Alcohol and Tobacco Tax and Trade Bureau, to be fermented into wine or, if already fermented, to be mixed with other wine or aged in a suitable cellar, or both.

       2.  A winery that has been issued a winemaker’s license pursuant to NRS 369.200 on or before September 30, 2015, may:

      (a) [Sell] Within the limits prescribed by subsection 3, sell at retail or serve by the glass, on its premises and at one other location, wine produced, blended or aged by the winery. The amount of wine sold at a location other than on the premises of the winery may not exceed 50 percent of the total volume of the wine sold by the winery.

       (b) Serve by the glass, on its premises, any alcoholic beverage.

       3.  A winery that is issued a winemaker’s license pursuant to NRS 369.200 : [on or after October 1, 2015:]

      (a) If 25 percent or more of the wine produced, blended or aged by the winery is produced, blended or aged from fruit grown in this State, may sell at retail or serve by the glass, on its premises [,] and, if applicable, at one other location, wine produced, blended or aged by the winery.

      (b) If less than 25 percent of the wine produced, blended or aged by the winery is produced, blended or aged from fruit grown in this State, may sell at retail or serve by the glass, on its premises [,] and, if applicable, at one other location, not more than 1,000 cases of wine produced, blended or aged by the winery per calendar year.

       4.  The owner or operator of a winery shall not:

       (a) Except as otherwise provided in paragraph (b) of subsection 2, sell alcoholic beverages on the premises of the winery other than wine produced, blended or aged by the winery.

       (b) Produce, blend or age wine at any location other than on the premises of the winery.

       5.  The State Board of Agriculture may adopt regulations for the purposes of ensuring that a winery is in compliance with any requirements established by the Federal Government for labeling bottles of wine produced, blended or aged by the winery.

       6.  For the purposes of this section, an instructional wine-making facility is not a winery.

      Sec. 4.  1.  This section and sections 1 and 2 of this act become effective on October 1, 2015.

      2.  Section 3 of this act becomes effective on October 1, 2025.

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ê2015 Statutes of Nevada, Page 554ê

 

CHAPTER 144, AB 86

Assembly Bill No. 86–Committee on Commerce and Labor

 

CHAPTER 144

 

[Approved: May 25, 2015]

 

AN ACT relating to health insurance; revising provisions governing the Board of Directors of the Silver State Health Insurance Exchange; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Silver State Health Insurance Exchange and provides for a governing board consisting of seven voting members and three ex-officio nonvoting members. (Chapter 695I of NRS) Existing law further provides that the members of the Board of Directors must not be affiliated in any way with a health insurer, shall not receive compensation for attending Board meetings and must hold a Board meeting at least once every quarter. (NRS 695I.300, 695I.330, 695I.340) Section 1 of this bill removes the requirement that the Exchange be “state based.” Section 2 of this bill revises the areas of expertise or experience that a board member may have to be appointed to the Board and eliminates the prohibition against appointing to the Board a person affiliated with a health insurer. Section 2 further provides that not more than two of the voting members of the Board may represent any particular area of expertise or experience. Section 3 of this bill authorizes compensation to Board members who are engaged in the business of the Board. Section 4 of this bill reduces the required number of Board meetings to one per calendar year.

 

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 695I.210 is hereby amended to read as follows:

      695I.210  1.  The Exchange shall:

      (a) Create and administer a [state-based] health insurance exchange;

      (b) Facilitate the purchase and sale of qualified health plans;

      (c) Provide for the establishment of a program to assist qualified small employers in Nevada in facilitating the enrollment of their employees in qualified health plans offered in the small group market;

      (d) Make only qualified health plans available to qualified individuals and qualified small employers on or after January 1, 2014; and

      (e) Unless the Federal Act is repealed or is held to be unconstitutional or otherwise invalid or unlawful, perform all duties that are required of the Exchange to implement the requirements of the Federal Act.

      2.  The Exchange may:

      (a) Enter into contracts with any person, including, without limitation, a local government, a political subdivision of a local government and a governmental agency, to assist in carrying out the duties and powers of the Exchange or the Board; and

      (b) Apply for and accept any gift, donation, bequest, grant or other source of money to carry out the duties and powers of the Exchange or the Board.

      3.  The Exchange is subject to the provisions of chapter 333 of NRS.

 


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ê2015 Statutes of Nevada, Page 555 (Chapter 144, AB 86)ê

 

      Sec. 2. NRS 695I.300 is hereby amended to read as follows:

      695I.300  1.  The governing authority of the Exchange is the Board, consisting of seven voting members and three ex officio nonvoting members.

      2.  Subject to the provisions of subsections 3 [, 4 and 5:] to 6, inclusive:

      (a) The Governor shall appoint five voting members of the Board;

      (b) The Senate Majority Leader shall appoint one voting member of the Board; and

      (c) The Speaker of the Assembly shall appoint one voting member of the Board.

      3.  Each voting member of the Board must have:

      (a) Expertise in the sale or marketing of individual or small employer health insurance ; [market;]

      (b) Expertise in health care administration, health care financing , [or] health information technology [;] or health insurance;

      (c) Expertise in the administration of health care delivery systems;

      (d) Experience as a consumer who would benefit from services provided by the Exchange; or

      (e) Experience as a consumer advocate, including, without limitation, experience in consumer outreach and education for those who would benefit from services provided by the Exchange.

      4.  When making an appointment pursuant to subsection 2, the Governor, the Majority Leader and the Speaker of the Assembly shall consider the collective expertise and experience of the voting members of the Board and shall attempt to make each appointment so that:

      (a) The areas of expertise and experience described in subsection 3 are collectively represented by the voting members of the Board; and

      (b) The voting members of the Board represent a range and diversity of skills, knowledge, experience and geographic and stakeholder perspectives.

      5.  When making an appointment pursuant to subsection 2, the Governor, the Majority Leader and the Speaker of the Assembly shall, as vacancies on the Board occur, ensure that not more than two voting members of the Board represent any particular area of expertise or experience described in paragraph (a), (b), (c), (d) or (e) of subsection 3.

      6.  A voting member of the Board may not be a Legislator or hold any elective office in State Government.

      [6.  While serving on the Board, a voting member may not be in any way affiliated with a health insurer, including, without limitation, being an employee of, consultant to or member of the board of directors of a health insurer, having an ownership interest in a health insurer or otherwise being a representative of a health insurer.]

      7.  The following are ex officio nonvoting members of the Board who shall assist the voting members of the Board by providing advice and expertise:

      (a) The Director of the Department of Health and Human Services, or his or her designee;

      (b) The Director of the Department of Business and Industry, or his or her designee; and

      (c) The Director of the Department of Administration, or his or her designee.

 


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ê2015 Statutes of Nevada, Page 556 (Chapter 144, AB 86)ê

 

      Sec. 3. NRS 695I.330 is hereby amended to read as follows:

      695I.330  1.  [Except as otherwise provided in subsection 2, the voting members of the Board shall serve without compensation.] To the extent that money is available for that purpose, each member of the Board who is not an officer or employee of the State of Nevada or a political subdivision of the State is entitled to receive a salary of not more than $80 per day, as fixed by the Executive Director, for each day or portion of a day spent on the business of the Board.

      2.  If sufficient money is available from federal grant funds or revenues generated by the Exchange, each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while attending meetings of the Board or otherwise engaged in the business of the Board.

      Sec. 4. NRS 695I.340 is hereby amended to read as follows:

      695I.340  1.  The Board shall meet:

      (a) At least once each calendar [quarter;] year; and

      (b) At other times upon the call of the Chair or a majority of the voting members.

      2.  A majority of the voting members of the Board constitutes a quorum for the transaction of business.

      3.  A member of the Board may not vote by proxy.

      Sec. 5. (Deleted by amendment.)

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

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CHAPTER 145, AB 62

Assembly Bill No. 62–Committee on Government Affairs

 

CHAPTER 145

 

[Approved: May 25, 2015]

 

AN ACT relating to veterans; establishing “Veterans Day at the Legislature” as a day of observance; revising provisions relating to preferences in state purchasing and state public works for a business owned and operated by a veteran with a service-connected disability; authorizing the Governor to require the naming of a state building, park, highway or other property after a deceased member of the Armed Forces of the United States under certain circumstances; requiring certain state agencies and regulatory bodies to report certain information to the Interagency Council on Veterans Affairs; requiring the Council to report such information to the Legislature; requiring the Director of the Department of Veterans Services to compile in digital form certain information relating to state laws that affect veterans; requiring the Director to provide such information electronically to certain veterans for whom the Department has an electronic mail address of record; requiring the Director to maintain such information on its Internet website; authorizing xeriscaping in the area immediately above and surrounding the interred remains of a veteran at a veterans’ cemetery under certain circumstances; providing for the disposition of the unclaimed remains of a veteran by certain county agencies; and providing other matters properly relating thereto.

 


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ê2015 Statutes of Nevada, Page 557 (Chapter 145, AB 62)ê

 

Legislative Counsel’s Digest:

      Existing law sets forth certain days of observance in this State to commemorate certain persons or occasions or to publicize information regarding certain important topics. (Chapter 236 of NRS) Section 1 of this bill establishes the third Wednesday of March during each regular session of the Legislature as “Veterans Day at the Legislature,” which is a day of observance and not a legal holiday.

      Under existing law, a bid or proposal for a state purchasing contract for which the estimated cost exceeds $50,000 that is submitted by a local business owned by a veteran with a service-connected disability of at least zero percent and who is a responsive and responsible bidder is deemed to be 5 percent lower than the bid or proposal actually submitted. (NRS 333.300, 333.3365, 333.3366) Section 15 of this bill provides that this 5-percent preference applies with respect to bids or proposals by local businesses owned and operated by such veterans for state purchasing contracts for which the estimated cost is more than $50,000 but not more than $250,000. For state purchasing contracts for which the estimated cost is more than $250,000 but less than $500,000, section 15 makes only a local business owned and operated by a veteran with a service-connected disability of 50 percent or more eligible for the 5-percent preference.

      Under existing law, a bid submitted by a local business owned by a veteran with a service-connected disability of at least zero percent for a contract for a state public work for which the estimated cost is $100,000 or less is deemed to be 5 percent lower than the bid or proposal actually submitted. (NRS 338.13843, 338.13844) Section 19 of this bill provides a similar 5-percent preference to a local business owned and operated by a veteran with a service-connected disability of 50 percent or more for a contract for a state public work for which the estimated cost is more than $100,000 but less than $250,000.

      Under existing law, the Purchasing Division and the State Public Works Division of the Department of Administration are required to provide a biannual report to the Legislature, if it is in session, or to the Interim Finance Committee, if the Legislature is not in session, regarding bids or proposals submitted by local businesses owned by a veteran with a service-connected disability for state purchasing and state public works contracts and any such contracts awarded to those businesses. (NRS 333.3368, 338.13846) Sections 16 and 20 of this bill require those Divisions to also submit such reports to the Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs when the Legislature is not in session.

      Sections 9, 22, 24, 26, 27 and 31 of this bill provide for the naming by the Governor of a state building, park, monument, bridge, road or other property constructed, acquired, leased or opened on or after July 1, 2015, after deceased members of the Armed Forces of the United States who were residents of this State and killed in action.

      Existing law provides for the creation, powers and duties of the Department of Veterans Services and the Interagency Council on Veterans Affairs. (NRS 417.0191-417.105) Section 28 of this bill requires certain state agencies and regulatory bodies to report to the Council certain information relating to veterans and requires the Council to report such information annually to the Legislature or, if the Legislature is not in session, to the Legislative Commission. Section 29 of this bill requires the Director of the Department to prepare a digital copy of certain information relating to state laws that affect veterans and services for veterans and to provide the information in digital form to each veteran in this State for whom the Department has an electronic mail address of record. Section 29 further requires the Director to publish such information on the Department’s Internet website.

      Existing law provides for the establishment, operation and maintenance of veterans’ cemeteries in this State, and further requires a cemetery superintendent to ensure that the area immediately above and surrounding the interred remains of veterans in each veterans’ cemetery is landscaped with natural grass. (NRS 417.200-417.230) Sections 32 and 33 of this bill require a cemetery superintendent to ensure that the area is landscaped with natural grass only if a veteran does not indicate by testamentary instrument or on an application for interment at the cemetery his or her desire to have the area landscaped with xeriscaping.

 


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ê2015 Statutes of Nevada, Page 558 (Chapter 145, AB 62)ê

 

      Section 34.5 of this bill provides for the reporting and disposition of the unclaimed remains of a veteran by the agency in a county that is responsible for interring or cremating the remains of indigent persons.

 

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 236 of NRS is hereby amended by adding thereto a new section to read as follows:

      The third Wednesday in March during each regular session of the Legislature is established as “Veterans Day at the Legislature” in the State of Nevada in recognition of the contributions veterans have made to the prosperity of Nevada and the United States.

      Secs. 2-8. (Deleted by amendment.)

      Sec. 9. Chapter 331 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Governor may, upon receiving a recommendation from the Nevada Veterans Services Commission pursuant to section 26 of this act, direct the Administrator to name after a deceased member of the Armed Forces of the United States a building, ground or other property constructed, acquired, leased or opened on or after July 1, 2015, over which the Administrator has supervision and control pursuant to NRS 331.070.

      2.  The Administrator shall, as soon as sufficient money is available from the Nevada Will Always Remember Veterans Gift Account created by section 27 of this act, cause to be designed, procured and installed an appropriate marker, plaque, statue or sign bearing the name of the deceased member of the Armed Forces of the United States at or upon the respective building, ground or property as directed by the Governor pursuant to subsection 1.

      Sec. 10. NRS 331.010 is hereby amended to read as follows:

      331.010  As used in NRS 331.010 to 331.145, inclusive, and section 9 of this act, unless the context otherwise requires:

      1.  “Administrator” means the Administrator of the Division.

      2.  “Buildings and Grounds Section” means the Buildings and Grounds Section of the Division.

      3.  “Department” means the Department of Administration.

      4.  “Director” means the Director of the Department.

      5.  “Division” means the State Public Works Division of the Department.

      Sec. 11. NRS 331.080 is hereby amended to read as follows:

      331.080  1.  [The] Except as otherwise provided in section 9 of this act, the Administrator may expend appropriated money to meet expenses for the care, maintenance and preservation of the buildings, grounds and their appurtenances identified in NRS 331.070, and for the repair of the furniture and fixtures therein.

      2.  The Administrator shall take proper precautions against damage thereto, or to the furniture, fixtures or other public property therein.

 


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ê2015 Statutes of Nevada, Page 559 (Chapter 145, AB 62)ê

 

      Sec. 12. NRS 331.101 is hereby amended to read as follows:

      331.101  1.  The Buildings and Grounds Operating Fund is hereby created as an internal service fund.

      2.  [All] Except as otherwise provided in section 9 of this act, all costs of administering the provisions of NRS 331.010 to 331.145, inclusive, and section 9 of this act must be paid out of the Buildings and Grounds Operating Fund as other claims against the State are paid.

      Secs. 13 and 14. (Deleted by amendment.)

      Sec. 14.5. NRS 333.3362 is hereby amended to read as follows:

      333.3362  “Business owned and operated by a veteran with a service-connected disability” has the meaning ascribed to it in NRS 338.13841.

      Sec. 15. NRS 333.3366 is hereby amended to read as follows:

      333.3366  1.  For the purpose of awarding a formal contract solicited pursuant to subsection 2 of NRS 333.300, if [a] :

      (a) A local business owned and operated by a veteran with a service-connected disability submits a bid or proposal for a contract for which the estimated cost is more than $50,000 but not more than $250,000 and is a responsive and responsible bidder, the bid or proposal shall be deemed to be 5 percent lower than the bid or proposal actually submitted.

      (b) A local business owned and operated by a veteran with a service-connected disability which is determined to be 50 percent or more by the United States Department of Veterans Affairs submits a bid or proposal for a contract for which the estimated cost is more than $250,000 but less than $500,000 and is a responsive and responsible bidder, the bid or proposal shall be deemed to be 5 percent lower than the bid or proposal actually submitted.

      2.  The preferences described in subsection 1 may not be combined with any other preference.

      Sec. 16. NRS 333.3368 is hereby amended to read as follows:

      333.3368  The Purchasing Division shall , [report] every 6 months , submit to the Legislature, if it is in session, or to the Interim Finance Committee [,] and the Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs created by NRS 218E.750, if the Legislature is not in session [. The] , a report which must contain, for the period since the submission of the last report:

      1.  The number of state purchasing contracts that were subject to the provisions of NRS 333.3361 to 333.3369, inclusive.

      2.  The total dollar amount of state purchasing contracts that were subject to the provisions of NRS 333.3361 to 333.3369, inclusive.

      3.  The number of local businesses owned and operated by veterans with service-connected disabilities that submitted a bid or proposal on a state purchasing contract.

      4.  The number of state purchasing contracts that were awarded to local businesses owned and operated by veterans with service-connected disabilities.

      5.  The total number of dollars’ worth of state purchasing contracts that were awarded to local businesses owned and operated by veterans with service-connected disabilities.

      6.  Any other information deemed relevant by the Director of the Legislative Counsel Bureau.

      Secs. 17 and 18. (Deleted by amendment.)

 


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ê2015 Statutes of Nevada, Page 560 (Chapter 145, AB 62)ê

 

      Sec. 18.5. NRS 338.13841 is hereby amended to read as follows:

      338.13841  “Business owned and operated by a veteran with a service-connected disability” means a business:

      1.  Of which at least 51 percent of the ownership interest is held by one or more veterans with service-connected disabilities;

      2.  That is organized to engage in commercial transactions; and

      3.  That is managed and operated on a day-to-day basis by one or more veterans with service-connected disabilities.

Ê The term includes a business which meets the above requirements that is transferred to the spouse of a veteran with a service-connected disability upon the death of the veteran, as determined by the United States Department of Veterans Affairs.

      Sec. 19. NRS 338.13844 is hereby amended to read as follows:

      338.13844  1.  For the purpose of awarding a contract for a public work of this State for which the estimated cost is $100,000 or less, as governed by NRS 338.13862, if a local business owned and operated by a veteran with a service-connected disability submits a bid, the bid shall be deemed to be 5 percent lower than the bid actually submitted.

      2.  For the purpose of awarding a contract for a public work of this State for which the estimated cost is more than $100,000 but less than $250,000, if a local business owned and operated by a veteran with a service-connected disability that has been determined to be 50 percent or more by the United States Department of Veterans Affairs submits a bid and is a responsive and responsible bidder, the bid shall be deemed to be 5 percent lower than the bid actually submitted.

      3.  The [preference] preferences described in [subsection] subsections 1 and 2 may not be combined with any other preference.

      Sec. 20. NRS 338.13846 is hereby amended to read as follows:

      338.13846  The Division shall , [report] every 6 months , submit to the Legislature, if it is in session, or to the Interim Finance Committee [,] and the Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs created by NRS 218E.750, if the Legislature is not in session [. The] , a report which must contain, for the period since the submittal of the last report:

      1.  The number of contracts for public works of this State that were subject to the provisions of NRS 338.1384 to 338.13847, inclusive.

      2.  The total dollar amount of contracts for public works of this State that were subject to the provisions of NRS 338.1384 to 338.13847, inclusive.

      3.  The number of local businesses owned and operated by veterans with service-connected disabilities that submitted a bid [or proposal] on a contract for a public work of this State.

      4.  The number of contracts for public works of this State that were awarded to local businesses owned and operated by veterans with service-connected disabilities.

      5.  The total number of dollars’ worth of contracts for public works of this State that were awarded to local businesses owned and operated by veterans with service-connected disabilities.

      6.  Any other information deemed relevant by the Director of the Legislative Counsel Bureau.

      Sec. 21. (Deleted by amendment.)

 


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ê2015 Statutes of Nevada, Page 561 (Chapter 145, AB 62)ê

 

      Sec. 22. Chapter 407 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Governor may, upon receiving a recommendation from the Nevada Veterans Services Commission pursuant to section 26 of this act, direct the Administrator to name, subject to the provisions of NRS 407.065, a state park, monument or recreational area constructed, acquired, leased or opened on or after July 1, 2015, after a deceased member of the Armed Forces of the United States.

      2.  The Administrator shall, as soon as sufficient money is available from the Nevada Will Always Remember Veterans Gift Account created by section 27 of this act, cause to be designed, procured and installed an appropriate marker, plaque, statue or sign bearing the name of the deceased member of the Armed Forces of the United States at or upon the respective state park, monument or recreational area as directed by the Governor pursuant to subsection 1.

      Sec. 23. NRS 407.065 is hereby amended to read as follows:

      407.065  1.  The Administrator, subject to the approval of the Director:

      (a) Except as otherwise provided in this paragraph [,] and section 22 of this act, may establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreational areas for the use of the general public. The name of an existing state park, monument or recreational area may not be changed unless the Legislature approves the change by statute.

      (b) Shall protect state parks and property controlled or administered by the Division from misuse or damage and preserve the peace within those areas. The Administrator may appoint or designate certain employees of the Division to have the general authority of peace officers.

      (c) May allow multiple use of state parks and real property controlled or administered by the Division for any lawful purpose, including, but not limited to, grazing, mining, development of natural resources, hunting and fishing, in accordance with such regulations as may be adopted in furtherance of the purposes of the Division.

      (d) Except as otherwise provided in this paragraph, shall impose and collect reasonable fees for entering, camping and boating in state parks and recreational areas. The Division shall issue an annual permit for entering, camping and boating in all state parks and recreational areas in this State:

             (1) Upon application therefor and proof of residency and age, to any person who is 65 years of age or older and has resided in this State for at least 5 years immediately preceding the date on which the application is submitted.

             (2) Upon application therefor and proof of residency and proof of status as described in subsection 5 of NRS 361.091, to a bona fide resident of the State of Nevada who has incurred a permanent service-connected disability of 10 percent or more and has been honorably discharged from the Armed Forces of the United States.

Ê The permit must be issued without charge, except that the Division shall charge and collect an administrative fee for the issuance of the permit in an amount sufficient to cover the costs of issuing the permit.

      (e) May conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and impose and collect reasonable fees for such special services.

 


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      (f) May rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the Division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the Division deems fit and proper, but no concessionaire may dominate any state park operation.

      (g) May establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the Legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the Administrator.

      (h) In addition to any concession specified in paragraph (f), may establish concessions within the boundaries of any state park to provide for the sale of food, drinks, ice, publications, sundries, gifts and souvenirs, and other such related items as the Administrator determines are appropriately made available to visitors. Any money received by the Administrator for a concession established pursuant to this paragraph must be deposited in the Account for State Park Interpretative and Educational Programs and Operation of Concessions created by NRS 407.0755.

      2.  The Administrator:

      (a) Shall issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter each state park and each recreational area in this State and, except as otherwise provided in subsection 3, use the facilities of the state park or recreational area without paying the entrance fee; and

      (b) May issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter a specific state park or specific recreational area in this State and, except as otherwise provided in subsection 3, use the facilities of the state park or recreational area without paying the entrance fee.

      3.  An annual permit issued pursuant to subsection 2 does not authorize the holder of the permit to engage in camping or boating, or to attend special events. The holder of such a permit who wishes to engage in camping or boating, or to attend special events, must pay any fee established for the respective activity.

      4.  Except as otherwise provided in subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees collected pursuant to paragraphs (d), (e) and (f) of subsection 1 or subsection 2 must be deposited in the State General Fund.

      Sec. 24. Chapter 408 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Governor may, upon receiving a recommendation from the Nevada Veterans Services Commission pursuant to section 26 of this act, require the Director to name, subject to the provisions of this chapter, a highway, road, bridge or transportation facility of this State constructed, acquired, leased or opened on or after July 1, 2015, after a deceased member of the Armed Forces of the United States.

      2.  The Director shall, as soon as sufficient money is available from the Nevada Will Always Remember Veterans Gift Account created by section 27 of this act, cause to be designed, procured and installed an appropriate marker, plaque, statue or sign bearing the name of the deceased member of the Armed Forces of the United States at or upon the respective highway, road, bridge or transportation facility as required by the Governor pursuant to subsection 1.

 


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upon the respective highway, road, bridge or transportation facility as required by the Governor pursuant to subsection 1.

      Sec. 25. Chapter 417 of NRS is hereby amended by adding thereto the provisions set forth as sections 26 to 29, inclusive, of this act.

      Sec. 26. 1.  The Nevada Veterans Services Commission shall recommend to the Governor:

      (a) The names of deceased members of the Armed Forces of the United States to be honored pursuant to the provisions of section 9, 22 or 24 of this act. Each deceased member must have been:

             (1) A resident of this State; and

             (2) Killed in action.

      (b) The building, ground, property, park, monument, recreational area, highway, road, bridge or transportation facility of this State constructed, acquired, leased or opened on or after July 1, 2015, which may be named after each deceased member recommended to the Governor pursuant to paragraph (a).

      2.  The Commission shall develop criteria to be used in determining the names to be recommended to the Governor pursuant to subsection 1.

      Sec. 27. 1.  The Nevada Will Always Remember Veterans Gift Account is hereby created in the State General Fund.

      2.  The Director and the Deputy Director may accept donations, gifts and grants of money from any source for deposit in the Account.

      3.  The money deposited in the Account pursuant to subsection 2 must only be used to pay for the design, procurement and installation of markers, plaques, statues or signs bearing the names of deceased members of the Armed Forces of the United States pursuant to the provisions of section 9, 22 and 24 of this act.

      4.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

      5.  Any money remaining in the Account at the end of the each fiscal year does not revert to the State General Fund, but must be carried forward to the next fiscal year.

      Sec. 28. 1.  Each state agency and regulatory body identified in subsections 2 to 15, inclusive, shall report, subject to any limitations or restrictions contained in any state or federal law governing the privacy or confidentiality of records, the data identified in subsections 2 to 15, inclusive, as applicable, to the Interagency Council on Veterans Affairs. Each state agency and regulatory body shall submit such information to the Council not later than November 30 of each year and shall provide the information in aggregate and in digital form, and in a manner such that the data is capable of integration by the Council.

      2.  The Department of Administration shall provide:

      (a) Descriptions of and the total amount of the grant dollars received for veteran-specific programs;

      (b) The total number of veterans employed by each agency in the State; and

      (c) The total number of veterans with service-connected disabilities who are seeking preferences through the Purchasing Division and the State Public Works Division of the Department of Administration pursuant to NRS 333.3368 and 338.13846.

      3.  The State Department of Conservation and Natural Resources shall provide the total number of veterans receiving:

 


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      (a) Expedited certification for the grade I certification examination for wastewater treatment plant operators based on their military experience; and

      (b) Any discounted fees for access to or the use of state parks.

      4.  The Department of Corrections shall provide:

      (a) An annual overview of the monthly population of inmates in this State who are veterans; and

      (b) The success rates for any efforts developed by the Incarcerated Veterans Reintegration Council.

      5.  The Office of Economic Development shall provide an overview of the workforce that is available statewide of veterans, organized by O*NET-SOC code from the United States Department of Labor or the trade, job title, employment status, zip code, county, highest education level and driver’s license class.

      6.  The Department of Education shall provide the distribution of dependents of service members enrolled in Nevada’s public schools.

      7.  The Department of Employment, Training and Rehabilitation shall provide a summary of:

      (a) The average number of veterans served by a veteran employment specialist of the Department per week;

      (b) The average number of initial and continuing claims for benefits filed per week by veterans pursuant to NRS 612.455 to 612.530, inclusive;

      (c) The average weekly benefit received by veterans receiving benefits pursuant to chapter 612 of NRS; and

      (d) The average duration of a claim by claimants who are veterans receiving benefits pursuant to chapter 612 of NRS.

      8.  The Department of Health and Human Services shall provide:

      (a) The total number of veterans who have applied for and received certification as an Emergency Medical Technician-B, Advanced Emergency Medical Technician and Paramedic through the State Emergency Medical Systems program; and

      (b) A report from the State Registrar of Vital Statistics setting forth the suicide mortality rate of veterans in this State.

      9.  The Department of Motor Vehicles shall provide:

      (a) The total number of veterans who have declared themselves as a veteran and who applied for and received a commercial driver’s license;

      (b) The average monthly total of veteran license plates issued; and

      (c) An overview of the data on veterans collected pursuant to NRS 483.292 and 483.852.

      10.  The Adjutant General shall provide the total number of:

      (a) Members of the Nevada National Guard using waivers for each semester and identifying which schools accepted the waivers;

      (b) Members of the Nevada National Guard identified by Military Occupational Specialty and zip code; and

      (c) Members of the Nevada National Guard employed under a grant from Beyond the Yellow Ribbon.

      11.  The Department of Public Safety shall provide the percentage of veterans in each graduating class of its academy for training peace officers.

      12.  The Department of Taxation shall provide the total number of veterans receiving tax exemptions pursuant to NRS 361.090, 361.091, 361.155, 371.103 and 371.104.

 


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      13.  The Department of Wildlife shall provide the total number of:

      (a) Veterans holding hunting or fishing licenses based on disability; and

      (b) Service members holding hunting or fishing licenses who are residents of this State but are stationed outside this State.

      14.  The Commission on Postsecondary Education shall provide, by industry, the total number of schools in this State approved by the United States Department of Veterans Affairs that are serving veterans.

      15.  Each regulatory body shall provide the total number of veterans and service members applying for licensure by the regulatory body.

      16.  The Council shall, upon receiving the information submitted pursuant to this section, synthesize and compile the information, including any recommendations of the Council, and submit the information with the report submitted pursuant to subsection 3 of NRS 417.0195.

      17.  As used in this section:

      (a) “Regulatory body” has the meaning ascribed to it in NRS 622.060.

      (b) “Service member” has the meaning ascribed to it in NRS 125C.0635.

      Sec. 29. 1.  The Director shall, not later than September 1 following each regular session of the Legislature, prepare a digital copy of the provisions of NRS relating to veterans and transmit a digital copy to each veteran in this State for whom the Department has an electronic mail address of record.

      2.  The Director shall, to the extent practicable, include with the digital copy provided pursuant to subsection 1, a memorandum that includes:

      (a) A description of each statute newly enacted by the Legislature which affects veterans in this State. The memorandum may compile each statute into one document.

      (b) A description of each bill, or portion of a bill, newly enacted by the Legislature that appropriates or authorizes money for veterans, or otherwise affects the amount of money that is available for veterans’ services, including, without limitation, each line item in a budget for such an appropriation or authorization. The memorandum may compile each bill, or portion of a bill, as applicable, into one document.

      (c) If a statute or bill described in the memorandum requires the Director or the Department to take action to carry out the statute or bill, a brief plan for carrying out such duties.

      (d) The date on which each statute and bill described in the memorandum becomes effective and the date by which each statute and bill must be carried into effect.

      3.  If a statute or bill described in subsection 2 is enacted during a special session of the Legislature that concludes after July 1, the Director shall, to the extent practicable, prepare an addendum to the memorandum that includes the information required by this section for each such statute or bill. The addendum must be provided electronically to each veteran who received the memorandum not later than 30 days after the conclusion of the special session.

      4.  The Director shall publish a digital copy of the information prepared pursuant to this section on the Internet website maintained by the Department.

      Sec. 30. (Deleted by amendment.)

 


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      Sec. 30.5. NRS 417.105 is hereby amended to read as follows:

      417.105  1.  Each year on or before October 1, the Department shall review the reports submitted pursuant to NRS 333.3368 and 338.13846.

      2.  In carrying out the provisions of subsection 1, the Department shall seek input from:

      (a) The Purchasing Division of the Department of Administration.

      (b) The State Public Works Board of the State Public Works Division of the Department of Administration.

      (c) The Office of Economic Development.

      (d) Groups representing the interests of veterans of the Armed Forces of the United States.

      (e) The business community.

      (f) Local businesses owned and operated by veterans with service-connected disabilities.

      3.  After performing the duties described in subsections 1 and 2, the Department shall make recommendations to the Legislative Commission regarding the continuation, modification, promotion or expansion of the preferences for local businesses owned and operated by veterans with service-connected disabilities which are described in NRS 333.3366 and 338.13844.

      4.  As used in this section:

      (a) “Business owned and operated by a veteran with a service-connected disability” has the meaning ascribed to it in NRS 338.13841.

      (b) “Local business” has the meaning ascribed to it in NRS 333.3363.

      (c) “Veteran with a service-connected disability” has the meaning ascribed to it in NRS 338.13843.

      Sec. 31. NRS 417.190 is hereby amended to read as follows:

      417.190  The Nevada Veterans Services Commission shall:

      1.  Advise the Director and Deputy Director.

      2.  Make recommendations to the Governor, the Legislature, the Director and the Deputy Director regarding aid or benefits to veterans.

      3.  Make recommendations to the Governor pursuant to section 26 of this act.

      Sec. 32. NRS 417.200 is hereby amended to read as follows:

      417.200  1.  The Director shall establish, operate and maintain a veterans’ cemetery in northern Nevada and a veterans’ cemetery in southern Nevada, and may, within the limits of legislative authorization, employ personnel and purchase equipment and supplies necessary for the operation and maintenance of the cemeteries. The Director shall employ a cemetery superintendent to operate and maintain each cemetery.

      2.  The cemetery superintendent shall , if a veteran does not indicate by testamentary instrument that the veteran desires to have the area immediately above and surrounding the interred remains of the veteran landscaped with xeriscaping, or if an application for interment submitted pursuant to NRS 417.210 does not indicate that the veteran desires to have the area immediately above and surrounding the interred remains of the veteran landscaped with xeriscaping, ensure that the area immediately above and surrounding the interred remains of the veteran in [each] the veterans’ cemetery is landscaped with natural grass.

      3.  A person desiring to provide voluntary services to further the establishment, maintenance or operation of either of the cemeteries shall submit a written offer to the cemetery superintendent which describes the nature of the services.

 


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nature of the services. The cemetery superintendent shall consider all such offers and approve those he or she deems appropriate. The cemetery superintendent shall coordinate the provision of all services so approved.

      Sec. 33. NRS 417.210 is hereby amended to read as follows:

      417.210  1.  A veteran who is eligible for interment in a national cemetery pursuant to the provisions of 38 U.S.C. § 2402 is eligible for interment in a veterans’ cemetery in this State.

      2.  An eligible veteran, or a member of his or her immediate family, or a veterans’ organization recognized by the Director may apply for a plot in a cemetery for veterans in this State by submitting a request to the cemetery superintendent on a form to be supplied by the cemetery superintendent. The cemetery superintendent shall assign available plots in the order in which applications are received. The application for interment must provide for a selection to have the area immediately above and surrounding the interred remains of the applicant landscaped with natural grass or xeriscaping. A specific plot may not be reserved before it is needed for burial. No charge may be made for a plot or for the interment of a veteran.

      3.  One plot is allowed for the interment of each eligible veteran and for each member of his or her immediate family, except where the conditions of the soil or the number of the decedents of the family requires more than one plot.

      4.  The Director shall charge a fee for the interment of a family member, but the fee may not exceed the actual cost of interment.

      5.  As used in this section, “immediate family” means the spouse, minor child or, when the Director deems appropriate, the unmarried adult child of an eligible veteran.

      Sec. 34. NRS 417.220 is hereby amended to read as follows:

      417.220  1.  The Account for Veterans Affairs is hereby created in the State General Fund.

      2.  Money received by the Director or the Deputy Director from:

      (a) Fees charged pursuant to NRS 417.210;

      (b) Allowances for burial from the United States Department of Veterans Affairs or other money provided by the Federal Government for the support of veterans’ cemeteries;

      (c) Receipts from the sale of gifts and general merchandise;

      (d) Grants obtained by the Director or the Deputy Director for the support of veterans’ cemeteries; and

      (e) Except as otherwise provided in subsection 6 and NRS 417.145 and 417.147, and section 27 of this act, gifts of money and proceeds derived from the sale of gifts of personal property that he or she is authorized to accept, if the use of such gifts has not been restricted by the donor,

Ê must be deposited with the State Treasurer for credit to the Account for Veterans Affairs and must be accounted for separately for a veterans’ cemetery in northern Nevada or a veterans’ cemetery in southern Nevada, whichever is appropriate.

      3.  The interest and income earned on the money deposited pursuant to subsection 2, after deducting any applicable charges, must be accounted for separately. Interest and income must not be computed on money appropriated from the State General Fund to the Account for Veterans Affairs.

      4.  The money deposited pursuant to subsection 2 may only be used for the operation and maintenance of the cemetery for which the money was collected.

 


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collected. In addition to personnel he or she is authorized to employ pursuant to NRS 417.200, the Director may use money deposited pursuant to subsection 2 to employ such additional employees as are necessary for the operation and maintenance of the cemeteries, except that the number of such additional full-time employees that the Director may employ at each cemetery must not exceed 60 percent of the number of full-time employees for national veterans’ cemeteries that is established by the National Cemetery Administration of the United States Department of Veterans Affairs.

      5.  Except as otherwise provided in subsection 7, gifts of personal property which the Director or the Deputy Director is authorized to receive but which are not appropriate for conversion to money may be used in kind.

      6.  The Gift Account for Veterans Cemeteries is hereby created in the State General Fund. Gifts of money that the Director or the Deputy Director is authorized to accept and which the donor has restricted to one or more uses at a veterans’ cemetery must be accounted for separately in the Gift Account for Veterans Cemeteries. The interest and income earned on the money deposited pursuant to this subsection must, after deducting any applicable charges, be accounted for separately for a veterans’ cemetery in northern Nevada or a veterans’ cemetery in southern Nevada, as applicable. Any money remaining in the Gift Account for Veterans Cemeteries at the end of each fiscal year does not revert to the State General Fund, but must be carried over into the next fiscal year.

      7.  The Director or the Deputy Director shall use gifts of money or personal property that he or she is authorized to accept and for which the donor has restricted to one or more uses at a veterans’ cemetery in the manner designated by the donor, except that if the original purpose of the gift has been fulfilled or the original purpose cannot be fulfilled for good cause, any money or personal property remaining in the gift may be used for other purposes at the veterans’ cemetery in northern Nevada or the veterans’ cemetery in southern Nevada, as appropriate.

      Sec. 34.5. Chapter 451 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the county agency that is responsible for interring or cremating the remains of indigent persons obtains custody of the unclaimed human remains of a deceased person whom the county agency knows, has reason to know or reasonably believes is a veteran, the county agency shall report the name of the deceased person to the Department of Veterans Services as soon as practicable after obtaining custody of the remains.

      2.  Upon receipt of a report made pursuant to subsection 1, the Department of Veterans Services shall determine whether the deceased person is a veteran who is eligible for interment at a national cemetery pursuant to 38 U.S.C. § 2402 or a veterans’ cemetery pursuant to NRS 417.210. The Department shall provide notice of the determination to the county agency.

      3.  If the Department of Veterans Services provides notice pursuant to subsection 2 to a county agency of a determination that a deceased person is a veteran who:

      (a) Is eligible for interment at a national cemetery or a veterans’ cemetery, the county agency shall arrange for the proper disposition of the veteran’s remains with:

             (1) A national cemetery or veterans’ cemetery; or

             (2) The Department of Veterans Services.

 


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      (b) Is not eligible for interment at a national cemetery or a veterans’ cemetery and is indigent, the county agency shall cause the veteran’s remains to be decently interred or cremated in the county.

      4.  A county agency that is responsible for interring or cremating the remains of indigent persons is immune from civil or criminal liability for any act or omission with respect to complying with the provisions of this section.

      5.  As used in this section, “veteran” has the meaning ascribed to it in NRS 176A.090.

      Sec. 34.7. NRS 451.005 is hereby amended to read as follows:

      451.005  As used in NRS 451.010 to 451.470, inclusive, and section 34.5 of this act, unless the context otherwise requires, “human remains” or “remains” means the body of a deceased person, and includes the body in any stage of decomposition and the cremated remains of a body.

      Sec. 35. (Deleted by amendment.)

      Sec. 36.  The provisions of subsection 1 of NRS 218D.380 do not apply to the reporting requirements of NRS 333.3368, as amended by section 16 of this act, the reporting requirements of NRS 338.13846, as amended by section 20 of this act, or the reporting requirements of section 28 of this act.

      Sec. 37.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 38. (Deleted by amendment.)

      Sec. 39.  This act becomes effective on July 1, 2015.

________

CHAPTER 146, AB 153

Assembly Bill No. 153–Assemblymen Araujo, Diaz, Hambrick; Benitez-Thompson, Flores, O’Neill and Thompson

 

Joint Sponsor: Senator Denis

 

CHAPTER 146

 

[Approved: May 25, 2015]

 

AN ACT relating to juveniles; providing that, under certain circumstances, the juvenile court must place a child who is alleged to have engaged in prostitution or the solicitation of prostitution under the supervision of the juvenile court subject to certain terms and conditions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the juvenile court has exclusive jurisdiction over a juvenile: (1) who is alleged or adjudicated to be in need of supervision; or (2) who is alleged or adjudicated to be delinquent because he or she has committed certain crimes. (NRS 62B.320, 62B.330) Existing law authorizes the juvenile court, under certain circumstances, to place a child under the supervision of the juvenile court pursuant to a supervision and consent decree, without a formal adjudication of delinquency, if the child is alleged to be in need of supervision or to have committed a delinquent act. (NRS 62C.230)

 

 


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      This bill requires the juvenile court to place a child under the supervision of the juvenile court pursuant to a supervision and consent decree if the child is alleged to have engaged in prostitution or the solicitation of prostitution. Under this bill, the juvenile court: (1) must order that the terms and conditions of the supervision and consent decree include, without limitation, services to address the sexual exploitation of the child and any other needs of the child; and (2) may issue certain orders, including, without limitation, any placement of the child that the juvenile court finds to be in the child’s best interest. If the child is alleged to have violated the supervision and consent decree or an order of the juvenile court: (1) the allegation must be placed before the court pursuant to a motion or a request for judicial review, except that the district attorney may file a petition alleging that the child committed a delinquent act under certain circumstances; and (2) the court may issue certain orders concerning the child. This bill further requires that the juvenile court, upon successful completion of the terms and conditions of the supervision and consent decree or at the time the child reaches 18 years of age, whichever is earlier, must dismiss the petition alleging that the child engaged in prostitution or the solicitation of prostitution. However, a child who has reached 18 years of age may consent to remain under the supervision of the juvenile court for the purpose of receiving services pursuant to the decree.

 

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:

 

      Secs. 1-6.  (Deleted by amendment.)

      Sec. 6.5. Chapter 62C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the district attorney files a petition with the juvenile court alleging that a child who is less than 18 years of age has engaged in prostitution or the solicitation of prostitution, the juvenile court:

      (a) Except as otherwise provided in paragraph (b), shall:

             (1) Place the child under the supervision of the juvenile court pursuant to a supervision and consent decree, without a formal adjudication of delinquency; and

             (2) Order that the terms and conditions of the supervision and consent decree include, without limitation, services to address the sexual exploitation of the child and any other needs of the child, including, without limitation, any counseling and medical treatment for victims of sexual assault in accordance with the provisions of NRS 217.280 to 217.350, inclusive.

      (b) If the child originated from a jurisdiction outside this State, may return the child to the jurisdiction from which the child originated.

      2.  If a child is placed under a supervision and consent decree pursuant to this section, the juvenile court may issue any order authorized by chapter 62E of NRS, including, without limitation, any placement of the child that the juvenile court finds to be in the child’s best interest.

      3.  If a child is alleged to have violated the provisions of a supervision and consent decree under this section or an order issued pursuant to this section:

      (a) The district attorney must not file a petition alleging that the child has violated the decree or order and the allegation must be placed before the court pursuant to a motion or a request for judicial review. This paragraph does not prohibit the district attorney from filing a petition alleging that the child has committed a delinquent act.

 


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      (b) The juvenile court may issue any order authorized by chapter 62E of NRS, including, without limitation, any placement of the child that the juvenile court finds to be in the child’s best interest.

      4.  Except as otherwise provided in this subsection, if a child is placed under the supervision of the juvenile court pursuant to a supervision and consent decree under this section, the juvenile court shall dismiss the petition upon the successful completion of the terms and conditions of the supervision and consent decree or at the time the child reaches 18 years of age, whichever is earlier. A child who has reached 18 years of age may consent to remain under the supervision of the juvenile court for the purpose of receiving services provided under the supervision and consent decree.

      Sec. 7.  This act becomes effective upon passage and approval.

________

CHAPTER 147, AB 162

Assembly Bill No. 162–Assemblymen Munford, Wheeler; Ohrenschall and Shelton

 

CHAPTER 147

 

[Approved: May 25, 2015]

 

AN ACT relating to peace officers; authorizing certain peace officers to wear a portable event recording device while on duty; requiring certain law enforcement agencies to adopt policies and procedures governing the use of portable event recording devices; providing that, with certain limitations, records made by portable event recording devices are public records; exempting the use of portable event recording devices from the provisions governing the interception of certain communications; exempting the use of portable event recording devices upon certain property; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill: (1) authorizes certain peace officers to wear a portable event recording device while on duty; and (2) requires certain law enforcement agencies to adopt policies and procedures relating to the use of portable event recording devices. Section 1 also establishes that any record made by a portable event recording device is a public record which may be: (1) requested only on a per incident basis; and (2) inspected only at the location where the record is held if the record contains confidential information.

      Existing law authorizes investigative or law enforcement officers to intercept wire or oral communications, subject to certain requirements. (NRS 179.410-179.515) Section 2 of this bill exempts a portable event recording device worn by a peace officer from the definition of an “electronic, mechanical or other device” used to intercept wire or oral communication. Existing law also prohibits the surreptitious electronic surveillance on: (1) the grounds of any facility owned or leased by the State of Nevada; (2) the property of a public school; or (3) a campus of the Nevada System of Higher Education. (NRS 331.200, 393.400, 396.970) Sections 3-5 of this bill create an exception from certain unauthorized electronic surveillance conducted pursuant to section 1.

 


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ê2015 Statutes of Nevada, Page 572 (Chapter 147, AB 162)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 289 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A law enforcement agency may require uniformed peace officers that it employs to wear a portable event recording device while on duty. If a law enforcement agency so requires, the law enforcement agency shall adopt policies and procedures governing the use of portable event recording devices, which must include, without limitation:

      (a) Except as otherwise provided in paragraph (d), requiring activation of a portable event recording device whenever a peace officer is responding to a call for service or at the initiation of any other law enforcement or investigative encounter between a uniformed peace officer and a member of the public;

      (b) Except as otherwise provided in paragraph (d), prohibiting deactivation of a portable event recording device until the conclusion of a law enforcement or investigative encounter;

      (c) Prohibiting the recording of general activity;

      (d) Protecting the privacy of persons:

             (1) In a private residence;

             (2) Seeking to report a crime or provide information regarding a crime or ongoing investigation anonymously; or

             (3) Claiming to be a victim of a crime;

      (e) Limiting the period for which a video recorded by a portable event recording device must be retained; and

      (f) Establishing disciplinary rules for peace officers who:

             (1) Fail to operate a portable event recording device in accordance with any departmental policies;

             (2) Manipulate a video recorded by a portable event recording device; or

             (3) Prematurely erase a video recorded by a portable event recording device.

      2.  Any record made by a portable event recording device pursuant to this section is a public record which may be:

      (a) Requested only on a per incident basis; and

      (b) Available for inspection only at the location where the record is held if the record contains confidential information that may not otherwise be redacted.

      3.  As used in this section:

      (a) “Law enforcement agency” means:

             (1) The sheriff’s office of a county;

             (2) A metropolitan police department;

             (3) A police department of an incorporated city; or

             (4) The Nevada Highway Patrol.

      (b) “Portable event recording device” means a device issued to a peace officer by a law enforcement agency to be worn on his or her body and which records both audio and visual events occurring during an encounter with a member of the public while performing his or her duties as a peace officer.

 


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      Sec. 2. NRS 179.425 is hereby amended to read as follows:

      179.425  “Electronic, mechanical or other device” means any device or apparatus which can be used to intercept a wire or oral communication other than:

      1.  Any telephone instrument, equipment or facility, or any component thereof:

      (a) Furnished to the subscriber or user by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business; or

      (b) Being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his or her duties.

      2.  A hearing aid or similar device being used to correct subnormal hearing to not better than normal.

      3.  A portable event recording device, as defined in section 1 of this act.

      Sec. 2.5. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 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, 584.583, 584.655, 598.0964, 598.0979, 598.098, 598A.110, 599B.

 


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482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.583, 584.655, 598.0964, 598.0979, 598.098, 598A.110, 599B.090, 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, 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 section 1 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.

 


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ê2015 Statutes of Nevada, Page 575 (Chapter 147, AB 162)ê

 

      (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. 3. NRS 331.220 is hereby amended to read as follows:

      331.220  1.  Except as otherwise provided in subsection 2, it is unlawful for a person to engage in any kind of surreptitious electronic surveillance on the grounds of any facility owned or leased by the State of Nevada without the knowledge of the person being observed.

      2.  Subsection 1 does not apply to any electronic surveillance:

      (a) Authorized by a court order issued to a public officer, based upon a showing of probable cause to believe that criminal activity is occurring on the property under surveillance;

      (b) By a law enforcement agency pursuant to a criminal investigation; [or]

      (c) By a peace officer pursuant to section 1 of this act; or

      (d) Which is necessary as part of a system of security used to protect and ensure the safety of persons on the grounds of the facility.

      Sec. 4. NRS 393.400 is hereby amended to read as follows:

      393.400  1.  Except as otherwise provided in subsection 2, it is unlawful for a person to engage in any kind of surreptitious electronic surveillance on any property of a public school without the knowledge of the person being observed.

      2.  Subsection 1 does not apply to any electronic surveillance:

      (a) Authorized by a court order issued to a public officer, based upon a showing of probable cause to believe that criminal activity is occurring on the property of the public school under surveillance;

      (b) By a law enforcement agency pursuant to a criminal investigation;

      (c) By a peace officer pursuant to section 1 of this act;

      (d) Which is necessary as part of a system of security used to protect and ensure the safety of persons on the property of the public school; or

      [(d)](e) Of a class or laboratory when authorized by the teacher of the class or laboratory.

      Sec. 5. NRS 396.970 is hereby amended to read as follows:

      396.970  1.  Except as otherwise provided in subsection 2, it is unlawful for a person to engage in any kind of surreptitious electronic surveillance on a campus of the System without the knowledge of the person being observed.

      2.  Subsection 1 does not apply to any electronic surveillance:

      (a) Authorized by a court order issued to a public officer, based upon a showing of probable cause to believe that criminal activity is occurring on the property under surveillance;

      (b) By a law enforcement agency pursuant to a criminal investigation;

      (c) By a peace officer pursuant to section 1 of this act;

      (d) Which is necessary as part of a system of security used to protect and ensure the safety of persons on the campus; or

      [(d)](e) Of a class or laboratory when authorized by the teacher of the class or laboratory.

      Sec. 6. (Deleted by amendment.)

      Sec. 7.  This act becomes effective on January 1, 2016.

________

 


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ê2015 Statutes of Nevada, Page 576ê

 

CHAPTER 148, AB 193

Assembly Bill No. 193–Committee on Judiciary

 

CHAPTER 148

 

[Approved: May 25, 2015]

 

AN ACT relating to criminal procedure; revising provisions relating to the introduction of evidence at a preliminary examination or grand jury proceeding; revising provisions relating to the use of audiovisual technology to present live witness testimony at a preliminary examination or grand jury proceeding; revising provisions relating to notice given to a person whose indictment is being considered by a grand jury; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth the requirements for conducting a preliminary examination. (NRS 171.196) Section 1 of this bill authorizes the use of certain hearsay evidence in a preliminary examination under certain circumstances.

      Existing law allows a witness to testify at a preliminary examination or before a grand jury through the use of audiovisual technology under certain circumstances by filing a request, subject to an objection by the opposing party and court approval, before the preliminary examination or grand jury proceeding. (NRS 171.1975, 172.138) Sections 3 and 7 of this bill require the court to allow a witness to testify at a preliminary examination or before a grand jury through the use of audiovisual technology under certain circumstances.

      Existing law sets forth the types of evidence a grand jury can receive. (NRS 172.135) Section 5 of this bill: (1) allows certain hearsay evidence to be offered before a grand jury in certain circumstances; and (2) provides that a statement made by a witness at any time that is inconsistent with the testimony of the witness before the grand jury may be presented to the grand jury as evidence.

      Existing law requires that a district attorney or peace officer serve reasonable notice upon a person whose indictment is being considered by a grand jury. (NRS 172.241) Section 10 of this bill authorizes a person to testify before the grand jury if his or her notice of the proceeding was not adequate and requires the grand jury to redeliberate on the indictment if the person does testify.

 

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 171.196 is hereby amended to read as follows:

      171.196  1.  If an offense is not triable in the Justice Court, the defendant must not be called upon to plead. If the defendant waives preliminary examination, the magistrate shall immediately hold the defendant to answer in the district court.

      2.  If the defendant does not waive examination, the magistrate shall hear the evidence within 15 days, unless for good cause shown the magistrate extends such time. Unless the defendant waives counsel, reasonable time must be allowed for counsel to appear.

      3.  Except as otherwise provided in this subsection, if the magistrate postpones the examination at the request of a party, the magistrate may order that party to pay all or part of the costs and fees expended to have a witness attend the examination.

 


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ê2015 Statutes of Nevada, Page 577 (Chapter 148, AB 193)ê

 

attend the examination. The magistrate shall not require a party who requested the postponement of the examination to pay for the costs and fees of a witness if:

      (a) It was not reasonably necessary for the witness to attend the examination; or

      (b) The magistrate ordered the extension pursuant to subsection 4.

      4.  If application is made for the appointment of counsel for an indigent defendant, the magistrate shall postpone the examination until:

      (a) The application has been granted or denied; and

      (b) If the application is granted, the attorney appointed or the public defender has had reasonable time to appear.

      5.  The defendant may cross-examine witnesses against him or her and may introduce evidence in his or her own behalf.

      6.  Hearsay evidence consisting of a statement made by the alleged victim of the offense is admissible at a preliminary examination conducted pursuant to this section only if the defendant is charged with one or more of the following offenses:

      (a) A sexual offense committed against a child who is under the age of 16 years if the offense is punishable as a felony. As used in this paragraph, “sexual offense” has the meaning ascribed to it in NRS 179D.097.

      (b) Abuse of a child pursuant to NRS 200.508 if the offense is committed against a child who is under the age of 16 years and the offense is punishable as a felony.

      (c) An act which constitutes domestic violence pursuant to NRS 33.018, which is punishable as a felony and which resulted in substantial bodily harm to the alleged victim.

      Sec. 2. (Deleted by amendment.)

      Sec. 3. NRS 171.1975 is hereby amended to read as follows:

      171.1975  1.  If a witness resides more than [500] 100 miles from the place of a preliminary examination , [or] is unable to attend the preliminary examination because of a medical condition [, a party may, not later than 14 days before the preliminary examination, file a request that] or if good cause otherwise exists, the magistrate must allow the witness to testify at the preliminary examination through the use of audiovisual technology. [A party who requests that the magistrate allow a witness to testify through the use of audiovisual technology shall provide written notice of the request to the opposing party at or before the time of filing the request.]

      2.  [Not later than 7 days after receiving notice of a request that the magistrate allow a witness to testify at the preliminary examination through the use of audiovisual technology, the opposing party may file an objection to the request. If the opposing party fails to file a timely objection to the request, the opposing party shall be deemed to have consented to the granting of the request.

      3.  Regardless of whether or not the opposing party files an objection to a request that the magistrate allow a witness to testify at the preliminary examination through the use of audiovisual technology, the magistrate may allow the witness to testify at the preliminary examination through the use of audiovisual technology only if the magistrate finds that good cause exists to grant the request based upon the specific facts and circumstances of the case.

      4.]  If [the magistrate allows] a witness [to testify] testifies at the preliminary examination through the use of audiovisual technology:

 


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      (a) The testimony of the witness must be [:

             (1) Taken by a certified videographer who is in the physical presence of the witness. The certified videographer shall sign a written declaration, on a form provided by the magistrate, which states that the witness does not have in his or her possession any notes or other materials to assist in the witness’s testimony.

             (2) Recorded and preserved through the use of a videotape or other means of audiovisual recording technology.

             (3) Transcribed] transcribed by a certified court reporter [.] ; and

      (b) Before giving testimony, the witness must be sworn and must sign a written declaration, on a form provided by the magistrate, which acknowledges that the witness understands that he or she is subject to the jurisdiction of the courts of this state and may be subject to criminal prosecution for the commission of any crime in connection with his or her testimony, including, without limitation, perjury, and that the witness consents to such jurisdiction.

      [(c) During the preliminary examination, the witness must not be asked to identify the defendant, but the witness may be asked to testify regarding the facts and circumstances surrounding any previous identification of the defendant.

      (d) The original recorded testimony of the witness must be filed with the district court, and copies of the recorded testimony of the witness must be provided to each party.

      (e) The testimony of the witness may not be used by any party upon the trial of the cause or in any proceeding therein in lieu of the direct testimony of the witness, but the court may allow the testimony of the witness to be used for any other lawful purpose.

      5.]3.  Audiovisual technology used pursuant to this section must ensure that the witness may be:

      (a) Clearly heard and seen; and

      (b) Examined and cross-examined.

      [6.]4.  As used in this section, “audiovisual technology” includes, without limitation, closed-circuit video and videoconferencing.

      Sec. 4. (Deleted by amendment.)

      Sec. 5. NRS 172.135 is hereby amended to read as follows:

      172.135  1.  In the investigation of a charge, for the purpose of either presentment or indictment, the grand jury can receive no other evidence than such as is given by witnesses produced and sworn before them or furnished by legal documentary evidence or by the deposition of witnesses taken as provided in this title, except that the grand jury may receive any of the following:

      (a) An affidavit or declaration from an expert witness or other person described in NRS 50.315 in lieu of personal testimony or a deposition.

      (b) An affidavit of an owner, possessor or occupant of real or personal property or other person described in NRS 172.137 in lieu of personal testimony or a deposition.

      2.  [The] Except as otherwise provided in this subsection, the grand jury can receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay or secondary evidence. The grand jury can receive hearsay evidence consisting of a statement made by the alleged victim of an offense if the defendant is alleged to have committed one or more of the following offenses:

 


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      (a) A sexual offense committed against a child who is under the age of 16 years if the offense is punishable as a felony. As used in this paragraph, “sexual offense” has the meaning ascribed to it in NRS 179D.097.

      (b) Abuse of a child pursuant to NRS 200.508 if the offense is committed against a child who is under the age of 16 years and the offense is punishable as a felony.

      (c) An act which constitutes domestic violence pursuant to NRS 33.018, which is punishable as a felony and which resulted in substantial bodily harm to the alleged victim.

      3.  A statement made by a witness at any time that is inconsistent with the testimony of the witness before the grand jury may be presented to the grand jury as evidence.

      Sec. 6. (Deleted by amendment.)

      Sec. 7. NRS 172.138 is hereby amended to read as follows:

      172.138  1.  If a witness resides more than [500] 100 miles from the place of a grand jury proceeding , [or] is unable to attend the grand jury proceeding because of a medical condition [, upon the request of the district attorney,] or if good cause otherwise exists, the district judge supervising the proceedings of the grand jury [may] must allow a witness to testify before the grand jury through the use of audiovisual technology.

      2.  [The district judge supervising the proceedings of the grand jury may allow a witness to testify before the grand jury through the use of audiovisual technology only if the district judge finds that good cause exists to grant the request based upon the specific facts and circumstances of the grand jury proceeding.

      3.]  If [the district judge supervising the proceedings of the grand jury allows] a witness [to testify] testifies at the grand jury proceeding through the use of audiovisual technology:

      (a) The testimony of the witness must be [:

             (1) Taken by a certified videographer who is in the physical presence of the witness. The certified videographer shall sign a written declaration, on a form provided by the district judge, which states that the witness does not possess any notes or other materials to assist in the witness’s testimony.

             (2) Recorded and preserved through the use of a videotape or other means of audiovisual recording technology.

             (3) Transcribed] transcribed by a certified court reporter appointed pursuant to NRS 172.215 in accordance with the provisions of NRS 172.225 [.] ; and

      (b) Before giving testimony, the witness must be sworn and must sign a written declaration, on a form provided by the district judge, which acknowledges that the witness understands that he or she is subject to the jurisdiction of the courts of this state and may be subject to criminal prosecution for the commission of any crime in connection with his or her testimony, including, without limitation, perjury, and that the witness consents to such jurisdiction.

      [(c) The original recorded testimony of the witness must be delivered to the certified court reporter.

      (d) The testimony of the witness may not be used by any party upon the trial of the cause or in any proceeding therein in lieu of the direct testimony of the witness, but the court may allow the testimony of the witness to be used for any other lawful purpose.

 


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      4.]3.  Audiovisual technology used pursuant to this section must ensure that the witness may be:

      (a) Clearly heard and seen; and

      (b) Examined.

      [5.]4.  As used in this section, “audiovisual technology” includes, without limitation, closed-circuit video and videoconferencing.

      Secs. 8 and 9. (Deleted by amendment.)

      Sec. 10. NRS 172.241 is hereby amended to read as follows:

      172.241  1.  A person whose indictment the district attorney intends to seek or the grand jury on its own motion intends to return, but who has not been subpoenaed to appear before the grand jury, may testify before the grand jury if the person requests to do so and executes a valid waiver in writing of the person’s constitutional privilege against self-incrimination.

      2.  A district attorney or a peace officer shall serve reasonable notice upon a person whose indictment is being considered by a grand jury unless the court determines that adequate cause exists to withhold notice. The notice is adequate if it:

      (a) Is given to the person, the person’s attorney of record or an attorney who claims to represent the person and gives the person not less than 5 judicial days to submit a request to testify to the district attorney; and

      (b) Advises the person that the person may testify before the grand jury only if the person submits a written request to the district attorney and includes an address where the district attorney may send a notice of the date, time and place of the scheduled proceeding of the grand jury.

      3.  The district attorney may apply to the court for a determination that adequate cause exists to withhold notice if the district attorney:

      (a) Determines that the notice may result in the flight of the person whose indictment is being considered, on the basis of:

             (1) A previous failure of the person to appear in matters arising out of the subject matter of the proposed indictment;

             (2) The fact that the person is a fugitive from justice arising from charges in another jurisdiction;

             (3) Outstanding local warrants pending against the person; or

             (4) Any other objective factor;

      (b) Determines that the notice may endanger the life or property of other persons; or

      (c) Is unable, after reasonable diligence, to notify the person.

      4.  If a district attorney applies to the court for a determination that adequate cause exists to withhold notice, the court shall hold a closed hearing on the matter. Upon a finding of adequate cause, the court may order that no notice be given.

      5.  If notice required to be served upon a person pursuant to subsection 2 is not adequate, the person must be given the opportunity to testify before the grand jury. If the person testifies pursuant to this subsection, the grand jury must be instructed to deliberate again on all the charges contained in the indictment following such testimony.

      Secs. 11 and 12. (Deleted by amendment.)

________

 


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ê2015 Statutes of Nevada, Page 581ê

 

CHAPTER 149, AB 195

Assembly Bill No. 195–Assemblyman Nelson

 

CHAPTER 149

 

[Approved: May 25, 2015]

 

AN ACT relating to real property; revising provisions governing the amount of a deficiency judgment awarded by a court after the foreclosure of a mortgage or a deed of trust; revising provisions governing the amount which a person holding a junior lien on real property may recover in a civil action under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law generally provides that a judgment creditor or a beneficiary of a deed of trust may obtain a deficiency judgment after a foreclosure sale or trustee’s sale of real property if there is a deficiency of the proceeds of the sale and a balance remaining due to the judgment creditor or beneficiary. (NRS 40.455) Existing law further provides that if a person acquired the right to obtain a deficiency judgment from another person, the amount of the deficiency judgment must not exceed the amount of the consideration paid for that right. (NRS 40.459) Sections 1, 3 and 4 of this bill provide that this provision applies only to deficiency judgments awarded on or after the passage and approval of this bill in a deficiency judgment proceeding to enforce: (1) any debt secured by property upon which the debtor or a guarantor or surety of the debt maintains his or her principal residence, there is not more than one residential structure and not more than four families reside; and (2) any debt secured by any other property if the promissory note or guaranty evidencing the debt was fully executed before July 1, 2011.

      Existing law provides that, under certain circumstances, a money judgment obtained by a creditor with a junior mortgage or lien on real property may not exceed the amount of the consideration paid by the creditor for the right to enforce the obligation secured by the junior mortgage or lien. (NRS 40.4636) Sections 2-4 of this bill provide that this limitation applies only to a money judgment awarded on or after the passage and approval of this bill in a civil action to enforce: (1) any obligation secured by a junior mortgage or lien on real property upon which the debtor or a guarantor or surety of the debt maintains his or her principal residence, there is not more than one residential structure and not more than four families reside; and (2) any obligation secured by a junior mortgage or lien on any other real property if the promissory note or guaranty evidencing the obligation was fully executed before July 1, 2011.

 

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 40.459 is hereby amended to read as follows:

      40.459  1.  After the hearing, the court shall award a money judgment against the debtor, guarantor or surety who is personally liable for the debt. [The]

      2.  Except as otherwise provided in subsection 3, the court shall not render judgment for more than:

      (a) The amount by which the amount of the indebtedness which was secured exceeds the fair market value of the property sold at the time of the sale, with interest from the date of the sale; or

 


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      (b) The amount which is the difference between the amount for which the property was actually sold and the amount of the indebtedness which was secured, with interest from the date of sale,

Ê whichever is the lesser amount.

      3.  If the debt was secured by property upon which the debtor, guarantor or surety maintains his or her principal residence, there is not more than one residential structure and not more than four families reside, the court shall not render judgment for more than:

      (a) The amount by which the amount of the indebtedness which was secured exceeds the fair market value of the property sold at the time of the sale, with interest from the date of the sale;

      (b) The amount which is the difference between the amount for which the property was actually sold and the amount of the indebtedness which was secured, with interest from the date of sale; or

      (c) If the person seeking the judgment acquired the right to obtain the judgment from a person who previously held that right, the amount by which the amount of the consideration paid for that right exceeds the fair market value of the property sold at the time of sale or the amount for which the property was actually sold, whichever is greater, with interest from the date of sale and reasonable costs,

Ê whichever is the lesser amount.

      [2.]4.  For the purposes of this section, the “amount of the indebtedness” does not include any amount received by, or payable to, the judgment creditor or beneficiary of the deed of trust pursuant to an insurance policy to compensate the judgment creditor or beneficiary for any losses incurred with respect to the property or the default on the debt.

      Sec. 2. NRS 40.4636 is hereby amended to read as follows:

      40.4636  1.  If a person to whom an obligation secured by a junior mortgage or lien on real property is owed:

      (a) Files a civil action to obtain a money judgment against the debtor under that obligation after a foreclosure sale or a sale in lieu of a foreclosure sale; and

      (b) Such action is not barred by NRS 40.430,

Ê in determining the amount owed by the debtor, the court shall not include the amount of any proceeds received by, or payable to, the person pursuant to an insurance policy to compensate the person for losses incurred with respect to the property or the default on the obligation.

      2.  If:

      (a) A person acquired the right to enforce an obligation secured by a junior mortgage or lien on real property from a person who previously held that right;

      (b) The person files a civil action to obtain a money judgment against the debtor after a foreclosure sale or a sale in lieu of a foreclosure sale;

      (c) The obligation was secured by a junior mortgage or lien on real property upon which the debtor maintains his or her principal residence, there is not more than one residential structure and not more than four families reside; and

      [(c)] (d) Such action is not barred by NRS 40.430,

Ê the court shall not render judgment for more than the amount of the consideration paid for that right, plus interest from the date on which the person acquired the right and reasonable costs.

 


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      3.  As used in this section, “obligation secured by a junior mortgage or lien on real property” includes, without limitation, an obligation which is not currently secured by a mortgage or lien on real property if the obligation:

      (a) Is incurred by the debtor under an obligation which was secured by a mortgage or lien on real property; and

      (b) Has the effect of reaffirming the obligation which was secured by a mortgage or lien on real property.

      Sec. 3.  The amendatory provisions of:

      1.  Section 1 of this act apply to a judgment awarded pursuant to NRS 40.459, as amended by section 1 of this act, on or after the effective date of this act, if the promissory note or guaranty evidencing the debt is fully executed on or after July 1, 2011.

      2.  Section 2 of this act apply to a judgment awarded pursuant to subsection 2 of NRS 40.4636, as amended by section 2 of this act, on or after the effective date of this act, if the promissory note or guaranty evidencing the obligation is fully executed on or after July 1, 2011.

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

________

CHAPTER 150, AB 212

Assembly Bill No. 212–Assemblywoman Bustamante Adams (by request)

 

CHAPTER 150

 

[Approved: May 25, 2015]

 

AN ACT relating to crimes; increasing the statute of limitations for sexual assault; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires that criminal proceedings for sexual assault must commence, by way of indictment, criminal information or complaint, within 4 years after the commission of the offense. (NRS 171.085) This bill provides that a prosecution for sexual assault must be commenced within 20 years after the commission of the offense.

 

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:

 

      Sections 1 and 2. (Deleted by amendment.)

      Sec. 3. NRS 171.085 is hereby amended to read as follows:

      171.085  Except as otherwise provided in NRS 171.080, 171.083, 171.084 and 171.095, an indictment for:

      1.  Theft, robbery, burglary, forgery, arson, [sexual assault,] sex trafficking, a violation of NRS 90.570, a violation punishable pursuant to paragraph (c) of subsection 3 of NRS 598.0999 or a violation of NRS 205.377 must be found, or an information or complaint filed, within 4 years after the commission of the offense.

      2.  Sexual assault must be found, or an information or complaint filed, within 20 years after the commission of the offense.

 


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      3.  Any felony other than the felonies listed in [subsection] subsections 1 and 2 must be found, or an information or complaint filed, within 3 years after the commission of the offense.

      Sec. 4. (Deleted by amendment.)

      Sec. 5.  The amendatory provisions of this act apply to a person who:

      1.  Committed sexual assault, as defined in NRS 200.366, before October 1, 2015, if the applicable statute of limitations has commenced but has not yet expired on October 1, 2015.

      2.  Commits sexual assault, as defined in NRS 200.366, on or after October 1, 2015.

________

CHAPTER 151, AB 246

Assembly Bill No. 246–Assemblywomen Bustamante Adams and Diaz

 

CHAPTER 151

 

[Approved: May 25, 2015]

 

AN ACT relating to cosmetology; revising provisions governing advertising of services relating to the practice of cosmetology; establishing the procedures for the registration and training of apprentices for aestheticians, hair designers and nail technologists; establishing the procedures for the registration of shampoo technologists; providing a fee for the registration of such apprentices and shampoo technologists; revising provisions relating to the licensure of various cosmetology professionals, cosmetological establishments and schools of cosmetology; revising provisions concerning service animals and service animals in training that are on the premises of a licensed establishment for hair braiding or cosmetological establishment; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the State Board of Cosmetology to determine the qualification of applicants for various licenses in cosmetology, requires the Board to license schools of cosmetology and authorizes the Board to adopt regulations governing the sanitary conditions in cosmetological establishments, schools of cosmetology and in the practice of cosmetology. (NRS 644.090, 644.120)

      Sections 3 and 17 of this bill make it unlawful to advertise in any manner that is misleading or inaccurate with respect to the provision of any services relating to the practice of cosmetology. Under existing law, a violation of any provision of the chapter governing cosmetology is punishable as a misdemeanor. (NRS 644.480) Section 60 of this bill provides that advertising in violation of section 17 is also a ground for disciplinary action by the Board.

      Sections 5, 7, 8, 12-14, 29 and 39 of this bill establish the procedures for the registration, training and practice of apprentices for aestheticians, hair designers and nail technologists. Sections 10, 15 and 16 of this bill establish a new certificate of registration as a shampoo technologist and set forth the requirements, including passing certain examinations, that must be met before the Board may issue such a certificate of registration to a person. Section 60 provides that failure of a shampoo technologist, aesthetician’s apprentice, hair designer’s apprentice or nail technologist’s apprentice to comply with the requirements relating to those professions is a ground for disciplinary action by the Board.

 


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      Existing law excludes a licensed barbershop in which one or more licensed nail technologists practice from the definition of “cosmetological establishment.” (NRS 644.0225) Section 20 of this bill removes that exception, thus subjecting a nail technologist who practices in a licensed barbershop to the same requirements as a nail technologist who practices in a cosmetological establishment.

      Existing law requires the Board to approve the use of any device used in the practice of cosmetology. (NRS 644.095) Section 25 of this bill authorizes the Board to adopt regulations that ban the use of any device in the practice of cosmetology for good cause or if the device facilitates services outside the scope of the practice of cosmetology.

      Sections 27 and 28 of this bill revise the duties of the Board concerning: (1) records of licensees; and (2) depositing fees collected on behalf of the Board.

      Section 30 of this bill changes the requirements for admission to examination for a license as a cosmetologist by: (1) reducing the amount of training in a school of cosmetology from 1,800 to 1,600 hours for certain applicants; and (2) increasing the amount of specialized training from 400 to 600 hours for applicants who are barbers. Section 31 of this bill eliminates the requirement that a barber must have 400 hours of specialized training before the Board will admit the barber to examination for a license as a hair designer.

      Sections 34, 35 and 41 of this bill revise the requirements for obtaining a license as a hair braider by: (1) eliminating a voter registration card as a document that can be used as proof of the age of an applicant for a license as a hair braider; and (2) adding additional tests or examinations that the Board deems necessary to the requirements for the examination for licensure as a hair braider.

      Section 43 of this bill requires every holder of a license or certificate of registration, as applicable, as a cosmetologist, aesthetician, electrologist, hair designer, shampoo technologist, hair braider, nail technologist or demonstrator of cosmetics to notify the Board within 30 days after a change in his or her personal mailing address.

      Section 44 of this bill expands the applicability and revises the period of validity of a limited license to practice cosmetology in a resort hotel and in other types of locations designated by the Board to include: (1) persons currently licensed in this State as a cosmetologist and (2) persons currently licensed in this State or certain other jurisdictions as a hair designer, nail technologist or aesthetician.

      Sections 45, 46, 49, 51, 55, 57 and 58 of this bill provide the holder of a license or certificate of registration, as applicable, as a cosmetologist, aesthetician, electrologist, hair designer, shampoo technologist, hair braider, nail technologist, demonstrator of cosmetics or instructor and the holder of a license for a cosmetological establishment, establishment for hair braiding or school of cosmetology with the option of having a license period of either 2 or 4 years and set forth the specific fee or range of fees, as applicable, for those periods.

      Existing law provides a range of fees that the Board may charge for examination for licensure or registration as a cosmetologist, electrologist, hair designer, hair braider, nail technologist, aesthetician and as an instructor of aestheticians, hair designers, cosmetology or nail technology. (NRS 644.220) Section 45 adds shampoo technologists and sets forth fees for the issuance of an initial license or certificate of registration for a period of either 2 or 4 years to practice in each of those branches of cosmetology and for an instructor of aestheticians, hair designers, cosmetology or nail technology.

      Existing law prohibits the Board from charging a fee for registering: (1) a person who engages in the practice of threading; or (2) an owner or operator of a kiosk or other stand-alone facility in which threading is practiced. (NRS 644.331) Section 48 of this bill: (1) requires a fee of not more than $25 for registration of such a natural person, owner or operator; and (2) requires, rather than authorizes, the Board to inspect any facility in this State in which threading is conducted.

      Sections 52 and 54 of this bill require a cosmetological establishment to be under the immediate supervision of a person who is licensed in the branch of cosmetology or a combination of branches of cosmetology of the services relating to the practice of cosmetology provided at the cosmetological establishment at the time the services are provided. Those supervision requirements similarly apply to lessees of space at a cosmetological establishment.

 


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      Section 58 of this bill requires the Board to adopt regulations which prescribe the minimum enrollment of students and the amount of floor space required for a proposed school of cosmetology.

      The United States District Court for the District of Nevada recently held that certain provisions of Nevada Revised Statutes governing the supervision, instructors and courses given at schools of cosmetology were unconstitutional as applied to makeup artistry schools. (Waugh v. Nev. State Bd. of Cosmetology, 2014 U.S. Dist. LEXIS 108223 (D. Nev. August 6, 2014)) Section 59 of this bill amends those provisions to: (1) require instructors who supervise a school of cosmetology to have experience in a majority of branches of cosmetology taught at the school of cosmetology instead of experience in a majority of the branches of cosmetology; (2) require a school of cosmetology to either prepare students for an examination for a license in each branch of cosmetology taught at the school of cosmetology or provide a disclaimer to its students indicating that the school does not qualify the student for a license or prepare the student for an examination in any branch of cosmetology; and (3) eliminate the requirement relating to the length of the school term at a school of cosmetology.

      Existing law provides, with limited exceptions, that it is unlawful for any animal to be on the premises of a licensed establishment for hair braiding or cosmetological establishment. (NRS 644.472) Section 63 of this bill expands those exceptions to allow in such an establishment dogs and miniature horses that are trained or being trained for the purposes of certain federal laws governing public accommodations.

      Existing law also provides, in relevant part, that it is unlawful for a place of public accommodation, including, without limitation, a beauty shop, to refuse: (1) admittance or service to a person with a disability because the person is accompanied by a service animal; (2) admittance or service to a person training a service animal; (3) to permit an employee who is training a service animal to bring the service animal into the place of public accommodation; and (4) admittance or service to a person because the person is accompanied by a police dog. (NRS 651.050, 651.075) The definition of “service animal” for the purposes of state law governing public accommodations is broader than the types of service animals that are covered under federal law governing public accommodations which covers only dogs and miniature horses. (28 C.F.R. §§ 35.104, 36.302) Section 64 of this bill provides an exception that is consistent with the provisions of section 63 to the existing state law governing public accommodations. Thus, a licensed establishment for hair braiding or cosmetological establishment in this State will be required to admit only dogs and miniature horses trained or being trained as service animals under federal law, while other places of public accommodation in this State will be required to admit service animals, service animals in training and police dogs as those terms are defined under the broader definitions of service animal and service animal in training which include additional animals. For example, a helper monkey would be included under those broader definitions.

 

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 640C.100 is hereby amended to read as follows:

      640C.100  1.  The provisions of this chapter do not apply to:

      (a) A person licensed pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 640, 640A or 640B of NRS if the massage therapy is performed in the course of the practice for which the person is licensed.

 


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      (b) A person licensed as a barber or apprentice pursuant to chapter 643 of NRS if the person is massaging, cleansing or stimulating the scalp, face, neck or skin within the permissible scope of practice for a barber or apprentice pursuant to that chapter.

      (c) A person licensed or registered as [an] a nail technologist, nail technologist’s apprentice, aesthetician, aesthetician’s apprentice, hair designer, hair designer’s apprentice, hair braider, shampoo technologist, cosmetologist or cosmetologist’s apprentice pursuant to chapter 644 of NRS if the person is massaging, cleansing or stimulating the scalp, face, neck or skin within the permissible scope of practice for [an] a nail technologist, nail technologist’s apprentice, aesthetician, aesthetician’s apprentice, hair designer, hair designer’s apprentice, hair braider, shampoo technologist, cosmetologist or cosmetologist’s apprentice pursuant to that chapter.

      (d) A person who is an employee of an athletic department of any high school, college or university in this State and who, within the scope of that employment, practices massage therapy on athletes.

      (e) Students enrolled in a school of massage therapy recognized by the Board.

      (f) A person who practices massage therapy solely on members of his or her immediate family.

      (g) A person who performs any activity in a licensed brothel.

      2.  Except as otherwise provided in subsection 3, the provisions of this chapter preempt the licensure and regulation of a massage therapist by a county, city or town, including, without limitation, conducting a criminal background investigation and examination of a massage therapist or applicant for a license to practice massage therapy.

      3.  The provisions of this chapter do not prohibit a county, city or town from requiring a massage therapist to obtain a license or permit to transact business within the jurisdiction of the county, city or town, if the license or permit is required of other persons, regardless of occupation or profession, who transact business within the jurisdiction of the county, city or town.

      4.  As used in this section, “immediate family” means persons who are related by blood, adoption or marriage, within the second degree of consanguinity or affinity.

      Sec. 2. Chapter 644 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 17, inclusive, of this act.

      Sec. 3. “Advertise” and “advertising” mean an attempt by written, electronic or graphic representation to elicit enrollment or the sale of goods or services. The terms include, without limitation, such representations made:

      1.  On signs, displays, circulars, brochures, menus of services and recruitment materials; and

      2.  On the Internet, through the press, radio or television, or by use of any other medium.

      Sec. 4. 1.  “Aesthetics” means the practices of:

      (a) Beautifying, massaging, cleansing or stimulating the skin of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions or creams, or any device, electrical or otherwise, for the care of the skin;

      (b) Applying cosmetics or eyelashes to any person, tinting eyelashes and eyebrows, and lightening hair on the body; and

      (c) Removing superfluous hair from the body of any person by the use of depilatories, waxing, tweezers or sugaring,

 


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Ê but does not include the branches of cosmetology of a cosmetologist, hair designer, shampoo technologist, hair braider, electrologist or nail technologist.

      2.  As used in this section, “depilatories” does not include the practice of threading.

      Sec. 5. “Aesthetician’s apprentice” means a person who is engaged in learning the occupation of an aesthetician in a cosmetological establishment and who is registered with the Board to practice aesthetics as an aesthetician’s apprentice.

      Sec. 6. “Hair design” means the practices of:

      1.  Cleansing, stimulating or massaging the scalp, or cleansing or beautifying the hair by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.

      2.  Cutting, trimming or shaping the hair.

      3.  Arranging, dressing, curling, waving, cleansing, singeing, bleaching, tinting, coloring or straightening the hair of any person with the hands or mechanical or electrical apparatus or appliances, or by other means or similar work incident to or necessary for the proper carrying on of the practice or occupation of hair designer provided by the terms of this chapter.

      Sec. 7. “Hair designer’s apprentice” means a person who is engaged in learning the occupation of a hair designer in a cosmetological establishment and who is registered with the Board to practice hair design as a hair designer’s apprentice.

      Sec. 8. “Nail technologist’s apprentice” means a person who is engaged in learning the occupation of a nail technologist in a cosmetological establishment and who is registered with the Board to practice nail technology as a nail technologist’s apprentice.

      Sec. 9. “Nail technology” means the practices of:

      1.  Care of another’s fingernails or toenails.

      2.  Beautification of another’s nails.

      3.  Extension of another’s nails.

      4.  Massaging of another’s hands, forearms, feet or lower legs.

      Sec. 10. “Shampoo technologist” means any person who, for compensation or by demonstration, engages in shampoo technology under the immediate supervision of a licensed cosmetologist or hair designer.

      Sec. 11. 1.  “Shampoo technology” means the practices of:

      (a) Cleansing of the hair or scalp, including, without limitation:

             (1) Brushing and combing the hair;

             (2) Applying shampoo and conditioner to the hair; and

             (3) Rinsing the hair, including, without limitation, rinsing the hair to remove shampoos, conditioners, tints, relaxers and other solutions.

      (b) Removing rollers, permanent rods, hairpins, clips or similar hair fasteners from the hair.

      (c) Cleaning and disinfecting the shampoo bowl.

      2.  The term does not include any other activity set forth in the definition of “cosmetologist” pursuant to NRS 644.023 or the definition of “hair design” pursuant to section 6 of this act other than the activities expressly set forth in subsection 1.

      Sec. 12. 1.  The Board may issue a certificate of registration as an aesthetician’s apprentice to a person if:

 


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      (a) The person is required to travel more than 60 miles from his or her place of residence to attend a licensed school of cosmetology; and

      (b) The training of the person as an aesthetician’s apprentice will be conducted at a licensed cosmetological establishment that is located 60 miles or more from a licensed school of cosmetology.

      2.  The Board may, for good cause shown, waive the requirements of subsection 1 for a particular applicant.

      3.  An applicant for a certificate of registration as an aesthetician’s apprentice must submit an application to the Board on a form prescribed by the Board. The application must be accompanied by a fee of $100 and must include:

      (a) A statement signed by the licensed aesthetician or licensed cosmetologist who will be supervising and training the aesthetician’s apprentice which states that the licensed aesthetician or licensed cosmetologist has been licensed by the Board to practice aesthetics in this State for not less than 3 years immediately preceding the date of the application and that his or her license has been in good standing during that period;

      (b) A statement signed by the owner of the licensed cosmetological establishment where the applicant will be trained which states that the owner will permit the applicant to be trained as an aesthetician’s apprentice at the cosmetological establishment; and

      (c) Such other information as the Board may require by regulation.

      4.  A certificate of registration as an aesthetician’s apprentice is valid for 12 months after the date on which it is issued and may be renewed by the Board upon good cause shown.

      Sec. 13. 1.  The Board may issue a certificate of registration as a hair designer’s apprentice to a person if:

      (a) The person is required to travel more than 60 miles from his or her place of residence to attend a licensed school of cosmetology; and

      (b) The training of the person as a hair designer’s apprentice will be conducted at a licensed cosmetological establishment that is located 60 miles or more from a licensed school of cosmetology.

      2.  The Board may, for good cause shown, waive the requirements of subsection 1 for a particular applicant.

      3.  An applicant for a certificate of registration as a hair designer’s apprentice must submit an application to the Board on a form prescribed by the Board. The application must be accompanied by a fee of $100 and must include:

      (a) A statement signed by the licensed hair designer or licensed cosmetologist who will be supervising and training the hair designer’s apprentice which states that the licensed hair designer or licensed cosmetologist has been licensed by the Board to practice hair design in this State for not less than 3 years immediately preceding the date of the application and that his or her license has been in good standing during that period;

      (b) A statement signed by the owner of the licensed cosmetological establishment where the applicant will be trained which states that the owner will permit the applicant to be trained as a hair designer’s apprentice at the cosmetological establishment; and

      (c) Such other information as the Board may require by regulation.

 


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      4.  A certificate of registration as a hair designer’s apprentice is valid for 19 months after the date on which it is issued and may be renewed by the Board upon good cause shown.

      Sec. 14. 1.  The Board may issue a certificate of registration as a nail technologist’s apprentice to a person if:

      (a) The person is required to travel more than 60 miles from his or her place of residence to attend a licensed school of cosmetology; and

      (b) The training of the person as a nail technologist’s apprentice will be conducted at a licensed cosmetological establishment that is located 60 miles or more from a licensed school of cosmetology.

      2.  The Board may, for good cause shown, waive the requirements of subsection 1 for a particular applicant.

      3.  An applicant for a certificate of registration as a nail technologist’s apprentice must submit an application to the Board on a form prescribed by the Board. The application must be accompanied by a fee of $100 and must include:

      (a) A statement signed by the licensed nail technologist or licensed cosmetologist who will be supervising and training the nail technologist’s apprentice which states that the licensed nail technologist or licensed cosmetologist has been licensed by the Board to practice nail technology in this State for not less than 3 years immediately preceding the date of the application and that his or her license has been in good standing during that period;

      (b) A statement signed by the owner of the licensed cosmetological establishment where the applicant will be trained which states that the owner will permit the applicant to be trained as a nail technologist’s apprentice at the cosmetological establishment; and

      (c) Such other information as the Board may require by regulation.

      4.  A certificate of registration as a nail technologist’s apprentice is valid for 10 months after the date on which it is issued and may be renewed by the Board upon good cause shown.

      Sec. 15. 1.  The Board shall admit to examination for a certificate of registration as a shampoo technologist, any person who has applied to the Board in proper form and paid the fee, and who:

      (a) Is not less than 16 years of age.

      (b) Is of good moral character.

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

      (d) Has successfully completed the 10th grade in school or its equivalent.

      (e) Satisfies at least one of the following:

             (1) Training of at least 50 hours in a licensed school of cosmetology as a student of the occupation of a cosmetologist or hair designer;

             (2) Training of at least 50 hours in a licensed school of cosmetology in a curriculum prescribed by the Board by regulation;

             (3) Training of at least 50 hours which is administered online by the Board in a curriculum prescribed by the Board by regulation; or

             (4) Has had practice as a full-time licensed shampoo technologist for 1 year outside this State.

      2.  The Board may charge a fee of not more than $50 to administer the training described in subparagraph (3) of paragraph (e) of subsection 1.

 


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      3.  A certificate of registration as a shampoo technologist is valid for 2 years after the date on which it is issued and may be renewed by the Board upon good cause shown.

      Sec. 16. The examination for a certificate of registration as a shampoo technologist must include:

      1.  Practical demonstrations in shampooing and rinsing the hair which are approved and conducted by the Board or a licensed school of cosmetology;

      2.  A written test on the laws of Nevada and the regulations of the Board relating to cosmetology; and

      3.  Such other demonstrations and tests as the Board requires.

      Sec. 17. With regard to advertising relating to the education, licensing or practice of cosmetology or threading:

      1.  It is unlawful to advertise in any manner that is misleading or inaccurate with respect to any services relating to the practice of cosmetology offered by a licensee or other natural person.

      2.  An advertisement must not state or imply favorable consideration by the Board except that an advertisement may state that a cosmetological establishment, establishment for hair braiding, school of cosmetology or licensee is licensed by the Board.

      3.  Except as otherwise provided in subsection 4, an advertisement for services relating to the practice of cosmetology must list:

      (a) The name, as it appears on the license, and license number of the cosmetological establishment or establishment for hair braiding where the services will be provided; and

      (b) The name and license number of any licensee mentioned in the advertisement.

      4.  An advertisement for services relating to the practice of cosmetology to be provided at a school of cosmetology must list the name, as it appears on the license, and license number of the school of cosmetology where the services will be provided.

      Sec. 18. NRS 644.020 is hereby amended to read as follows:

      644.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 644.0205 to 644.0295, inclusive, and sections 3 to 11, inclusive of this act have the meanings ascribed to them in those sections.

      Sec. 19. NRS 644.0205 is hereby amended to read as follows:

      644.0205  [1.]  “Aesthetician” means any person who engages in the [practices of:

      (a) Beautifying, massaging, cleansing or stimulating the skin of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions or creams, or any device, electrical or otherwise, for the care of the skin;

      (b) Applying cosmetics or eyelashes to any person, tinting eyelashes and eyebrows, and lightening hair on the body; and

      (c) Removing superfluous hair from the body of any person by the use of depilatories, waxing, tweezers or sugaring,

Ê but does not include the branches of cosmetology of a cosmetologist, hair designer, hair braider, electrologist or nail technologist.

      2.  As used in this section, “depilatories” does not include the practice of threading.] practice of aesthetics.

 


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      Sec. 20. NRS 644.0225 is hereby amended to read as follows:

      644.0225  “Cosmetological establishment” means any premises, mobile unit, building or part of a building where cosmetology is practiced . [, other than a licensed barbershop in which one or more licensed nail technologists practice.]

      Sec. 21. NRS 644.024 is hereby amended to read as follows:

      644.024  “Cosmetology” includes the occupations of a cosmetologist, aesthetician, electrologist, hair designer, shampoo technologist, hair braider, demonstrator of cosmetics and nail technologist.

      Sec. 22. NRS 644.0277 is hereby amended to read as follows:

      644.0277  “Hair designer” means any person who engages in the [practices of:

      1.  Cleansing, stimulating or massaging the scalp, or cleansing or beautifying the hair by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.

      2.  Cutting, trimming or shaping the hair.

      3.  Arranging, dressing, curling, waving, cleansing, singeing, bleaching, tinting, coloring or straightening the hair of any person with the hands or mechanical or electrical apparatus or appliances, or by other means or similar work incident to or necessary for the proper carrying on of the practice or occupation provided by the terms of this chapter.] practice of hair design.

      Sec. 23. NRS 644.029 is hereby amended to read as follows:

      644.029  “Nail technologist” means any person who, for compensation or by demonstration, engages in the [practices of:

      1.  Care of another’s fingernails or toenails.

      2.  Beautification of another’s nails.

      3.  Extension of another’s nails.

      4.  Massaging of another’s hands, forearms, feet or lower legs.] practice of nail technology.

      Sec. 24. NRS 644.090 is hereby amended to read as follows:

      644.090  The Board shall:

      1.  Hold examinations to determine the qualifications of all applicants for a license, except as otherwise provided in this chapter, whose applications have been submitted to it in proper form.

      2.  Issue licenses to such applicants as may be entitled thereto.

      3.  License establishments for hair braiding, cosmetological establishments and schools of cosmetology.

      4.  Report to the proper prosecuting officer or law enforcement agency each violation of this chapter coming within its knowledge.

      5.  Inspect schools of cosmetology, establishments for hair braiding , [and] cosmetological establishments and any facility in this State in which threading is conducted to ensure compliance with the statutory requirements and adopted regulations of the Board. This authority extends to any member of the Board or its authorized employees.

      Sec. 25. NRS 644.095 is hereby amended to read as follows:

      644.095  [Any]

      1.  The Board may, by regulation, ban the use of any device [used] in the practice of cosmetology [must be approved by the Board.] for good cause or if the device facilitates services outside the scope of the practice of cosmetology.

      2.  Except as otherwise provided in this subsection, a device the use of which has been banned by the Board pursuant to subsection 1 must not be located within a cosmetological establishment.

 


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located within a cosmetological establishment. Such a device may be located within an area of a cosmetological establishment used for selling products at retail.

      Sec. 26. NRS 644.120 is hereby amended to read as follows:

      644.120  1.  The Board may adopt such regulations governing sanitary conditions as it deems necessary with particular reference to the precautions to be employed to prevent the creating or spreading of infectious or contagious diseases in the practice of hair braiding, in establishments for hair braiding, in the practice of a cosmetologist, in cosmetological establishments or schools of cosmetology, in the practice of threading and in any facility in this State in which threading is conducted.

      2.  No regulation governing sanitary conditions thus adopted has any effect until it has been approved by the State Board of Health.

      3.  A copy of all regulations governing sanitary conditions which are adopted must be furnished to each person to whom a license is issued for the conduct of a cosmetological establishment, establishment for hair braiding, school of cosmetology , [or] practice of cosmetology [.] or facility in this State in which threading is conducted.

      Sec. 27. NRS 644.130 is hereby amended to read as follows:

      644.130  1.  The Board shall keep a record containing the name, known place or places of business, electronic mail address, personal mailing address, telephone number and the date and number of the license or certificate of registration, as applicable, of every nail technologist, electrologist, aesthetician, hair designer, shampoo technologist, hair braider, demonstrator of cosmetics and cosmetologist, together with the names and addresses of all establishments for hair braiding, cosmetological establishments and schools of cosmetology licensed pursuant to this chapter. The record must also contain the facts which the applicants claimed in their applications to justify their licensure [.] or registration.

      2.  The Board may disclose the information contained in the record kept pursuant to subsection 1 to:

      (a) Any other licensing board or agency that is investigating a licensee.

      (b) A member of the general public, except information concerning the [home and] personal mailing address, work address , electronic mail address and telephone number of a licensee [.] or registrant.

      Sec. 28. NRS 644.170 is hereby amended to read as follows:

      644.170  1.  All fees collected on behalf of the Board and all receipts of every kind and nature must be reported at the beginning of each month, for the month preceding, to the Board. At the same time, the entire amount of collections, except as otherwise provided in subsection 5, must be paid to the [Treasurer of the] Board, who shall deposit them in banks, credit unions or savings and loan associations in the State of Nevada.

      2.  The receipts must be for the uses of the Board and out of them must be paid all salaries and all other expenses necessarily incurred in carrying into effect the provisions of this chapter.

      3.  All orders for payment of money must be drawn on the Treasurer of the Board and countersigned by the President and the Secretary of the Board.

      4.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this State.

 


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      5.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 4 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 29. NRS 644.190 is hereby amended to read as follows:

      644.190  1.  It is unlawful for any person to conduct or operate a cosmetological establishment, an establishment for hair braiding, a school of cosmetology or any other place of business in which any one or any combination of the occupations of cosmetology are taught or practiced unless the person is licensed in accordance with the provisions of this chapter.

      2.  Except as otherwise provided in subsections 4 and 5, it is unlawful for any person to engage in, or attempt to engage in, the practice of cosmetology or any branch thereof, whether for compensation or otherwise, unless the person is licensed or registered in accordance with the provisions of this chapter.

      3.  This chapter does not prohibit:

      (a) Any student in any school of cosmetology established pursuant to the provisions of this chapter from engaging, in the school and as a student, in work connected with any branch or any combination of branches of cosmetology in the school.

      (b) An electrologist’s apprentice from participating in a course of practical training and study.

      (c) A person issued a provisional license as an instructor pursuant to NRS 644.193 from acting as an instructor and accepting compensation therefor while accumulating the hours of training as a teacher required for an instructor’s license.

      (d) The rendering of [cosmetological] services relating to the practice of cosmetology by a person who is licensed or registered in accordance with the provisions of this chapter, if those services are rendered in connection with photographic services provided by a photographer.

      (e) A registered cosmetologist’s apprentice from engaging in the practice of cosmetology under the immediate supervision of a licensed cosmetologist.

      (f) A registered shampoo technologist from engaging in the practice of shampoo technology under the immediate supervision of a licensed cosmetologist or hair designer.

      (g) A registered aesthetician’s apprentice from engaging in the practice of aesthetics under the immediate supervision of a licensed aesthetician or licensed cosmetologist.

      (h) A registered hair designer’s apprentice from engaging in the practice of hair design under the immediate supervision of a licensed hair designer or licensed cosmetologist.

      (i) A registered nail technologist’s apprentice from engaging in the practice of nail technology under the immediate supervision of a licensed nail technologist or licensed cosmetologist.

      4.  A person employed to render [cosmetological] services relating to the practice of cosmetology in the course of and incidental to the production of a motion picture, television program, commercial or advertisement is exempt from the licensing requirements of this chapter if he or she renders [cosmetological] those services only to persons who will appear in that motion picture, television program, commercial or advertisement.

 


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      5.  A person practicing hair braiding is exempt from the licensing requirements of this chapter applicable to hair braiding if the hair braiding is practiced on a person who is related within the sixth degree of consanguinity and the person does not accept compensation for the hair braiding.

      Sec. 30. NRS 644.200 is hereby amended to read as follows:

      644.200  The Board shall admit to examination for a license as a cosmetologist, at any meeting of the Board held to conduct examinations, any person who has made application to the Board in proper form and paid the fee, and who before or on the date of the examination:

      1.  Is not less than 18 years of age.

      2.  Is of good moral character.

      3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      4.  Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to applicable state or federal requirements.

      5.  Has had any one of the following:

      (a) Training of at least [1,800] 1,600 hours, extending over a school term of 10 months, in a school of cosmetology approved by the Board.

      (b) Practice of the occupation of a cosmetologist for a period of 4 years outside this State.

      (c) If the applicant is a barber registered pursuant to chapter 643 of NRS, [400] 600 hours of specialized training approved by the Board.

      (d) [Completion of at] At least 3,600 hours of service as a cosmetologist’s apprentice in a licensed cosmetological establishment in which all of the occupations of cosmetology are practiced. The required hours must have been completed during the period of validity of the certificate of registration as a cosmetologist’s apprentice issued to the person pursuant to NRS 644.217.

      Sec. 31. NRS 644.204 is hereby amended to read as follows:

      644.204  The Board shall admit to examination for a license as a hair designer, at any meeting of the Board held to conduct examinations, each person who has applied to the Board in proper form and paid the fee, and who:

      1.  Is not less than 18 years of age.

      2.  Is of good moral character.

      3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      4.  Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to state or federal requirements.

      5.  [Has had] Satisfies at least one of the following:

      (a) [Training] Is a barber registered pursuant to chapter 643 of NRS.

      (b) Has had training of at least 1,200 hours, extending over a period of 7 consecutive months, in a school of cosmetology approved by the Board.

      [(b) Practice]

      (c) Has had practice of the occupation of hair designing for at least 4 years outside this State.

      [(c) If the applicant is a barber registered pursuant to chapter 643 of NRS, 400 hours of specialized training approved by the Board.]

      (d) Has had at least 2,400 hours of service as a hair designer’s apprentice in a licensed cosmetological establishment in which hair design is practiced.

 


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is practiced. The required hours must have been completed during the period of validity of the certificate of registration as a hair designer’s apprentice issued to the person pursuant to section 13 of this act.

      Sec. 32. NRS 644.205 is hereby amended to read as follows:

      644.205  The Board shall admit to examination for a license as a nail technologist any person who has made application to the Board in proper form, paid the fee and who, before or on the date of the examination:

      1.  Is not less than 18 years of age.

      2.  Is of good moral character.

      3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      4.  Has successfully completed the 10th grade in school or its equivalent.

      5.  Has had any one of the following:

      (a) Practical training of at least 600 hours under the immediate supervision of a licensed instructor in a licensed school of cosmetology in which the practice is taught.

      (b) Practice as a full-time licensed nail technologist for 1 year outside the State of Nevada.

      (c) At least 1,200 hours of service as a nail technologist’s apprentice in a licensed cosmetological establishment in which nail technology is practiced. The required hours must have been completed during the period of validity of the certificate of registration as a nail technologist’s apprentice issued to the person pursuant to section 14 of this act.

      Sec. 33. NRS 644.207 is hereby amended to read as follows:

      644.207  The Board shall admit to examination for a license as an aesthetician any person who has made application to the Board in proper form, paid the fee and:

      1.  Is at least 18 years of age;

      2.  Is of good moral character;

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

      4.  Has successfully completed the 10th grade in school or its equivalent; and

      5.  Has [received a] had any one of the following:

      (a) A minimum of 900 hours of training, which includes theory, modeling and practice, in a licensed school of cosmetology . [or who has practiced]

      (b) Practice as a full-time licensed aesthetician for at least 1 year.

      (c) At least 1,800 hours of service as an aesthetician’s apprentice in a licensed cosmetological establishment in which aesthetics is practiced. The required hours must have been completed during the period of validity of the certificate of registration as an aesthetician’s apprentice issued to the person pursuant to section 12 of this act.

      Sec. 34. NRS 644.208 is hereby amended to read as follows:

      644.208  1.  The Board shall admit to examination as a hair braider, at any meeting of the Board held to conduct examinations, each person who has applied to the Board in proper form and paid the fee, and who:

      (a) Is not less than 18 years of age.

      (b) Is of good moral character.

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

 


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      (d) Has successfully completed the 10th grade in school or its equivalent and has submitted to the Board a notarized affidavit establishing the successful completion by the applicant of the 10th grade or its equivalent. Testing for equivalency must be pursuant to state or federal requirements.

      (e) If the person has not practiced hair braiding previously:

             (1) Has completed a minimum of 250 hours of training and education as follows:

                   (I) Fifty hours concerning the laws of Nevada and the regulations of the Board relating to cosmetology;

                   (II) Seventy-five hours concerning infection control and prevention and sanitation;

                   (III) Seventy-five hours regarding the health of the scalp and the skin of the human body; and

                   (IV) Fifty hours of clinical practice; and

             (2) Has passed the practical demonstration in hair braiding and written tests described in NRS 644.248.

      (f) If the person has practiced hair braiding in this State on a person who is related within the sixth degree of consanguinity without a license and without charging a fee:

             (1) Has submitted to the Board a signed affidavit stating that the person has practiced hair braiding for at least 1 year on such a relative; and

             (2) Has passed the practical demonstration in hair braiding and written tests described in NRS 644.248.

      2.  The application submitted pursuant to subsection 1 must be accompanied by:

      (a) Two current photographs of the applicant which are [1 1/2 by 1 1/2] 2 by 2 inches. The name and address of the applicant must be written on the back of each photograph.

      (b) A copy of one of the following documents as proof of the age of the applicant:

             (1) A driver’s license or identification card issued to the applicant by this State or another state, the District of Columbia or any territory of the United States;

             (2) The birth certificate of the applicant; or

             (3) The current passport issued to the applicant . [; or

             (4) A voter registration card issued to the applicant pursuant to NRS 293.517.]

      Sec. 35. NRS 644.209 is hereby amended to read as follows:

      644.209  1.  The Board shall admit to examination as a hair braider, at any meeting of the Board held to conduct examinations, each person who has practiced hair braiding in another state, has applied to the Board in proper form and paid a fee of $200, and who:

      (a) Is not less than 18 years of age.

      (b) Is of good moral character.

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

      (d) Has successfully completed the 10th grade in school or its equivalent and has submitted to the Board a notarized affidavit establishing the successful completion by the applicant of the 10th grade or its equivalent. Testing for equivalency must be pursuant to state or federal requirements.

      (e) If the person has practiced hair braiding in another state in accordance with a license issued in that other state:

 


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             (1) Has submitted to the Board proof of the license; and

             (2) Has passed the written tests described in NRS 644.248.

      (f) If the person has practiced hair braiding in another state without a license and it is legal in that state to practice hair braiding without a license:

             (1) Has submitted to the Board a signed affidavit stating that the person has practiced hair braiding for at least 1 year; and

             (2) Has passed the practical demonstration in hair braiding and written tests described in NRS 644.248.

      2.  The application submitted pursuant to subsection 1 must be accompanied by:

      (a) Two current photographs of the applicant which are [1 1/2 by 1 1/2] 2 by 2 inches. The name and address of the applicant must be written on the back of each photograph.

      (b) A copy of one of the following documents as proof of the age of the applicant:

             (1) A driver’s license or identification card issued to the applicant by this State or another state, the District of Columbia or any territory of the United States;

             (2) The birth certificate of the applicant; or

             (3) The current passport issued to the applicant . [; or

             (4) A voter registration card issued to the applicant pursuant to NRS 293.517.]

      Sec. 36. NRS 644.210 is hereby amended to read as follows:

      644.210  1.  An application for admission to examination or for a license in any branch of cosmetology, or for a certificate of registration as a shampoo technologist, aesthetician’s apprentice, cosmetologist’s apprentice, hair designer’s apprentice or nail technologist’s apprentice must be made in writing on forms furnished by the Board and must be submitted within the period designated by the Board. The Board shall charge a fee of $15 for furnishing the forms.

      2.  An application must contain proof of the qualifications of the applicant for examination , [or] licensure [.] or registration. The application must be verified by the oath of the applicant.

      Sec. 37. NRS 644.214 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, and sections 12 to 16, inclusive, of this act shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, and sections 12 to 16, inclusive, of this act shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the Board.

 


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      3.  A license or evidence of registration may not be issued or renewed by the Board pursuant to NRS 644.190 to 644.330, inclusive, and sections 12 to 16, inclusive, of this act if the applicant:

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

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

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

      Sec. 38. NRS 644.217 is hereby amended to read as follows:

      644.217  1.  The Board may issue a certificate of registration as a cosmetologist’s apprentice to a person if:

      (a) The person is required to travel more than 60 miles from his or her place of residence to attend a licensed school of cosmetology; and

      (b) The training of the person as a cosmetologist’s apprentice will be conducted at a licensed cosmetological establishment that is located 60 miles or more from a licensed school of cosmetology.

      2.  The Board may, for good cause shown, waive the requirements of subsection 1 for a particular applicant.

      3.  An applicant for a certificate of registration as a cosmetologist’s apprentice must submit an application to the Board on a form prescribed by the Board. The application must be accompanied by a fee of $100 and must include:

      (a) A statement signed by the licensed cosmetologist who will be supervising and training the cosmetologist’s apprentice which states that the licensed cosmetologist has been licensed by the Board to practice cosmetology in this State for not less than 3 years immediately preceding the date of the application and that his or her license has been in good standing during that period;

      (b) A statement signed by the owner of the licensed cosmetological establishment where the applicant will be trained which states that the owner will permit the applicant to be trained as a cosmetologist’s apprentice at the cosmetological establishment; and

      (c) Such other information as the Board may require by regulation.

      4.  A certificate of registration as a cosmetologist’s apprentice is valid for [2 years] 24 months after the date on which it is issued and may be renewed by the Board upon good cause shown.

      Sec. 39. NRS 644.2175 is hereby amended to read as follows:

      644.2175  1.  A holder of a certificate of registration as a cosmetologist’s apprentice or apprentice of a single branch of cosmetology shall display the certificate of registration issued to him or her by the Board or a duplicate of the certificate of registration in plain view of the public at the position where the [cosmetologist’s] apprentice is being trained. [The]

 


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      2.  If the apprentice is:

      (a) A cosmetologist’s apprentice, the cosmetologist’s apprentice, the licensed cosmetologist supervising and training the cosmetologist’s apprentice, and the owner of the cosmetological establishment where the cosmetologist’s apprentice is being trained shall not advertise or hold the cosmetologist’s apprentice out as being a licensed cosmetologist, or use any title or abbreviation that would indicate that the cosmetologist’s apprentice is a licensed cosmetologist.

      [2.](b) An apprentice of a single branch of cosmetology, the licensed cosmetologist, aesthetician, electrologist, hair designer or nail technologist supervising and training the apprentice, and the owner of the cosmetological establishment where the apprentice is being trained shall not advertise or hold the apprentice out as being a licensed cosmetologist, aesthetician, electrologist, hair designer or nail technologist or use any title or abbreviation that would indicate that the apprentice is a licensed cosmetologist, aesthetician, electrologist, hair designer or nail technologist.

      3.  To receive credit for an apprenticeship [, a] :

      (a) A cosmetologist’s apprentice must be regularly employed during his or her training by:

      [(a)] (1) The cosmetological establishment where the cosmetologist’s apprentice is being trained; or

      [(b)] (2) If the cosmetologist’s apprentice is being supervised and trained by a licensed cosmetologist who is leasing space in a cosmetological establishment, the licensed cosmetologist.

      [3.](b) An apprentice of a single branch of cosmetology must be regularly employed during his or her training by:

             (1) The cosmetological establishment where the apprentice is being trained; or

             (2) If the apprentice is being supervised and trained by a licensed cosmetologist, aesthetician, electrologist, hair designer or nail technologist who is leasing space in a cosmetological establishment, the licensed cosmetologist, aesthetician, electrologist, hair designer or nail technologist.

      4.  Not more than one cosmetologist’s apprentice or apprentice of a single branch of cosmetology may be employed at any time at a licensed cosmetological establishment.

      [4.]5.  A licensed [cosmetologist] :

      (a) Cosmetologist who is supervising and training a cosmetologist’s apprentice shall:

      [(a)] (1) Supervise all work done by the cosmetologist’s apprentice; and

      [(b)] (2) Be in attendance at all times that the cosmetologist’s apprentice is engaged in the practice of cosmetology.

      [5.](b) Cosmetologist, aesthetician, electrologist, hair designer or nail technologist who is supervising and training an apprentice of a single branch of cosmetology shall:

             (1) Supervise all work done by the apprentice; and

             (2) Be in attendance at all times that the apprentice is engaged in the practice of the branch of cosmetology for which the apprentice holds a certificate of registration.

      6.  A licensed [cosmetologist] :

      (a) Cosmetologist who is supervising and training a cosmetologist’s apprentice shall keep a daily record of the training that is provided to the cosmetologist’s apprentice. The licensed cosmetologist shall:

 


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      [(a)] (1) Keep the daily records at the cosmetological establishment where the cosmetologist’s apprentice is being trained and, upon the request of the Board, make the daily records available to the Board; and

      [(b)] (2) Submit a copy of the records to the Board at such regular intervals as the Board may require by regulation.

      [6.](b) Cosmetologist, aesthetician, electrologist, hair designer or nail technologist who is supervising and training an apprentice of a single branch of cosmetology shall keep a daily record of the training that is provided to the apprentice. The licensed cosmetologist, aesthetician, electrologist, hair designer or nail technologist shall:

             (1) Keep the daily records at the cosmetological establishment where the apprentice is being trained and, upon the request of the Board, make the daily records available to the Board; and

             (2) Submit a copy of the records to the Board at such regular intervals as the Board may require by regulation.

      7.  For the purposes of this chapter:

      (a) A licensed cosmetologist is not required to obtain a license from the Board as an instructor to train a cosmetologist’s apprentice pursuant to this section and NRS 644.217, and the licensed cosmetologist is not subject to regulation as an instructor because he or she provides such training.

      (b) A licensed cosmetologist, aesthetician, electrologist, hair designer or nail technologist is not required to obtain a license from the Board as an instructor to train an apprentice of a single branch of cosmetology pursuant to this section and NRS 644.215 or section 12, 13 or 14 of this act, and the licensed cosmetologist, aesthetician, electrologist, hair designer or nail technologist is not subject to regulation as an instructor because he or she provides such training.

      (c) A licensed cosmetological establishment which employs a cosmetologist’s apprentice or apprentice of a single branch of cosmetology or at which a cosmetologist’s apprentice or apprentice of a single branch of cosmetology is being trained is not subject to regulation as a school of cosmetology because the cosmetologist’s apprentice or apprentice of a single branch of cosmetology is being trained at the cosmetological establishment.

      [7.]8.  The Board may adopt:

      (a) Regulations relating to the qualifications of a licensed [cosmetologist] :

             (1) Cosmetologist to supervise and train a cosmetologist’s apprentice; and

             (2) Cosmetologist, aesthetician, electrologist, hair designer or nail technologist to supervise and train an apprentice of a single branch of cosmetology;

      (b) Regulations relating to the procedures and subject matter that must be included in the training of a cosmetologist’s apprentice [;] or an apprentice of a single branch of cosmetology;

      (c) Regulations relating to the training of a cosmetologist’s apprentice or apprentice of a single branch of cosmetology to verify the number of hours of training received by the cosmetologist’s apprentice [;] or apprentice of a single branch of cosmetology; and

      (d) Such other regulations as the Board determines necessary to carry out the provisions of this section and NRS 644.215 and 644.217 [.] and sections 12, 13 and 14 of this act.

 


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      9.  As used in this section, “apprentice of a single branch of cosmetology” means a person engaged in learning the occupation of aesthetician, electrologist, hair designer or nail technologist.

      Sec. 40. NRS 644.220 is hereby amended to read as follows:

      644.220  1.  In addition to the fee for an application, the fees for examination are:

      (a) For examination as a cosmetologist, not less than $75 and not more than $200.

      (b) For examination as an electrologist, not less than $75 and not more than $200.

      (c) For examination as a hair designer, not less than $75 and not more than $200.

      (d) For examination as a shampoo technologist, not less than $50 and not more than $100.

      (e) For examination as a hair braider, $110.

      [(e)] (f) For examination as a nail technologist, not less than $75 and not more than $200.

      [(f)] (g) For examination as an aesthetician, not less than $75 and not more than $200.

      [(g)] (h) For examination as an instructor of aestheticians, hair designers, cosmetology or nail technology, not less than $75 and not more than $200.

      2.  Except as otherwise provided in this subsection, the fee for each reexamination is not less than $75 and not more than $200. The fee for reexamination as a hair braider is $110.

      3.  In addition to the fee for an application, the fee for examination or reexamination as a demonstrator of cosmetics is $75.

      4.  Each applicant referred to in subsections 1 and 3 shall, in addition to the fees specified therein, pay the reasonable value of all supplies necessary to be used in the examination.

      Sec. 41. NRS 644.248 is hereby amended to read as follows:

      644.248  1.  The examination for licensure as a hair braider pursuant to paragraph (e) of subsection 1 of NRS 644.209 must include:

      (a) A written test on antisepsis, sterilization and sanitation; [and]

      (b) A written test on the laws of Nevada and the regulations of the Board relating to cosmetology [.] ; and

      (c) Such other tests or examinations as the Board deems necessary.

      2.  The examination for licensure as a hair braider pursuant to NRS 644.208 or paragraph (f) of subsection 1 of NRS 644.209 must include:

      (a) The written tests and such other tests or examinations described in subsection 1; and

      (b) A practical demonstration in hair braiding.

      Sec. 42. NRS 644.260 is hereby amended to read as follows:

      644.260  The Board shall issue a license or certificate of registration, as applicable, as a cosmetologist, aesthetician, electrologist, hair designer, shampoo technologist, hair braider, nail technologist, demonstrator of cosmetics or instructor to each applicant who:

      1.  [Passes] Except as otherwise provided in section 16 of this act, passes a satisfactory examination, conducted by the Board to determine his or her fitness to practice that occupation of cosmetology; and

      2.  Complies with such other requirements as are prescribed in this chapter for the issuance of the license [.] or certificate of registration.

 


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      Sec. 43. NRS 644.300 is hereby amended to read as follows:

      644.300  Every licensed or registered nail technologist, electrologist, aesthetician, hair designer, shampoo technologist, hair braider, demonstrator of cosmetics or cosmetologist shall, within 30 days after changing his or her place of business [,] or personal mailing address, as designated in the records of the Board, notify the [Secretary of the] Board of the new place of business [.] or personal mailing address. Upon receipt of the notification, the [Secretary] Board shall make the necessary change in the records.

      Sec. 44. NRS 644.315 is hereby amended to read as follows:

      644.315  1.  The Board may, without examination, issue a limited license to a person [currently licensed as a cosmetologist in another state or territory of the United States or the District of Columbia] who intends to practice cosmetology in this State in the [limited] manner set forth in this section [.] and who is currently licensed as a cosmetologist, hair designer, nail technologist or aesthetician:

      (a) Pursuant to NRS 644.200, 644.204, 644.205 or 644.207, respectively; or

      (b) In another state or territory of the United States or the District of Columbia.

      2.  A limited license issued pursuant to this section authorizes the holder of the limited license to practice cosmetology in this State:

      (a) [In] Within the branch of cosmetology or branches of cosmetology for which the person is licensed in a resort hotel and in other types of locations the Board designates by regulation; and

      (b) For [not] :

             (1) A 1-year period; or

             (2) Not more than five periods, of not more than 10 days each, during any 1-year period for which the license is issued or renewed.

      3.  To apply for a limited license [pursuant to this section,] for the period described in subparagraph (1) of paragraph (b) of subsection 2, an applicant must submit to the Board:

      (a) An application which includes the name of the applicant and the number [or other designation identifying] of the applicant’s license [from the other jurisdiction;] issued pursuant to NRS 644.200, 644.204, 644.205 or 644.207, respectively;

      (b) Proof of successful completion of a course provided by the Board relating to sanitation and infection control when providing services relating to the practice of cosmetology in a location other than a cosmetological establishment;

      (c) Any other information required by the Board; and

      [(c)] (d) An application fee of $100.

      4.  To apply for a limited license for the period described in subparagraph (2) of paragraph (b) of subsection 2, an applicant must submit to the Board:

      (a) An application which includes the name of the applicant and:

             (1) The number of the applicant’s license issued pursuant to NRS 644.200, 644.204, 644.205 or 644.207, respectively; or

             (2) The number or other designation identifying the applicant’s license from any other jurisdiction described in subsection 1;

      (b) Any other information required by the Board; and

      (c) An application fee of $100.

 


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      5.  The Board may issue a limited license pursuant to this section for not more than 1 year and may renew the limited license annually. A limited license expires 1 year after its date of issuance.

      [5.] 6.  A holder of a limited license may renew the limited license on or before the date of its expiration. To renew the limited license, the holder must:

      (a) Apply to the Board for renewal; and

      (b) Submit an annual renewal fee of $100.

      [6.] 7.  Not less than 5 days before practicing cosmetology in this State pursuant to a limited license, the holder of a limited license shall notify the Board electronically or in writing of the holder’s intention to practice cosmetology in this State [.] pursuant to the limited license. The notice must specify:

      (a) The name and limited license number of the holder;

      (b) The specific dates and times on which the holder will be practicing cosmetology in this State [;] pursuant to the limited license; and

      (c) The name and address of the location at which the holder will be practicing cosmetology in this State [.

      7.] pursuant to the limited license.

      8.  A holder of a limited license may submit to the Board the notice required by subsection 7 by using the Board’s online notification process, by mail or in person.

      9.  A holder of a limited license is subject to the regulatory and disciplinary authority of the Board to the same extent as any other licensed cosmetologist for all acts relating to the practice of cosmetology which occur in this State [.

      8.] pursuant to the limited license.

      10.  The Board:

      (a) Shall designate by regulation the types of [locations,] :

             (1) Locations, in addition to a resort hotel, at which a holder of a limited license may practice cosmetology in this State under a limited license [.] ; and

             (2) Services relating to the practice of cosmetology that a holder of a limited license may perform in this State under a limited license.

      (b) May adopt any other regulations as are necessary to carry out the provisions of this section.

      [9.] 11.  As used in this section, “resort hotel” has the meaning ascribed to it in NRS 463.01865.

      Sec. 45. NRS 644.320 is hereby amended to read as follows:

      644.320  1.  The license or certificate of registration, as applicable, of every cosmetologist, aesthetician, electrologist, hair designer, shampoo technologist, hair braider, nail technologist, demonstrator of cosmetics and instructor expires [:

      (a) If the last name of the licensee begins with the letter “A” through the letter “M,” on the date of birth of the licensee in the next succeeding odd-numbered year or such other date in that year as specified by the Board.

      (b) If the last name of the licensee begins with the letter “N” through the letter “Z,” on the date of birth of the licensee in the next succeeding even-numbered year or such other date in that year as specified by the Board.

      2.  The Board shall adopt regulations governing the proration of the fee required for initial licenses, other than initial licenses as a hair braider, issued for less than 1 1/2 years.

 


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      3.  Except as otherwise provided in this section, the fee for an initial license as a hair braider is $70.] on either:

      (a) The second anniversary of the birthday of the licensee or holder of the certificate of registration measured, in the case of an original license or certificate of registration, restored license or certificate of registration, renewal of a license or certificate of registration or renewal of an expired license or certificate of registration, from the birthday of the licensee or holder nearest the date of issuance, restoration or renewal; or

      (b) The fourth anniversary of the birthday of the licensee or holder of the certificate of registration measured, in the case of an original license or certificate of registration, restored license or certificate of registration, renewal of a license or certificate of registration or renewal of an expired license or certificate of registration from the birthday of the licensee or holder nearest the date of issuance, restoration or renewal.

      2.  The [fee] fees for issuance of an initial license or certificate of registration, as [a hair braider issued by the Board for:

      (a) At least a portion of 1 month but less than 6 months is $17.50.

      (b) Six months or more but less than 12 months is $35.00.

      (c) Twelve months or more but less than 18 months is $52.50.] applicable, are:

      (a) For nail technologists, electrologists, aestheticians, hair designers, shampoo technologists, demonstrators of cosmetics and cosmetologists:

             (1) For 2 years, not less than $50 and not more than $100.

             (2) For 4 years, not less than $100 and not more than $200.

      (b) For hair braiders:

             (1) For 2 years, $70.

            (2) For 4 years, $140.

      (c) For instructors:

             (1) For 2 years, not less than $60 and not more than $100.

             (2) For 4 years, not less than $120 and not more than $200.

      3.  The Board may, by regulation, defer the expiration of a license or certificate of registration, as applicable, of a person who is on active duty in the Armed Forces of the United States upon such terms and conditions as it may prescribe. The Board may similarly defer the expiration of the license or certificate of registration, as applicable, of the spouse or dependent child of that person if the spouse or child is residing with the person.

      4.  For the purposes of this section, any licensee or holder of a certificate of registration whose date of birth occurs on February 29 in a leap year shall be deemed to have a birthdate of February 28.

      Sec. 46. NRS 644.325 is hereby amended to read as follows:

      644.325  1.  An application for renewal of any license or certificate of registration issued pursuant to this chapter must be:

      (a) Made on a form prescribed and furnished by the Board;

      (b) Made on or before the date for renewal specified by the Board;

      (c) Accompanied by the applicable fee for renewal; and

      (d) Accompanied by all information required to complete the renewal.

      2.  The fees for renewal of a license or a certificate of registration, as applicable, are:

      (a) For nail technologists, electrologists, aestheticians, hair designers, shampoo technologists, demonstrators of cosmetics and cosmetologists [,] :

 


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             (1) For 2 years, not less than $50 and not more than $100.

             (2) For 4 years, not less than $100 and not more than $200.

      (b) For hair braiders [,] :

             (1) For 2 years, $70.

             (2) For 4 years, $140.

      (c) For instructors [,] :

             (1) For 2 years, not less than $60 and not more than $100.

             (2) For 4 years, not less than $120 and not more than $200.

      (d) For cosmetological establishments [,] :

             (1) For 2 years, not less than $100 and not more than $200.

             (2) For 4 years, not less than $200 and not more than $400.

      (e) For establishments for hair braiding [,] :

             (1) For 2 years, $70.

             (2) For 4 years, $140.

      (f) For schools of cosmetology [,] :

             (1) For 2 years, not less than $500 and not more than $800.

             (2) For 4 years, not less than $1,000 and not more than $1,600.

      3.  For each month or fraction thereof after the date for renewal specified by the Board in which a license or a certificate of registration as a shampoo technologist is not renewed, there must be assessed and collected at the time of renewal a penalty of $50 for a school of cosmetology and $20 for an establishment for hair braiding, a cosmetological establishment , [and] all persons licensed pursuant to this chapter [.] and persons registered as a shampoo technologist.

      4.  An application for the renewal of a license or a certificate of registration, as applicable, as a cosmetologist, hair designer, shampoo technologist, hair braider, aesthetician, electrologist, nail technologist, demonstrator of cosmetics or instructor must be [accompanied] :

      (a) Accompanied by two current photographs of the applicant which are [1 1/2 by 1 1/2] 2 by 2 inches [. The name and address] and have the name of the applicant [must be] written on the back of each photograph [.] ; or

      (b) If the application for the renewal of the license or certificate of registration, as applicable, is made online, accompanied by a current photograph of the applicant which is 2 by 2 inches and is electronically attached to the application for renewal.

      5.  Before a person applies for the renewal of a license [on or after January 1, 2011,] or certificate of registration, as applicable, as a cosmetologist, hair designer, shampoo technologist, hair braider, aesthetician, electrologist, nail technologist or demonstrator of cosmetics, the person must complete at least 4 hours of instruction relating to infection control and prevention in a professional course or seminar approved by the Board.

      Sec. 47. NRS 644.330 is hereby amended to read as follows:

      644.330  1.  A nail technologist, electrologist, aesthetician, hair designer, shampoo technologist, hair braider, cosmetologist, demonstrator of cosmetics or instructor whose license or certificate of registration, as applicable, has expired may have his or her license or certificate of registration renewed only upon payment of all applicable required fees and submission of all information required to complete the renewal.

      2.  Any nail technologist, electrologist, aesthetician, hair designer, shampoo technologist, hair braider, cosmetologist, demonstrator of cosmetics or instructor who retires from practice for more than 1 year may have his or her license or certificate of registration, as applicable, restored only upon payment of all required fees and submission of all information required to complete the restoration.

 


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have his or her license or certificate of registration, as applicable, restored only upon payment of all required fees and submission of all information required to complete the restoration.

      3.  No nail technologist, electrologist, aesthetician, hair designer, shampoo technologist, hair braider, cosmetologist, demonstrator of cosmetics or instructor who has retired from practice for more than 4 years may have his or her license or certificate of registration, as applicable, restored without examination and must comply with any additional requirements established in regulations adopted by the Board.

      Sec. 48. NRS 644.331 is hereby amended to read as follows:

      644.331  1.  Each natural person who engages in the practice of threading and each owner or operator of a kiosk or other stand-alone facility in which a natural person engages in the practice of threading shall, on or before January 1 of each year, register with the Board on a form prescribed by the Board. The registration must be accompanied by a fee of not more than $25 and must include:

      (a) The name, address , electronic mail address and telephone number of the person, owner or operator; and

      (b) Any other information relating to the practice of the person or the operation of the kiosk or other facility required by the Board. [The Board shall not charge a fee for registering a person, owner or operator pursuant to this subsection.]

      2.  The Board [may,] shall, during regular business hours, inspect [any] each facility in this State in which threading is conducted [.] not later than 90 days after the date on which the registration is activated.

      3.  The fee required by subsection 1 must be established by regulation of the Board.

      Sec. 49. NRS 644.340 is hereby amended to read as follows:

      644.340  1.  Any person wishing to operate a cosmetological establishment in which any one or a combination of the occupations of cosmetology are practiced must apply to the Board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the Board. Each application must contain a detailed floor plan of the proposed cosmetological establishment and proof of the particular requisites for a license provided for in this chapter, and must be verified by the oath of the maker.

      2.  The applicant must submit the application accompanied by the applicable required fees for inspection and licensing. After the applicant has submitted the application, the applicant must contact the Board and request a verbal review concerning the application to determine if the cosmetological establishment complies with the requirements of this chapter and the regulations adopted by the Board. If, based on the verbal review, the Board determines that the cosmetological establishment meets those requirements, the Board shall issue to the applicant the required license. Upon receipt of the license, the applicant must contact the Board to request the activation of the license. A license issued pursuant to this subsection is not valid until it is activated. The Board shall conduct an on-site inspection of the cosmetological establishment not later than 90 days after the date on which the license is activated.

      3.  The fee for issuance of a license for a cosmetological establishment is :

 


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      (a) For 2 years, $200.

      (b) For 4 years, $400.

      4.  The fee for the initial inspection is $15. If an additional inspection is necessary, the fee is $25.

      Sec. 50. NRS 644.345 is hereby amended to read as follows:

      644.345  1.  The Board must be notified of any change of ownership, name, services offered or location of a cosmetological establishment. The establishment may not be operated after the change until a new license is issued. The owner of the establishment must apply to the Board for the license and pay the applicable fees established [pursuant to subsection] by subsections 3 and 4 of NRS 644.340.

      2.  After a license has been issued for the operation of a cosmetological establishment, any changes in the physical structure of the establishment must be approved by the Board.

      Sec. 51. NRS 644.350 is hereby amended to read as follows:

      644.350  1.  The license of every cosmetological establishment [expires] :

      (a) Expires 2 years after the date of issuance or renewal of [the] a license [.] that was issued or renewed for a 2-year period.

      (b) Expires 4 years after the date of issuance or renewal of a license that was issued or renewed for a 4-year period.

      2.  If a cosmetological establishment fails to pay the applicable required fee for renewal of its license within 90 days after the date of expiration of the license, the establishment must be immediately closed.

      Sec. 52. NRS 644.360 is hereby amended to read as follows:

      644.360  1.  Every holder of a license issued by the Board to operate a cosmetological establishment shall display the license or a duplicate of the license in plain view of members of the general public in the principal office or place of business of the holder.

      2.  Except as otherwise provided in this section, the operator of a cosmetological establishment may lease space to or employ only licensed or registered, as applicable, nail technologists, electrologists, aestheticians, hair designers, shampoo technologists, hair braiders, demonstrators of cosmetics and cosmetologists at the establishment to provide [cosmetological] services [.] relating to the practice of cosmetology. This subsection does not prohibit an operator of a cosmetological establishment from:

      (a) Leasing space to or employing a barber. Such a barber remains under the jurisdiction of the State Barbers’ Health and Sanitation Board and remains subject to the laws and regulations of this State applicable to his or her business or profession.

      (b) Leasing space to any other professional, including, without limitation, a provider of health care pursuant to subsection 3. Each such professional remains under the jurisdiction of the regulatory body which governs his or her business or profession and remains subject to the laws and regulations of this State applicable to such business or profession.

      3.  The operator of a cosmetological establishment may lease space at the cosmetological establishment to a provider of health care for the purpose of providing health care within the scope of his or her practice. The provider of health care shall not use the leased space to provide such health care at the same time a cosmetologist uses that space to engage in the practice of cosmetology. A provider of health care who leases space at a cosmetological establishment pursuant to this subsection remains under the jurisdiction of the regulatory body which governs his or her business or profession and remains subject to the laws and regulations of this State applicable to such business or profession.

 


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the regulatory body which governs his or her business or profession and remains subject to the laws and regulations of this State applicable to such business or profession.

      4.  As used in this section:

      (a) “Provider of health care” means a person who is licensed, certified or otherwise authorized by the law of this State to administer health care in the ordinary course of business or practice of a profession.

      (b) “Space” includes, without limitation, a separate room in the cosmetological establishment.

      Sec. 53. NRS 644.365 is hereby amended to read as follows:

      644.365  Cosmetology and threading may be practiced in a cosmetological establishment by licensed or registered, as applicable, cosmetologists , aestheticians, electrologists, hair designers, shampoo technologists, hair braiders, demonstrators of cosmetics, nail technologists and natural persons who engage in the practice of threading, as appropriate, who are:

      1.  Employees of the owner of the enterprise; or

      2.  Lessees of space from the owner of the enterprise.

      Sec. 54. NRS 644.370 is hereby amended to read as follows:

      644.370  1.  A cosmetological establishment must, at all times, be under the immediate supervision of a [licensed nail technologist, electrologist, aesthetician, hair designer or cosmetologist.] person who is licensed in the branch of cosmetology or a combination of branches of cosmetology of any service relating to the practice of cosmetology provided at the cosmetological establishment at the time the service is provided.

      2.  If the operator of a cosmetological establishment leases space to a licensed or registered, as applicable, nail technologist, electrologist, aesthetician, hair designer, shampoo technologist, hair braider, demonstrator of cosmetics or cosmetologist pursuant to NRS 644.360, the lessee must provide supervision for that branch of cosmetology in the manner required by subsection 1.

      Sec. 55. NRS 644.377 is hereby amended to read as follows:

      644.377  1.  Any person wishing to operate an establishment for hair braiding must apply to the Board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the Board. Each application must contain a detailed floor plan of the proposed establishment for hair braiding and proof of any particular requisites for a license provided for in this chapter, and must be verified by the oath of the maker.

      2.  The applicant must submit the application accompanied by the required fees for inspection and licensing. After the applicant has submitted the application, the applicant must contact the Board and request a verbal review concerning the application to determine if the establishment for hair braiding complies with the requirements of this chapter and any regulations adopted by the Board. If, based on the verbal review, the Board determines that the establishment for hair braiding meets those requirements, the Board shall issue to the applicant the required license. Upon receipt of the license, the applicant must contact the Board to request the activation of the license. A license issued pursuant to this subsection is not valid until it is activated. The Board shall conduct an on-site inspection of the establishment for hair braiding not later than 90 days after the date on which the license is activated.

 


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      3.  The fee for issuance of a license for an establishment for hair braiding is :

      (a) For 2 years, $200.

      (b) For 4 years, $400.

      4.  The fee for the initial inspection is $15. If an additional inspection is necessary, the fee is $25.

      Sec. 56. NRS 644.3772 is hereby amended to read as follows:

      644.3772  1.  The Board must be notified of any change of ownership, name, services offered or location of an establishment for hair braiding. The establishment may not be operated after the change until a new license is issued. The owner of the establishment must apply to the Board for the license and pay the applicable fees established pursuant to [subsection] subsections 3 and 4 of NRS 644.377.

      2.  After a license has been issued for the operation of an establishment for hair braiding, any changes in the physical structure of the establishment must be approved by the Board.

      Sec. 57. NRS 644.3773 is hereby amended to read as follows:

      644.3773  1.  The license of an establishment for hair braiding [expires] :

      (a) Expires 2 years after the date of issuance or renewal of [the] a license [.] that was issued or renewed for a 2-year period.

      (b) Expires 4 years after the date of issuance or renewal of a license that was issued or renewed for a 4-year period.

      2.  If the owner of an establishment for hair braiding fails to pay the applicable required fee for renewal of its license within 90 days after the date of expiration of the license, the establishment must be immediately closed.

      Sec. 58. NRS 644.380 is hereby amended to read as follows:

      644.380  1.  Any person desiring to conduct a school of cosmetology in which any one or any combination of the occupations of cosmetology are taught must apply to the Board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the Board. Each application must contain proof of the particular requisites for a license provided for in this chapter, and must be verified by the oath of the maker. The forms must be accompanied by:

      (a) A detailed floor plan of the proposed school;

      (b) The name, address and number of the license of the manager or person in charge and of each instructor;

      (c) Evidence of financial ability to provide the facilities and equipment required by regulations of the Board and to maintain the operation of the proposed school for 1 year;

      (d) Proof that the proposed school will commence operation with an enrollment of [not less than 25 bona fide students;] a number of students acceptable to the Board;

      (e) The [annual] applicable fee for a license;

      (f) A copy of the contract for the enrollment of a student in a program at the school of cosmetology; and

      (g) The name and address of the person designated to accept service of process.

      2.  Upon receipt by the Board of the application, the Board shall, before issuing a license, determine whether the proposed school:

 


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      (a) Is suitably located.

      (b) Contains [at least 5,000 square feet of] adequate floor space and adequate equipment.

      (c) Has a contract for the enrollment of a student in a program at the school of cosmetology that is approved by the Board.

      (d) Admits as regular students only persons who have received a certificate of graduation from high school, or the recognized equivalent of such a certificate, or who are beyond the age of compulsory school attendance.

      (e) Meets all requirements established by regulations of the Board.

      3.  The [annual] fee for issuance of a license for a school of cosmetology is :

      (a) For 2 years, not less than $500 and not more than $800.

      (b) For 4 years, not less than $1,000 and not more than $1,600.

      4.  If the proposed school meets all requirements established by this chapter and the regulations adopted pursuant thereto, the Board shall issue a license to the proposed school. The license must contain:

      (a) The name of the proposed school;

      (b) A statement that the proposed school is authorized to operate educational programs beyond secondary education; and

      (c) Such other information as the Board considers necessary.

      5.  If the ownership of the school changes or the school moves to a new location, the school may not be operated until a new license is issued by the Board.

      6.  The Board shall, by regulation, prescribe:

      (a) The minimum enrollment of students required by paragraph (d) of subsection 1; and

      (b) The amount of floor space required by paragraph (b) of subsection 2.

      7.  After a license has been issued for the operation of a school of cosmetology, the licensee must obtain the approval of the Board before making any changes in the physical structure of the school.

      Sec. 59. NRS 644.400 is hereby amended to read as follows:

      644.400  1.  A school of cosmetology must at all times be under the immediate supervision of a licensed instructor who has had practical experience [of] in an established place of business for at least 1 year in the practice of a majority of the branches of cosmetology [in an established place of business.] taught at the school of cosmetology.

      2.  A school of cosmetology shall:

      (a) [Maintain a school term of not less than 1,800 hours extending over a period of not more than 36 months, and maintain a course] Except as otherwise provided in subsection 6, maintain courses of practical training and technical instruction equal to the requirements for examination for a license [as a cosmetologist.] or certificate of registration in each branch of cosmetology taught at the school of cosmetology.

      (b) Maintain apparatus and equipment sufficient to teach all the subjects of its curriculum.

      (c) Keep a daily record of the attendance of each student, a record devoted to the different practices, establish grades and hold examinations before issuing diplomas. These records must be submitted to the Board pursuant to its regulations.

 


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      (d) Include in its curriculum a course of deportment consisting of instruction in courtesy, neatness and professional attitude in meeting the public.

      (e) Arrange the courses devoted to each branch or practice of cosmetology as the Board may from time to time adopt as the course to be followed by the schools.

      (f) Not allow any student to perform services on the public for more than 7 hours in any day.

      (g) Conduct at least 5 hours of instruction in theory in each 40-hour week or 6 hours of instruction in theory in each 48-hour week, which must be attended by all registered students.

      (h) Require that all work by students be done on the basis of rotation.

      3.  Except as otherwise provided in subsection 4, the Board may, upon request, authorize a school of cosmetology to offer, in addition to courses which are included in any curriculum required for licensure [as a cosmetologist,] or registration in each branch of cosmetology taught at the school of cosmetology, any other course.

      4.  The Board shall, upon request, authorize a school of cosmetology to offer a course or program that is designed, intended or used to prepare or qualify another person for licensure in the field of massage therapy if:

      (a) The school of cosmetology has obtained all licenses, authorizations and approvals required by state and local law to offer such a course or program; and

      (b) With regard to that portion of the premises where the school of cosmetology offers courses included in the cosmetological curriculum, the school of cosmetology continues to comply with the provisions of this chapter and any regulations adopted pursuant thereto.

      5.  Notwithstanding any other provision of law, if a school of cosmetology offers a course or program that is designed, intended or used to prepare or qualify another person for licensure in the field of massage therapy:

      (a) The Board has exclusive jurisdiction over the authorization and regulation of the course or program offered by the school of cosmetology; and

      (b) The school of cosmetology is not required to obtain any other license, authorization or approval to offer the course or program.

      6.  A school of cosmetology is not required to maintain courses of practical training and technical instruction equal to the requirements for examination for a license or certificate of registration in any branch of cosmetology if the school of cosmetology provides its students with a disclaimer, in at least 14-point bold type, indicating that completion of the instruction provided at the school of cosmetology does not:

      (a) Qualify the student for a license or certificate of registration in any branch of cosmetology; or

      (b) Prepare the student for an examination in any branch of cosmetology.

      Sec. 60. NRS 644.430 is hereby amended to read as follows:

      644.430  1.  The following are grounds for disciplinary action by the Board:

      (a) Failure of an owner of an establishment for hair braiding, a cosmetological establishment, a licensed or registered, as applicable aesthetician, cosmetologist, hair designer, shampoo technologist, hair braider, electrologist, instructor, nail technologist, demonstrator of cosmetics or school of cosmetology [, or a cosmetologist’s apprentice] to comply with the requirements of this chapter or the applicable regulations adopted by the Board.

 


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braider, electrologist, instructor, nail technologist, demonstrator of cosmetics or school of cosmetology [, or a cosmetologist’s apprentice] to comply with the requirements of this chapter or the applicable regulations adopted by the Board.

      (b) Failure of a cosmetologist’s apprentice, electrologist’s apprentice, aesthetician’s apprentice, hair designer’s apprentice or nail technologist’s apprentice to comply with the requirements of this chapter or the applicable regulations adopted by the Board.

      (c) Obtaining practice in cosmetology or any branch thereof, for money or any thing of value, by fraudulent misrepresentation.

      [(c)] (d) Gross malpractice.

      [(d)] (e) Continued practice by a person knowingly having an infectious or contagious disease.

      [(e)] (f) Drunkenness or the use or possession, or both, of a controlled substance or dangerous drug without a prescription, while engaged in the practice of cosmetology.

      [(f) Advertisement by means of knowingly false or deceptive statements.]

      (g) Advertising in violation of any of the provisions of section 17 of this act.

      (h) Permitting a license to be used where the holder thereof is not personally, actively and continuously engaged in business.

      [(h)] (i) Failure to display the license or a duplicate of the license as provided in NRS 644.290, 644.360, 644.3774 and 644.410.

      [(i)] (j)Failure to display the certificate of registration or a duplicate of the certificate of registration as provided in NRS 644.2175.

      (k) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.

      [(j)] (l) Continued practice of cosmetology or operation of a cosmetological establishment or school of cosmetology after the license therefor has expired.

      [(k)] (m) Any other unfair or unjust practice, method or dealing which, in the judgment of the Board, may justify such action.

      2.  If the Board determines that a violation of this section has occurred, it may:

      (a) Refuse to issue or renew a license [;] or registration;

      (b) Revoke or suspend a license [;] or registration;

      (c) Place the licensee or holder of a certificate of registration on probation for a specified period;

      (d) Impose a fine not to exceed $2,000; or

      (e) Take any combination of the actions authorized by paragraphs (a) to (d), inclusive.

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

      Sec. 61. NRS 644.435 is hereby amended to read as follows:

      644.435  1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been issued a license or been registered pursuant to NRS 644.190 to 644.330, inclusive, and sections 12 to 16, inclusive, of this act, the Board shall deem the license or registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the holder of the license or registration stating that the holder of the license or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

 


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was issued unless the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the holder of the license or registration stating that the holder of the license or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license or registration issued pursuant to NRS 644.190 to 644.330, inclusive, and sections 12 to 16, inclusive, of this act that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or registration was suspended stating that the person whose license or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 62. NRS 644.460 is hereby amended to read as follows:

      644.460  1.  The following persons are exempt from the provisions of this chapter:

      (a) All persons authorized by the laws of this State to practice medicine, dentistry, osteopathic medicine, chiropractic or podiatry.

      (b) Commissioned medical officers of the United States Army, Navy, or Marine Hospital Service when engaged in the actual performance of their official duties, and attendants attached to those services.

      (c) Barbers, insofar as their usual and ordinary vocation and profession is concerned, when engaged in any of the following practices:

             (1) Cleansing or singeing the hair of any person.

             (2) Massaging, cleansing, stimulating, exercising or similar work upon the scalp, face or neck of any person, with the hands or with mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.

      (d) Retailers, at a retail establishment, insofar as their usual and ordinary vocation and profession is concerned, when engaged in the demonstration of cosmetics if:

             (1) The demonstration is without charge to the person to whom the demonstration is given; and

             (2) The retailer does not advertise or provide a [cosmetological] service relating to the practice of cosmetology except cosmetics and fragrances.

      (e) Photographers or their employees, insofar as their usual and ordinary vocation and profession is concerned, if the photographer or his or her employee does not advertise cosmetological services and provides cosmetics without charge to the customer.

      2.  Any school of cosmetology conducted as part of the vocational rehabilitation training program of the Department of Corrections or the Caliente Youth Center:

      (a) Is exempt from the requirements of paragraph (c) of subsection 2 of NRS 644.400.

      (b) Notwithstanding the provisions of NRS 644.395, shall maintain a staff of at least one licensed instructor.

      Sec. 63. NRS 644.472 is hereby amended to read as follows:

      644.472  1.  Except as otherwise provided in subsection 2, it is unlawful for any animal to be on the premises of a licensed establishment for hair braiding or cosmetological establishment.

      2.  The provisions of subsection 1 do not apply to:

 


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      (a) An aquarium [may be] maintained on the premises of a licensed establishment for hair braiding or cosmetological establishment [.] ; or

      (b) A service animal or service animal in training.

      3.  As used in this section:

      (a) “Service animal” includes only a dog that has been trained and meets the qualifications set forth in 28 C.F.R. § 36.104, and a miniature horse that has been trained and meets the qualifications set forth in 28 C.F.R. § 36.302.

      (b) “Service animal in training” includes only a dog or miniature horse that is being trained for the purposes of 28 C.F.R. § 36.104 or 36.302, as applicable.

      Sec. 64. NRS 651.075 is hereby amended to read as follows:

      651.075  1.  [It] Except as otherwise provided in NRS 644.472, it is unlawful for a place of public accommodation to:

      (a) Refuse admittance or service to a person with a disability because the person is accompanied by a service animal.

      (b) Refuse admittance or service to a person training a service animal.

      (c) Refuse to permit an employee of the place of public accommodation who is training a service animal to bring the service animal into:

             (1) The place of public accommodation; or

             (2) Any area within the place of public accommodation to which employees of the place of public accommodation have access, regardless of whether the area is open to the public.

      (d) Refuse admittance or service to a person because the person is accompanied by a police dog.

      (e) Charge an additional fee or deposit for a service animal, service animal in training or a police dog as a condition of access to the place of public accommodation.

      (f) Require proof that an animal is a service animal or service animal in training.

      2.  A place of public accommodation may:

      (a) Ask a person accompanied by an animal:

             (1) If the animal is a service animal or service animal in training; and

             (2) What tasks the animal is trained to perform or is being trained to perform.

      (b) Ask a person to remove a service animal or service animal in training if the animal:

             (1) Is out of control and the person accompanying the animal fails to take effective action to control it; or

             (2) Poses a direct threat to the health or safety of others.

      3.  A service animal may not be presumed dangerous by reason of the fact it is not muzzled.

      4.  This section does not relieve:

      (a) A person with a disability who is accompanied by a service animal or a person who trains a service animal from liability for damage caused by the service animal.

      (b) A person who is accompanied by a police dog from liability for damage caused by the police dog.

      5.  Persons with disabilities who are accompanied by service animals are subject to the same conditions and limitations that apply to persons who are not so disabled and accompanied.

 


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      6.  Persons who are accompanied by police dogs are subject to the same conditions and limitations that apply to persons who are not so accompanied.

      7.  A person who violates paragraph (e) of subsection 1 is civilly liable to the person against whom the violation was committed for:

      (a) Actual damages;

      (b) Such punitive damages as may be determined by a jury, or by a court sitting without a jury, which must not be more than three times the amount of actual damages, except that in no case may the punitive damages be less than $750; and

      (c) Reasonable attorney’s fees as determined by the court.

      8.  The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of this State or the United States.

      9.  As used in this section:

      (a) “Police dog” means a dog which is owned by a state or local governmental agency and which is used by a peace officer in performing his or her duties as a peace officer.

      (b) “Service animal” has the meaning ascribed to it in NRS 426.097.

      (c) “Service animal in training” has the meaning ascribed to it in NRS 426.099.

      Sec. 65.  This act becomes effective:

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

      2.  On October 1, 2015, for all other purposes.

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ê2015 Statutes of Nevada, Page 617ê

 

CHAPTER 152, AB 267

Assembly Bill No. 267–Assemblymen Hambrick, Hickey, Paul Anderson, Thompson; Elliot Anderson, Araujo, Diaz, Ohrenschall, O’Neill, Seaman and Titus

 

Joint Sponsors: Senators Hammond, Parks, Ford; Manendo and Settelmeyer

 

CHAPTER 152

 

[Approved: May 25, 2015]

 

AN ACT relating to criminal procedure; requiring a court to consider the differences between juvenile and adult offenders when determining an appropriate sentence for a person convicted as an adult for an offense committed when the person was less than 18 years of age; eliminating the imposition of a sentence of life without the possibility of parole upon a person convicted of a crime committed when the person was less than 18 years of age; providing that a prisoner who was sentenced as an adult for certain offenses that were committed when he or she was less than 18 years of age is eligible for parole after the prisoner has served a certain number of years; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits a sentence of death from being imposed or inflicted upon any person convicted of certain crimes who was less than 18 years of age at the time the crime was committed. The maximum punishment that may be imposed upon such a person is life imprisonment without the possibility of parole. Existing law also prohibits a sentence of life imprisonment without the possibility of parole from being imposed or inflicted upon any person convicted of a non-homicide crime who was less than 18 years of age at the time the crime was committed. The maximum punishment that may be imposed upon such a person is life imprisonment with the possibility of parole. (NRS 176.025)

      Section 2 of this bill eliminates the imposition of a sentence of life without the possibility of parole upon a person convicted of certain crimes who was less than 18 years of age at the time the crime was committed, thereby making life imprisonment with the possibility of parole the maximum punishment that may be imposed upon a person convicted of any crime who was less than 18 years of age at the time the crime was committed.

      Section 1 of this bill requires a court to consider the differences between juvenile and adult offenders in determining an appropriate sentence to be imposed upon a person who is convicted as an adult for an offense that was committed when he or she was less than 18 years of age.

      Section 3 of this bill establishes certain minimum periods of incarceration which must be served by a prisoner who was sentenced as an adult for certain offenses that were committed when he or she was less than 18 years of age before the prisoner is eligible for parole.

 


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ê2015 Statutes of Nevada, Page 618 (Chapter 152, AB 267)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:

      If a person is convicted as an adult for an offense that the person committed when he or she was less than 18 years of age, in addition to any other factor that the court is required to consider before imposing a sentence upon such a person, the court shall consider the differences between juvenile and adult offenders, including, without limitation, the diminished culpability of juveniles as compared to that of adults and the typical characteristics of youth.

      Sec. 2. NRS 176.025 is hereby amended to read as follows:

      176.025  [1.]  A sentence of death or life imprisonment without the possibility of parole must not be imposed or inflicted upon any person convicted of a crime now punishable by death or life imprisonment without the possibility of parole who at the time of the commission of the crime was less than 18 years of age. As to such a person, the maximum punishment that may be imposed is life imprisonment [without] with the possibility of parole.

      [2.  A sentence of life imprisonment without the possibility of parole must not be imposed or inflicted upon any person convicted of a non-homicide crime now punishable by life imprisonment without the possibility of parole who at the time of the commission of the crime was less than 18 years of age. As to such a person, the maximum punishment that may be imposed is life imprisonment with the possibility of parole.]

      Sec. 3. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Notwithstanding any other provision of law, except as otherwise provided in subsection 2 or unless a prisoner is subject to earlier eligibility for parole pursuant to any other provision of law, a prisoner who was sentenced as an adult for an offense that was committed when he or she was less than 18 years of age is eligible for parole as follows:

      (a) For a prisoner who is serving a period of incarceration for having been convicted of an offense or offenses that did not result in the death of a victim, after the prisoner has served 15 calendar years of incarceration, including any time served in a county jail.

      (b) For a prisoner who is serving a period of incarceration for having been convicted of an offense or offenses that resulted in the death of only one victim, after the prisoner has served 20 calendar years of incarceration, including any time served in a county jail.

      2.  The provisions of this section do not apply to a prisoner who is serving a period of incarceration for having been convicted of an offense or offenses that resulted in the death of two or more victims.

      Sec. 4. NRS 213.107 is hereby amended to read as follows:

      213.107  As used in NRS 213.107 to 213.157, inclusive, and section 3 of this act, unless the context otherwise requires:

 

 

 

 


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ê2015 Statutes of Nevada, Page 619 (Chapter 152, AB 267)ê

 

      1.  “Board” means the State Board of Parole Commissioners.

      2.  “Chief” means the Chief Parole and Probation Officer.

      3.  “Division” means the Division of Parole and Probation of the Department of Public Safety.

      4.  “Residential confinement” means the confinement of a person convicted of a crime to his or her place of residence under the terms and conditions established by the Board.

      5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

      6.  “Sexual offense” means:

      (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, 201.230 or 201.450, or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;

      (b) An attempt to commit any offense listed in paragraph (a); or

      (c) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

      7.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the Board or the Chief.

      Sec. 5.  1.  The amendatory provisions of sections 1 and 2 of this act apply to:

      (a) An offense committed on or after October 1, 2015; and

      (b) An offense committed before October 1, 2015, if the person is convicted on or after October 1, 2015.

      2.  The amendatory provisions of section 3 of this act apply to an offense committed before, on or after October 1, 2015.

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CHAPTER 153, AB 292

Assembly Bill No. 292–Assemblyman Oscarson

 

Joint Sponsors: Senators Hardy and Goicoechea

 

CHAPTER 153

 

[Approved: May 25, 2015]

 

AN ACT relating to public health; requiring a provider of health care who provides certain services to patients located in this State through telehealth to have a valid license or certificate in this State; making persons who provide such services through telehealth to patients subject to the laws and jurisdiction of this State; requiring certain insurers to provide coverage to insureds for services provided through telehealth to the same extent as though provided in person; authorizing a hospital to provide staff privileges to certain providers of health care to provide services through telehealth; requiring the Commissioner of Insurance to consider health care services that may be provided by providers through telehealth when evaluating certain network plans; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Existing law authorizes certain providers of health care to provide certain health care services electronically, telephonically or by fiber optics. (NRS 630.020, 630.261, 630.275, 632.237, 633.165, 639.0727, 639.235) Section 3 of this bill defines “telehealth” as the delivery of health care services from a provider of health care to a patient at a different location through the use of information and audio-visual communication technology, not including standard telephone, facsimile or electronic mail. Section 3 also prohibits a provider of health care, except for an employee or contractor of certain nonprofit organizations that administer health programs for American Indians, from using telehealth to direct or manage care, render a diagnosis or write a treatment order or prescription for a patient located in this State without a valid license or certificate to practice his or her profession in this State. Finally, section 3 provides that any person who provides such services through telehealth to a patient located in this State: (1) is subject to the laws, including regulations, and jurisdiction of this State; and (2) is required to comply with all federal and state laws that would apply if the person were providing services from a location in this State. Sections 6-18 of this bill clarify that certain provisions regulating the provision of health care services electronically, telephonically or by fiber optics apply to health care services provided through telehealth. Section 44 of this bill repeals certain requirements of existing law concerning the use of telemedicine by an osteopathic physician because it is addressed by sections 3, 10 and 11.

      Sections 27-32, 36-39 and 41-43 of this bill require any policy of health insurance, a policy of industrial insurance that provides benefits for injuries and the State Plan for Medicaid to include coverage for health care services provided to a covered person through telehealth to the same extent as though provided in person.

      Existing federal regulations allow the governing body of a hospital at which patients receive services through telemedicine to have its medical staff rely upon the credentialing and privileging decisions made by the staff of a facility from which services are provided when deciding whether to extend staff privileges to a provider of health care who provides services through telemedicine from that facility. (42 C.F.R. §§ 482.12, 482.22, 485.616) Section 22 of this bill authorizes a hospital to grant staff privileges to a provider of health care who is at another location so that the provider may provide services through telehealth to patients at the hospital as prescribed in federal regulations.

      Existing law requires the Commissioner of Insurance to make certain determinations concerning the adequacy of a network plan that an insurer proposes to offer and approve the network plan before the network plan is issued. Existing law also requires the Commissioner to make an annual determination concerning the availability and accessibility of the health care services of any existing network plan. (NRS 687B.490) Section 28 of this bill requires the Commissioner to consider health care services that may be provided by providers through telehealth pursuant to the network plan when making such a determination.

 

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

 

      Whereas, Shortages of primary providers of health care and providers of health care who specialize in certain areas and the distances some people must travel to reach a provider of health care affects the ability of many people to obtain the health care services they need; and

      Whereas, Parts of this State have experienced difficulty attracting and retaining providers of health care and supporting health care facilities that provide the necessary variety of health care services to persons; and

      Whereas, Providers of health care located in underserved areas may not have access to mentors and colleagues to support them personally and professionally or information resources that may assist them in their practices; and

 


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      Whereas, Telehealth is a mode of delivering health care and public health services using information and audio-visual communication technology to enable diagnosis, consultation, treatment, care management and provision of information to patients from providers of health care at other locations; and

      Whereas, Telehealth may help to address the problem of an inadequate distribution of providers of health care and develop health care systems in underserved areas of the State; and

      Whereas, Telehealth can reduce the costs of providing health care and increase the quality of and access to health care in underserved areas of the State; and

      Whereas, Telehealth provides economic benefits to underserved areas by reducing the need for persons to leave those areas to obtain health care services and preserving and creating jobs relating to the provision of health care in those areas; and

      Whereas, Patients receive many benefits from telehealth, including increased access to providers of health care, the ability to receive health care services in a faster and more convenient manner, increased continuity of care, reduction of lost work time and travel costs and the ability to remain near family and friends while receiving health care services; and

      Whereas, Without the assurance that providers of health care will be reimbursed by insurers for services provided through telehealth and the resolution of other legal barriers to the provision of services through telehealth, the full benefits of telehealth cannot be realized; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 629 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. The Legislature hereby finds and declares that:

      1.  Health care services provided through telehealth are often as effective as health care services provided in person;

      2.  The provision of services through telehealth does not detract from, and often improves, the quality of health care provided to patients and the relationship between patients and providers of health care; and

      3.  It is the public policy of this State to:

      (a) Encourage and facilitate the provision of services through telehealth to improve public health and the quality of health care provided to patients and to lower the cost of health care in this State; and

      (b) Ensure that services provided through telehealth are covered by policies of insurance to the same extent as though provided in person or by other means.

      Sec. 3. 1.  Except as otherwise provided in this subsection, before a provider of health care who is located at a distant site may use telehealth to direct or manage the care or render a diagnosis of a patient who is located at an originating site in this State or write a treatment order or prescription for such a patient, the provider must hold a valid license or certificate to practice his or her profession in this State, including, without limitation, a special purpose license issued pursuant to NRS 630.261. The requirements of this subsection do not apply to a provider of health care who is providing services within the scope of his or her employment by or pursuant to a contract entered into with an urban Indian organization, as defined in 25 U.S.C. § 1603.

 


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services within the scope of his or her employment by or pursuant to a contract entered into with an urban Indian organization, as defined in 25 U.S.C. § 1603.

      2.  The provisions of this section must not be interpreted or construed to:

      (a) Modify, expand or alter the scope of practice of a provider of health care; or

      (b) Authorize a provider of health care to provide services in a setting that is not authorized by law or in a manner that violates the standard of care required of the provider of health care.

      3.  A provider of health care who is located at a distant site and uses telehealth to direct or manage the care or render a diagnosis of a patient who is located at an originating site in this State or write a treatment order or prescription for such a patient:

      (a) Is subject to the laws and jurisdiction of the State of Nevada, including, without limitation, any regulations adopted by an occupational licensing board in this State, regardless of the location from which the provider of health care provides services through telehealth.

      (b) Shall comply with all federal and state laws that would apply if the provider were located at a distant site in this State.

      4.  As used in this section:

      (a) “Distant site” means the location of the site where a telehealth provider of health care is providing telehealth services to a patient located at an originating site.

      (b) “Originating site” means the location of the site where a patient is receiving telehealth services from a provider of health care located at a distant site.

      (c) “Telehealth” means the delivery of services from a provider of health care to a patient at a different location through the use of information and audio-visual communication technology, not including standard telephone, facsimile or electronic mail.

      Sec. 4. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Telehealth” has the meaning ascribed to it in section 3 of this act.

      Sec. 5. NRS 630.005 is hereby amended to read as follows:

      630.005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 630.007 to 630.026, inclusive, and section 4 of this act have the meanings ascribed to them in those sections.

      Sec. 6. NRS 630.020 is hereby amended to read as follows:

      630.020  “Practice of medicine” means:

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

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

      3.  To perform any of the acts described in subsections 1 and 2 by using equipment that transfers information concerning the medical condition of the patient electronically, telephonically or by fiber optics , including, without limitation, through telehealth, from within or outside this State or the United States.

 


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

      Sec. 7. NRS 630.261 is hereby amended to read as follows:

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

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

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

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

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

      (e) A special purpose license to a physician who is licensed in another state to perform any of the acts described in subsections 1 and 2 of NRS 630.020 by using equipment that transfers information concerning the medical condition of a patient in this State electronically, telephonically or by fiber optics , including, without limitation, through telehealth, from within or outside this State or the United States. A physician who holds a special purpose license issued pursuant to this paragraph:

             (1) Except as otherwise provided by specific statute or regulation, shall comply with the provisions of this chapter and the regulations of the Board; and

             (2) To the extent not inconsistent with the Nevada Constitution or the United States Constitution, is subject to the jurisdiction of the courts of this State.

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

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

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

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

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

      Sec. 8. NRS 630.275 is hereby amended to read as follows:

      630.275  The Board shall adopt regulations regarding the licensure of a physician assistant, including, but not limited to:

 


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      1.  The educational and other qualifications of applicants.

      2.  The required academic program for applicants.

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

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

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

      6.  The duration, renewal and termination of licenses.

      7.  The grounds and procedures respecting disciplinary actions against physician assistants.

      8.  The supervision of medical services of a physician assistant by a supervising physician, including, without limitation, supervision that is performed electronically, telephonically or by fiber optics from within or outside this State or the United States.

      9.  A physician assistant’s use of equipment that transfers information concerning the medical condition of a patient in this State electronically, telephonically or by fiber optics , including, without limitation, through telehealth, from within or outside this State or the United States.

      Sec. 9. NRS 632.237 is hereby amended to read as follows:

      632.237  1.  The Board may issue a license to practice as an advanced practice registered nurse to a registered nurse who:

      (a) Has completed an educational program designed to prepare a registered nurse to:

             (1) Perform designated acts of medical diagnosis;

             (2) Prescribe therapeutic or corrective measures; and

             (3) Prescribe controlled substances, poisons, dangerous drugs and devices;

      (b) Except as otherwise provided in subsection 5, submits proof that he or she is certified as an advanced practice registered nurse by the American Board of Nursing Specialties, the National Commission for Certifying Agencies of the Institute for Credentialing Excellence, or their successor organizations, or any other nationally recognized certification agency approved by the Board; and

      (c) Meets any other requirements established by the Board for such licensure.

      2.  An advanced practice registered nurse may:

      (a) Engage in selected medical diagnosis and treatment; and

      (b) If authorized pursuant to NRS 639.2351 and subject to the limitations set forth in subsection 3, prescribe controlled substances, poisons, dangerous drugs and devices.

Ê An advanced practice registered nurse shall not engage in any diagnosis, treatment or other conduct which the advanced practice registered nurse is not qualified to perform.

      3.  An advanced practice registered nurse who is authorized to prescribe controlled substances, poisons, dangerous drugs and devices pursuant to NRS 639.2351 shall not prescribe a controlled substance listed in schedule II unless:

      (a) The advanced practice registered nurse has at least 2 years or 2,000 hours of clinical experience; or

 


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      (b) The controlled substance is prescribed pursuant to a protocol approved by a collaborating physician.

      4.  An advanced practice registered nurse may perform the acts described in subsection 2 by using equipment that transfers information concerning the medical condition of a patient in this State electronically, telephonically or by fiber optics , including, without limitation, through telehealth, as defined in section 3 of this act, from within or outside this State or the United States.

      5.  The Board shall adopt regulations:

      (a) Specifying any additional training, education and experience necessary for licensure as an advanced practice registered nurse.

      (b) Delineating the authorized scope of practice of an advanced practice registered nurse.

      (c) Establishing the procedure for application for licensure as an advanced practice registered nurse.

      6.  The provisions of paragraph (b) of subsection 1 do not apply to an advanced practice registered nurse who obtains a license before July 1, 2014.

      Sec. 10. 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;

      (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.

 


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      10.  Failure to comply with the provisions of subsection 2 of NRS 633.322.

      11.  Signing a blank prescription form.

      12.  Knowingly 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 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.

      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.] section 3 of this act.

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

      Sec. 11. NRS 633.711 is hereby amended to read as follows:

      633.711  1.  The Board, through an officer of the Board or the Attorney General, may maintain in any court of competent jurisdiction a suit for an injunction against any person:

      (a) Practicing osteopathic medicine or practicing as a physician assistant without a valid license to practice osteopathic medicine or to practice as a physician assistant; or

      (b) [Engaging in telemedicine] Providing services through telehealth, as defined in section 3 of this act, without a valid license . [pursuant to NRS 633.165.]

      2.  An injunction issued pursuant to subsection 1:

      (a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

 


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      (b) Must not relieve such person from criminal prosecution for practicing without such a license.

      Sec. 12. Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Telehealth” has the meaning ascribed to it in section 3 of this act.

      Sec. 13. NRS 639.001 is hereby amended to read as follows:

      639.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 639.0015 to 639.016, inclusive, and section 12 of this act have the meanings ascribed to them in those sections.

      Sec. 14. NRS 639.0151 is hereby amended to read as follows:

      639.0151  “Remote site” means:

      1.  A pharmacy staffed by a pharmaceutical technician and equipped to facilitate communicative access to a pharmacy and its registered pharmacists; or

      2.  An office of a dispensing practitioner that is staffed by a dispensing technician and equipped to facilitate communicative access to the dispensing practitioner,

Ê electronically, telephonically or by fiber optics , including, without limitation, through telehealth, during regular business hours from within or outside this State or the United States.

      Sec. 15. NRS 639.0153 is hereby amended to read as follows:

      639.0153  “Satellite consultation site” means a site that only dispenses filled prescriptions which are delivered to that site after the prescriptions are prepared:

      1.  At a pharmacy where a registered pharmacist provides consultation to patients; or

      2.  At an office of a dispensing practitioner where the dispensing practitioner provides consultation to patients,

Ê electronically, telephonically or by fiber optics , including, without limitation, through telehealth, during regular business hours from within or outside this State or the United States.

      Sec. 16. NRS 639.0154 is hereby amended to read as follows:

      639.0154  “Telepharmacy” means:

      1.  A pharmacy; or

      2.  An office of a dispensing practitioner,

Ê that is accessible by a remote site or a satellite consultation site electronically, telephonically or by fiber optics , including, without limitation, through telehealth, from within or outside this State or the United States.

      Sec. 17. NRS 639.0727 is hereby amended to read as follows:

      639.0727  The Board shall adopt regulations:

      1.  As are necessary for the safe and efficient operation of remote sites, satellite consultation sites and telepharmacies;

      2.  To define the terms “dispensing practitioner” and “dispensing technician,” to provide for the registration and discipline of dispensing practitioners and dispensing technicians, and to set forth the qualifications, powers and duties of dispensing practitioners and dispensing technicians;

      3.  To authorize registered pharmacists to engage in the practice of pharmacy electronically, telephonically or by fiber optics , including, without limitation, through telehealth, from within or outside this State; and

 


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      4.  To authorize prescriptions to be filled and dispensed to patients as prescribed by practitioners electronically, telephonically or by fiber optics , including, without limitation, through telehealth, from within or outside this State or the United States.

      Sec. 18. NRS 639.235 is hereby amended to read as follows:

      639.235  1.  No person other than a practitioner holding a license to practice his or her profession in this State may prescribe or write a prescription, except that a prescription written by a person who is not licensed to practice in this State, but is authorized by the laws of another state to prescribe, shall be deemed to be a legal prescription unless the person prescribed or wrote the prescription in violation of the provisions of NRS 453.3611 to 453.3648, inclusive.

      2.  If a prescription that is prescribed by a person who is not licensed to practice in this State, but is authorized by the laws of another state to prescribe, calls for a controlled substance listed in:

      (a) Schedule II, the registered pharmacist who is to fill the prescription shall establish and document that the prescription is authentic and that a bona fide relationship between the patient and the person prescribing the controlled substance did exist when the prescription was written.

      (b) Schedule III or IV, the registered pharmacist who is to fill the prescription shall establish that the prescription is authentic and that a bona fide relationship between the patient and the person prescribing the controlled substance did exist when the prescription was written. This paragraph does not require the registered pharmacist to inquire into such a relationship upon the receipt of a similar prescription subsequently issued for that patient.

      3.  A pharmacist who fills a prescription described in subsection 2 shall record on the prescription or in the prescription record in the pharmacy’s computer:

      (a) The name of the person with whom the pharmacist spoke concerning the prescription;

      (b) The date and time of the conversation; and

      (c) The date and time the patient was examined by the person prescribing the controlled substance for which the prescription was issued.

      4.  For the purposes of subsection 2, a bona fide relationship between the patient and the person prescribing the controlled substance shall be deemed to exist if the patient was examined in person, electronically, telephonically or by fiber optics , including, without limitation, through telehealth, within or outside this State or the United States by the person prescribing the controlled substances within the 6 months immediately preceding the date the prescription was issued.

      Sec. 19. NRS 287.010 is hereby amended to read as follows:

      287.010  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada may:

      (a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.

 


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      (b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.

      (c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 687B.408, 689B.030 to 689B.050, inclusive, and 689B.287 and section 31 of this act apply to coverage provided pursuant to this paragraph.

      (d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada.

      2.  If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.

      3.  In any county in which a legal services organization exists, the governing body of the county, or of any school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.

      4.  If a contract is entered into pursuant to subsection 3, the officers and employees of the legal services organization:

      (a) Shall be deemed, solely for the purposes of this section, to be officers and employees of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency with which the legal services organization has contracted; and

 


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      (b) Must be required by the contract to pay the premiums or contributions for all insurance which they elect to accept or of which they authorize the purchase.

      5.  A contract that is entered into pursuant to subsection 3:

      (a) Must be submitted to the Commissioner of Insurance for approval not less than 30 days before the date on which the contract is to become effective.

      (b) Does not become effective unless approved by the Commissioner.

      (c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.

      6.  As used in this section, “legal services organization” means an organization that operates a program for legal aid and receives money pursuant to NRS 19.031.

      Sec. 20. NRS 287.04335 is hereby amended to read as follows:

      287.04335  If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 689B.255, 695G.150, 695G.160, 695G.164, 695G.1645, 695G.167, 695G.170, 695G.171, 695G.173, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, and 695G.405, and section 43 of this act in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.

      Sec. 21. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director shall include in the State Plan for Medicaid:

      (a) A requirement that the State, and, to the extent applicable, any of its political subdivisions, shall pay for the nonfederal share of expenses for services provided to a person through telehealth to the same extent as though provided in person or by other means; and

      (b) A provision prohibiting the State from:

             (1) Requiring a person to obtain prior authorization that would not be required if a service were provided in person or through other means, establish a relationship with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to paying for services as described in paragraph (a). The State Plan for Medicaid may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or through other means.

             (2) Requiring a provider of health care to demonstrate that it is necessary to provide services to a person through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to paying for services as described in paragraph (a).

             (3) Refusing to pay for services as described in paragraph (a) because of the distant site from which a provider of health care provides services through telehealth or the originating site at which a person who is covered by the State Plan for Medicaid receives services through telehealth.

             (4) Requiring services to be provided through telehealth as a condition to paying for such services.

      2.  The provisions of this section do not:

 


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      (a) Require the Director to include in the State Plan for Medicaid coverage of any service that the Director is not otherwise required by law to include; or

      (b) Require the State or any political subdivision thereof to:

             (1) Ensure that covered services are available to a recipient of Medicaid through telehealth at a particular originating site; or

             (2) Provide coverage for a service that is not included in the State Plan for Medicaid or provided by a provider of health care that does not participate in Medicaid.

      3.  As used in this section:

      (a) “Distant site” has the meaning ascribed to it in section 3 of this act.

      (b) “Originating site” has the meaning ascribed to it in section 3 of this act.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 439.820.

      (d) “Telehealth” has the meaning ascribed to it in section 3 of this act.

      Sec. 22. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

      A hospital may grant staff privileges to a provider of health care who is at another location for the purpose of providing services through telehealth, as defined in section 3 of this act, to patients at the hospital in the manner prescribed in 42 C.F.R. §§ 482.12, 482.22 and 485.616.

      Sec. 23. NRS 449.0302 is hereby amended to read as follows:

      449.0302  1.  The Board shall adopt:

      (a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.030 to 449.2428, inclusive, and section 22 of this act and for programs of hospice care.

      (b) Regulations governing the licensing of such facilities and programs.

      (c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.

      (d) Regulations establishing a procedure for the indemnification by the Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.

      (e) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.030 to 449.2428, inclusive [.] , and section 22 of this act.

      2.  The Board shall adopt separate regulations governing the licensing and operation of:

      (a) Facilities for the care of adults during the day; and

      (b) Residential facilities for groups,

Ê which provide care to persons with Alzheimer’s disease.

      3.  The Board shall adopt separate regulations for:

      (a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.

      (b) The licensure of facilities for refractive surgery which take into consideration the unique factors of operating such a facility.

 


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      (c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.

      4.  The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.

      5.  In addition to the training requirements prescribed pursuant to NRS 449.093, the Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.

      6.  The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:

      (a) The ultimate user’s physical and mental condition is stable and is following a predictable course.

      (b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.

      (c) A written plan of care by a physician or registered nurse has been established that:

             (1) Addresses possession and assistance in the administration of the medication; and

             (2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.

      (d) The prescribed medication is not administered by injection or intravenously.

      (e) The employee has successfully completed training and examination approved by the Division regarding the authorized manner of assistance.

      7.  The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides “assisted living services” unless:

      (a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the resident’s stay at the facility.

      (b) The residents of the facility reside in their own living units which:

             (1) Except as otherwise provided in subsection 8, contain toilet facilities;

             (2) Contain a sleeping area or bedroom; and

             (3) Are shared with another occupant only upon consent of both occupants.

      (c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:

 


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             (1) The facility is designed to create a residential environment that actively supports and promotes each resident’s quality of life and right to privacy;

             (2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the resident’s individual needs;

             (3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the resident’s personal choice of lifestyle;

             (4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each resident’s need for autonomy and the right to make decisions regarding his or her own life;

             (5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;

             (6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and

             (7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.

      8.  The Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Division finds that:

      (a) Strict application of that requirement would result in economic hardship to the facility requesting the exception; and

      (b) The exception, if granted, would not:

             (1) Cause substantial detriment to the health or welfare of any resident of the facility;

             (2) Result in more than two residents sharing a toilet facility; or

             (3) Otherwise impair substantially the purpose of that requirement.

      9.  The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:

      (a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;

      (b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;

      (c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and

      (d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.

      10.  The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:

 

 


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      (a) Facilities that only provide a housing and living environment;

      (b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and

      (c) Facilities that provide or arrange for the provision of alcohol and drug abuse programs, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.

Ê The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.

      11.  As used in this section, “living unit” means an individual private accommodation designated for a resident within the facility.

      Sec. 24. NRS 449.0306 is hereby amended to read as follows:

      449.0306  1.  Money received from licensing medical facilities and facilities for the dependent must be forwarded to the State Treasurer for deposit in the State General Fund.

      2.  The Division shall enforce the provisions of NRS 449.030 to 449.245, inclusive, and section 22 of this act and may incur any necessary expenses not in excess of money appropriated for that purpose by the State or received from the Federal Government.

      Sec. 25. NRS 449.160 is hereby amended to read as follows:

      449.160  1.  The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.030 to 449.2428, inclusive, and section 22 of this act upon any of the following grounds:

      (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.030 to 449.245, inclusive, and section 22 of this act, or of any other law of this State or of the standards, rules and regulations adopted thereunder.

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

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

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

      (e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and section 22 of this act, and 449.435 to 449.965, inclusive, if such approval is required.

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

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

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

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

 


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

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

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

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

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

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

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

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

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

      Sec. 26. NRS 449.220 is hereby amended to read as follows:

      449.220  1.  The Division may bring an action in the name of the State to enjoin any person, state or local government unit or agency thereof from operating or maintaining any facility within the meaning of NRS 449.030 to 449.2428, inclusive [:] , and section 22 of this act:

      (a) Without first obtaining a license therefor; or

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

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

      Sec. 27. Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Every policy of insurance issued pursuant to chapters 616A to 617, inclusive, of NRS must include coverage for services provided to an employee through telehealth to the same extent as though provided in person or by other means.

      2.  An insurer shall not:

      (a) Require an employee to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;

      (b) Require a provider of health care to demonstrate that it is necessary to provide services to an employee through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;

 

 


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      (c) Refuse to provide the coverage described in subsection 1 because of the distant site from which a provider of health care provides services through telehealth or the originating site at which an employee receives services through telehealth; or

      (d) Require covered services to be provided through telehealth as a condition to providing coverage for such services.

      3.  A policy of insurance issued pursuant to chapters 616A to 617, inclusive, of NRS must not require an employee to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person. Such a policy of insurance may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

      4.  The provisions of this section do not require an insurer to:

      (a) Ensure that covered services are available to an employee through telehealth at a particular originating site;

      (b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or

      (c) Enter into a contract with any provider of health care or cover any service if the insurer is not otherwise required by law to do so.

      5.  A policy of insurance subject to the provisions of chapters 616A to 617, inclusive, of NRS that is delivered, issued for delivery or renewed on or after July 1, 2015, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

      6.  As used in this section:

      (a) “Distant site” has the meaning ascribed to it in section 3 of this act.

      (b) “Originating site” has the meaning ascribed to it in section 3 of this act.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 439.820.

      (d) “Telehealth” has the meaning ascribed to it in section 3 of this act.

      Sec. 28. NRS 687B.490 is hereby amended to read as follows:

      687B.490  1.  A carrier that offers coverage in the group or individual market must, before making any network plan available for sale in this State, demonstrate the capacity to deliver services adequately by applying to the Commissioner for the issuance of a network plan and submitting a description of the procedures and programs to be implemented to meet the requirements described in subsection 2.

      2.  The Commissioner shall determine, within 90 days after receipt of the application required pursuant to subsection 1, if the carrier, with respect to the network plan:

      (a) Has demonstrated the willingness and ability to ensure that health care services will be provided in a manner to ensure both availability and accessibility of adequate personnel and facilities in a manner that enhances availability, accessibility and continuity of service;

      (b) Has organizational arrangements established in accordance with regulations promulgated by the Commissioner; and

      (c) Has a procedure established in accordance with regulations promulgated by the Commissioner to develop, compile, evaluate and report statistics relating to the cost of its operations, the pattern of utilization of its services, the availability and accessibility of its services and such other matters as may be reasonably required by the Commissioner.

 


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services, the availability and accessibility of its services and such other matters as may be reasonably required by the Commissioner.

      3.  The Commissioner may certify that the carrier and the network plan meet the requirements of subsection 2, or may determine that the carrier and the network plan do not meet such requirements. Upon a determination that the carrier and the network plan do not meet the requirements of subsection 2, the Commissioner shall specify in what respects the carrier and the network plan are deficient.

      4.  A carrier approved to issue a network plan pursuant to this section must file annually with the Commissioner a summary of information compiled pursuant to subsection 2 in a manner determined by the Commissioner.

      5.  The Commissioner shall, not less than once each year, or more often if deemed necessary by the Commissioner for the protection of the interests of the people of this State, make a determination concerning the availability and accessibility of the health care services of any network plan approved pursuant to this section.

      6.  The expense of any determination made by the Commissioner pursuant to this section must be assessed against the carrier and remitted to the Commissioner.

      7.  When making any determination concerning the availability and accessibility of the services of any network plan or proposed network plan pursuant to this section, the Commissioner shall consider services that may be provided through telehealth, as defined in section 3 of this act, pursuant to the network plan or proposed network plan to be available services.

      8.  As used in this section, “network plan” has the meaning ascribed to it in NRS 689B.570.

      Sec. 29. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A policy of health insurance must include coverage for services provided to an insured through telehealth to the same extent as though provided in person or by other means.

      2.  An insurer shall not:

      (a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;

      (b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;

      (c) Refuse to provide the coverage described in subsection 1 because of the distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth; or

      (d) Require covered services to be provided through telehealth as a condition to providing coverage for such services.

      3.  A policy of health insurance must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person. A policy of health insurance may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

 


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telehealth if such prior authorization would be required if the service were provided in person or by other means.

      4.  The provisions of this section do not require an insurer to:

      (a) Ensure that covered services are available to an insured through telehealth at a particular originating site;

      (b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or

      (c) Enter into a contract with any provider of health care or cover any service if the insurer is not otherwise required by law to do so.

      5.  A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2015, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

      6.  As used in this section:

      (a) “Distant site” has the meaning ascribed to it in section 3 of this act.

      (b) “Originating site” has the meaning ascribed to it in section 3 of this act.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 439.820.

      (d) “Telehealth” has the meaning ascribed to it in section 3 of this act.

      Sec. 30. NRS 689A.330 is hereby amended to read as follows:

      689A.330  If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 29 of this act.

      Sec. 31. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A policy of group or blanket health insurance must include coverage for services provided to an insured through telehealth to the same extent as though provided in person or by other means.

      2.  An insurer shall not:

      (a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;

      (b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;

      (c) Refuse to provide the coverage described in subsection 1 because of the distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth; or

      (d) Require covered services to be provided through telehealth as a condition to providing coverage for such services.

      3.  A policy of group or blanket health insurance must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for that service when provided in person.

 


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telehealth that is not required for that service when provided in person. A policy of group or blanket health insurance may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

      4.  The provisions of this section do not require an insurer to:

      (a) Ensure that covered services are available to an insured through telehealth at a particular originating site;

      (b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or

      (c) Enter into a contract with any provider of health care or cover any service if the insurer is not otherwise required by law to do so.

      5.  A policy of group or blanket health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2015, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

      6.  As used in this section:

      (a) “Distant site” has the meaning ascribed to it in section 3 of this act.

      (b) “Originating site” has the meaning ascribed to it in section 3 of this act.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 439.820.

      (d) “Telehealth” has the meaning ascribed to it in section 3 of this act.

      Sec. 32. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A health benefit plan must include coverage for services provided to an insured through telehealth to the same extent as though provided in person or by other means.

      2.  A carrier shall not:

      (a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;

      (b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;

      (c) Refuse to provide the coverage described in subsection 1 because of the distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth; or

      (d) Require covered services to be provided through telehealth as a condition to providing coverage for such services.

      3.  A health benefit plan must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person. A health benefit plan may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

      4.  The provisions of this section do not require a carrier to:

 


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      (a) Ensure that covered services are available to an insured through telehealth at a particular originating site;

      (b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or

      (c) Enter into a contract with any provider of health care or cover any service if the carrier is not otherwise required by law to do so.

      5.  A plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2015, has the legal effect of including the coverage required by this section, and any provision of the plan or the renewal which is in conflict with this section is void.

      6.  As used in this section:

      (a) “Distant site” has the meaning ascribed to it in section 3 of this act.

      (b) “Originating site” has the meaning ascribed to it in section 3 of this act.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 439.820.

      (d) “Telehealth” has the meaning ascribed to it in section 3 of this act.

      Sec. 33. NRS 689C.155 is hereby amended to read as follows:

      689C.155  The Commissioner may adopt regulations to carry out the provisions of NRS 689C.109 to 689C.143, inclusive, 689C.156 to 689C.159, inclusive, 689C.165, 689C.183, 689C.187, 689C.191 to 689C.198, inclusive, and section 32 of this act, 689C.203, 689C.207, 689C.265, 689C.325, 689C.355 and 689C.610 to 689C.940, inclusive, and to ensure that rating practices used by carriers serving small employers are consistent with those sections, including regulations that:

      1.  Ensure that differences in rates charged for health benefit plans by such carriers are reasonable and reflect only differences in the designs of the plans, the terms of the coverage, the amount contributed by the employers to the cost of coverage and differences based on the rating factors established by the carrier.

      2.  Prescribe the manner in which rating factors may be used by such carriers.

      Sec. 34. NRS 689C.156 is hereby amended to read as follows:

      689C.156  1.  As a condition of transacting business in this State with small employers, a carrier shall actively market to a small employer each health benefit plan which is actively marketed in this State by the carrier to any small employer in this State. A carrier shall be deemed to be actively marketing a health benefit plan when it makes available any of its plans to a small employer that is not currently receiving coverage under a health benefit plan issued by that carrier.

      2.  A carrier shall issue to a small employer any health benefit plan marketed in accordance with this section if the eligible small employer applies for the plan and agrees to make the required premium payments and satisfy the other reasonable provisions of the health benefit plan that are not inconsistent with NRS 689C.015 to 689C.355, inclusive, and section 32 of this act, and 689C.610 to 689C.940, inclusive, except that a carrier is not required to issue a health benefit plan to a self-employed person who is covered by, or is eligible for coverage under, a health benefit plan offered by another employer.

      3.  If a health benefit plan marketed pursuant to this section provides, delivers, arranges for, pays for or reimburses any cost of health care services through managed care, the carrier shall provide a system for resolving any complaints of an employee concerning those health care services that complies with the provisions of NRS 695G.200 to 695G.310, inclusive.

 


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complaints of an employee concerning those health care services that complies with the provisions of NRS 695G.200 to 695G.310, inclusive.

      Sec. 35. NRS 689C.425 is hereby amended to read as follows:

      689C.425  A voluntary purchasing group and any contract issued to such a group pursuant to NRS 689C.360 to 689C.600, inclusive, are subject to the provisions of NRS 689C.015 to 689C.355, inclusive, and section 32 of this act to the extent applicable and not in conflict with the express provisions of NRS 687B.408 and 689C.360 to 689C.600, inclusive.

      Sec. 36. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A benefit contract must include coverage for services provided to an insured through telehealth to the same extent as though provided in person or by other means.

      2.  A society shall not:

      (a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;

      (b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;

      (c) Refuse to provide the coverage described in subsection 1 because of the distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth; or

      (d) Require covered services to be provided through telehealth as a condition to providing coverage for such services.

      3.  A benefit contract must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person. A benefit contract may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

      4.  The provisions of this section do not require a society to:

      (a) Ensure that covered services are available to an insured through telehealth at a particular originating site;

      (b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or

      (c) Enter into a contract with any provider of health care or cover any service if the society is not otherwise required by law to do so.

      5.  A benefit contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2015, has the legal effect of including the coverage required by this section, and any provision of the contract or the renewal which is in conflict with this section is void.

      6.  As used in this section:

      (a) “Distant site” has the meaning ascribed to it in section 3 of this act.

      (b) “Originating site” has the meaning ascribed to it in section 3 of this act.

 


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      (c) “Provider of health care” has the meaning ascribed to it in NRS 439.820.

      (d) “Telehealth” has the meaning ascribed to it in section 3 of this act.

      Sec. 37. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A contract for hospital, medical or dental services subject to the provisions of this chapter must include services provided to an insured through telehealth to the same extent as though provided in person or by other means.

      2.  A medical services corporation that issues contracts for hospital, medical or dental services shall not:

      (a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;

      (b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;

      (c) Refuse to provide the coverage described in subsection 1 because of the distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth; or

      (d) Require covered services to be provided through telehealth as a condition to providing coverage for such services.

      3.  A contract for hospital, medical or dental services must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person. A contract for hospital, medical or dental services may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

      4.  The provisions of this section do not require a medical services corporation that issues contracts for hospital, medical or dental services to:

      (a) Ensure that covered services are available to an insured through telehealth at a particular originating site;

      (b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or

      (c) Enter into a contract with any provider of health care or cover any service if the medical services corporation is not otherwise required by law to do so.

      5.  A contract for hospital, medical or dental services subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2015, has the legal effect of including the coverage required by this section, and any provision of the contract or the renewal which is in conflict with this section is void.

      6.  As used in this section:

      (a) “Distant site” has the meaning ascribed to it in section 3 of this act.

      (b) “Originating site” has the meaning ascribed to it in section 3 of this act. 

 


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      (c) “Provider of health care” has the meaning ascribed to it in NRS 439.820.

      (d) “Telehealth” has the meaning ascribed to it in section 3 of this act.

      Sec. 38. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A health care plan of a health maintenance organization must include coverage for services provided to an enrollee through telehealth to the same extent as though provided in person or by other means.

      2.  A health maintenance organization shall not:

      (a) Require an enrollee to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;

      (b) Require a provider of health care to demonstrate that it is necessary to provide services to an enrollee through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;

      (c) Refuse to provide the coverage described in subsection 1 because of the distant site from which a provider of health care provides services through telehealth or the originating site at which an enrollee receives services through telehealth; or

      (d) Require covered services to be provided through telehealth as a condition to providing coverage for such services.

      3.  A health care plan of a health maintenance organization must not require an enrollee to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person. Such a health care plan may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

      4.  The provisions of this section do not require a health maintenance organization to:

      (a) Ensure that covered services are available to an enrollee through telehealth at a particular originating site;

      (b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or

      (c) Enter into a contract with any provider of health care or cover any service if the health maintenance organization is not otherwise required by law to do so.

      5.  Evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2015, has the legal effect of including the coverage required by this section, and any provision of the plan or the renewal which is in conflict with this section is void.

      6.  As used in this section:

      (a) “Distant site” has the meaning ascribed to it in section 3 of this act.

      (b) “Originating site” has the meaning ascribed to it in section 3 of this act. 

      (c) “Provider of health care” has the meaning ascribed to it in NRS 439.820.

      (d) “Telehealth” has the meaning ascribed to it in section 3 of this act.

 


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      Sec. 39. NRS 695C.050 is hereby amended to read as follows:

      695C.050  1.  Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

      2.  Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

      3.  Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

      4.  The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170 to 695C.173, inclusive, 695C.1733 to 695C.200, inclusive, and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

      5.  The provisions of NRS 695C.1694, 695C.1695 and 695C.1731 and section 38 of this act apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.

      Sec. 40. NRS 695C.330 is hereby amended to read as follows:

      695C.330  1.  The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if the Commissioner finds that any of the following conditions exist:

      (a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;

      (b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.1691 to 695C.200, inclusive, and section 38 of this act or 695C.207;

      (c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;

      (d) The Commissioner certifies that the health maintenance organization:

             (1) Does not meet the requirements of subsection 1 of NRS 695C.080; or

             (2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;

 


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      (e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

      (f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;

      (g) The health maintenance organization has failed to put into effect the system required by NRS 695C.260 for:

             (1) Resolving complaints in a manner reasonably to dispose of valid complaints; and

             (2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;

      (h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

      (i) The continued operation of the health maintenance organization would be hazardous to its enrollees;

      (j) The health maintenance organization fails to provide the coverage required by NRS 695C.1691; or

      (k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.

      2.  A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.

      3.  If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.

      4.  If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.

      Sec. 41. Chapter 695D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A plan for dental care must include coverage for services provided to a member through telehealth to the same extent as though provided in person or by other means.

      2.  An organization for dental care shall not:

      (a) Require a member to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;

      (b) Require a provider of health care to demonstrate that it is necessary to provide services to a member through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;

 


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      (c) Refuse to provide the coverage described in subsection 1 because of the distant site from which a provider of health care provides services through telehealth or the originating site at which a member receives services through telehealth; or

      (d) Require covered services to be provided through telehealth as a condition to providing coverage for such services.

      3.  A plan for dental care must not require a member to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person. A plan for dental care may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

      4.  The provisions of this section do not require an organization for dental care to:

      (a) Ensure that covered services are available to a member through telehealth at a particular originating site;

      (b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or

      (c) Enter into a contract with any provider of health care or cover any service if the organization for dental care is not otherwise required by law to do so.

      5.  A plan for dental care subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2015, has the legal effect of including the coverage required by this section, and any provision of the plan or the renewal which is in conflict with this section is void.

      6.  As used in this section:

      (a) “Distant site” has the meaning ascribed to it in section 3 of this act.

      (b) “Originating site” has the meaning ascribed to it in section 3 of this act. 

      (c) “Provider of health care” has the meaning ascribed to it in NRS 439.820.

      (d) “Telehealth” has the meaning ascribed to it in section 3 of this act.

      Sec. 42. NRS 695F.090 is hereby amended to read as follows:

      695F.090  Prepaid limited health service organizations are subject to the provisions of this chapter and to the following provisions, to the extent reasonably applicable:

      1.  NRS 687B.310 to 687B.420, inclusive, concerning cancellation and nonrenewal of policies.

      2.  NRS 687B.122 to 687B.128, inclusive, concerning readability of policies.

      3.  The requirements of NRS 679B.152.

      4.  The fees imposed pursuant to NRS 449.465.

      5.  NRS 686A.010 to 686A.310, inclusive, concerning trade practices and frauds.

      6.  The assessment imposed pursuant to NRS 679B.700.

      7.  Chapter 683A of NRS.

      8.  To the extent applicable, the provisions of NRS 689B.340 to 689B.580, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance.

 


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      9.  NRS 689A.035, 689A.410, 689A.413 and 689A.415 [.] and section 29 of this act.

      10.  NRS 680B.025 to 680B.039, inclusive, concerning premium tax, premium tax rate, annual report and estimated quarterly tax payments. For the purposes of this subsection, unless the context otherwise requires that a section apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “prepaid limited health service organization.”

      11.  Chapter 692C of NRS, concerning holding companies.

      12.  NRS 689A.637, concerning health centers.

      Sec. 43. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A health care plan issued by a managed care organization for group coverage must include coverage for services provided to an insured through telehealth to the same extent as though provided in person or by other means.

      2.  A managed care organization shall not:

      (a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;

      (b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;

      (c) Refuse to provide the coverage described in subsection 1 because of the distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth; or

      (d) Require covered services to be provided through telehealth as a condition to providing coverage for such services.

      3.  A health care plan of a managed care organization must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person. Such a health care plan may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

      4.  The provisions of this section do not require a managed care organization to:

      (a) Ensure that covered services are available to an insured through telehealth at a particular originating site;

      (b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or

      (c) Enter into a contract with any provider of health care or cover any service if the managed care organization is not otherwise required by law to do so.

      5.  Evidence of coverage that is delivered, issued for delivery or renewed on or after July 1, 2015, has the legal effect of including the coverage required by this section, and any provision of the plan or the renewal which is in conflict with this section is void.

      6.  As used in this section:

 


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ê2015 Statutes of Nevada, Page 648 (Chapter 153, AB 292)ê

 

      (a) “Distant site” has the meaning ascribed to it in section 3 of this act.

      (b) “Originating site” has the meaning ascribed to it in section 3 of this act. 

      (c) “Provider of health care” has the meaning ascribed to it in NRS 439.820.

      (d) “Telehealth” has the meaning ascribed to it in section 3 of this act.

      Sec. 44.  NRS 633.165 is hereby repealed.

      Sec. 45.  This act becomes effective on July 1, 2015.

________

CHAPTER 154, AB 305

Assembly Bill No. 305–Assemblyman Oscarson

 

CHAPTER 154

 

[Approved: May 25, 2015]

 

AN ACT relating to public health; authorizing the holder of a permit to operate an ambulance service, air ambulance service or fire-fighting agency to obtain an endorsement on the permit to allow certain employees and volunteers to provide community paramedicine services; requiring certain health authorities to prepare an annual report concerning the provision of community paramedicine services; repealing a provision which prohibited certain fire-fighting agencies from obtaining a permit to provide intermediate or advanced medical care; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the operator of an ambulance or air ambulance or a fire-fighting agency that operates vehicles at the scene of an emergency to obtain a permit. (NRS 450B.200, 450B.240, 450B.265) Section 4 of this bill requires the State Board of Health in a county whose population is less than 700,000 (currently all counties except for Clark County) and the district board of health in a county whose population is 700,000 or more (currently Clark County) to adopt regulations to provide for an endorsement to be placed on the permit to operate those vehicles that allows the holder to provide community paramedicine services. Section 2 of this bill defines the term “community paramedicine services” as health care services provided to certain patients who do not require emergency medical transportation in a manner that is integrated with the local and regional health care and social services systems. Section 4 requires such regulations to prescribe the training and qualifications necessary for an emergency medical technician, advanced emergency medical technician or paramedic who is employed by or serves as a volunteer for the holder of such an endorsement to provide community paramedicine services and to prescribe the scope of the community paramedicine services that may be provided.

      Section 9 of this bill prohibits a person or governmental entity from providing community paramedicine services without a currently valid permit with an endorsement which authorizes the provision of such services and makes a violation a misdemeanor. (NRS 450B.900) Section 10 of this bill prohibits an emergency medical technician, advanced emergency medical technician or paramedic from providing community paramedicine services unless the person meets certain requirements and makes a violation a misdemeanor. (NRS 450B.900)

 


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      Section 5 of this bill requires each holder of a permit with an endorsement to provide community paramedicine services to submit to the Division of Public and Behavioral Health of the Department of Health and Human Services or district board of health, as applicable, (health authority) a quarterly report concerning the effect of providing community paramedicine services. Section 5 also requires the Division and the district board of health to submit to the Legislature an annual report that summarizes the quarterly reports it receives.

      Existing law prohibits an agency other than the district board of health in a county whose population is 700,000 or more (currently only Clark County) from issuing a permit authorizing a fire-fighting agency to provide the level of care provided by an advanced medical technician or paramedic to sick or injured persons while transporting those persons to a medical facility. (NRS 450B.1985) Section 13 of this bill repeals this provision so that a fire-fighting agency located anywhere in this State may obtain such a permit and provide the level of care provided by an advanced medical technician or paramedic to patients being transported to a medical facility on an emergency basis or, if the agency holds an endorsement to provide community paramedicine services, a non-emergency basis.

      Sections 3 and 6-8.5 make conforming changes.

 

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. “Community paramedicine services” means services provided by an emergency medical technician, advanced emergency medical technician or paramedic to patients who do not require emergency medical transportation and provided in a manner that is integrated with the health care and social services resources available in the community.

      Sec. 3. As used in sections 3, 4 and 5 of this act, unless the context otherwise requires, “emergency medical provider” means an emergency medical technician, advanced emergency medical technician or paramedic.

      Sec. 4. 1.  The board shall adopt regulations to provide for the issuance of an endorsement on a permit which allows an emergency medical provider who is employed by or serves as a volunteer for the holder of the permit to provide community paramedicine services. Such regulations must establish, without limitation:

      (a) The manner in which to apply for an endorsement;

      (b) The qualifications and requirements of a holder of a permit to obtain an endorsement;

      (c) The required training and qualifications of an emergency medical provider who will provide community paramedicine services and the proof necessary to demonstrate such training and qualifications;

      (d) The scope of the community paramedicine services that may be provided by an emergency medical provider who is employed by or serves as a volunteer for the holder of the permit, which must not include any services that are outside the scope of practice of the emergency medical provider;

      (e) The continuing education requirements or other evidence of continued competency for renewal of the endorsement; and

      (f) Such other requirements as the board deems necessary to carry out the provisions of sections 3, 4 and 5 of this act.

 


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ê2015 Statutes of Nevada, Page 650 (Chapter 154, AB 305)ê

 

      2.  The holder of a permit may apply for an endorsement to provide community paramedicine services by submitting to the health authority an application upon forms prescribed by the board and in accordance with procedures established by the board. The health authority must not approve an application for an endorsement or a renewal of an endorsement unless the applicant meets the requirements prescribed by the board by regulation pursuant to subsection 1. No additional fee may be charged for an endorsement.

      3.  An endorsement to provide community paramedicine services expires on the same date as the permit and is renewable annually thereafter at least 30 days before the expiration date.

      4.  An emergency medical provider may provide community paramedicine services only as an employee of or volunteer for the holder of a permit who has obtained an endorsement and only if the emergency medical provider possesses the training and qualifications required by the board. Any services provided must not exceed the scope of practice of the emergency medical provider.

      Sec. 5. 1.  Each holder of a permit who has obtained an endorsement to provide community paramedicine services pursuant to section 4 of this act shall submit a quarterly report to the health authority that issued the endorsement which must include, without limitation:

      (a) Information concerning the community paramedicine services that were provided in lieu of emergency medical transportation, including, without limitation, the types of services provided and the number of persons for whom such services were provided;

      (b) The impact of providing community paramedicine services on the overall services provided to patients; and

      (c) Such other information as prescribed by the health authority or requested by the Legislature or the Legislative Committee on Health Care.

      2.  On or before February 1 of each year, each health authority shall submit a report summarizing the information received concerning community paramedicine services pursuant to subsection 1 along with a summary of the impact of providing such services to patients in that manner to the Director of the Legislative Counsel Bureau for transmittal to the Legislature in odd-numbered years or the Legislative Committee on Health Care in even-numbered years.

      Sec. 6. NRS 450B.020 is hereby amended to read as follows:

      450B.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 450B.025 to 450B.110, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 7. NRS 450B.072 is hereby amended to read as follows:

      450B.072  “Fire-fighting agency” means a fire department or fire protection district of the State or a political subdivision which holds a permit issued pursuant to this chapter. [The term does not include a person or governmental entity, other than a governmental entity to whom a permit is issued in accordance with the provisions of NRS 450B.1985, which provides transportation of sick or injured persons to a medical facility.]

      Sec. 8. NRS 450B.100 is hereby amended to read as follows:

      450B.100  “Permit” means the permit issued by the health authority under the provisions of this chapter to:

 


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ê2015 Statutes of Nevada, Page 651 (Chapter 154, AB 305)ê

 

      1.  A person, agency of the State or political subdivision to own or operate an ambulance or air ambulance in the State of Nevada; or

      2.  A fire-fighting agency to provide [medical] :

      (a) Medical care by emergency medical technicians, advanced emergency medical technicians or paramedics to sick or injured persons:

      [(a)](1) At the scene of an emergency; or

      [(b)](2) At the scene of an emergency and while transporting those persons to a medical facility [.] ; and

      (b) Community paramedicine services, but only if the fire-fighting agency has obtained an endorsement on the permit to provide such services pursuant to section 4 of this act.

      Sec. 8.5. NRS 450B.200 is hereby amended to read as follows:

      450B.200  1.  The health authority may issue a permit for [the] :

      (a) The operation of an ambulance [,] or an air ambulance ; or [a]

      (b) A vehicle of a fire-fighting agency [at] :

             (1) At the scene of an emergency [.] ; and

             (2) To provide community paramedicine services, but only if the holder of the permit has obtained an endorsement on the permit to provide such services pursuant to section 4 of this act.

      2.  Each permit must be evidenced by a card issued to the holder of the permit.

      3.  No permit may be issued unless the applicant is qualified pursuant to the regulations of the board.

      4.  An application for a permit must be made upon forms prescribed by the board and in accordance with procedures established by the board, and must contain the following:

      (a) The name and address of the owner of the ambulance or air ambulance or of the fire-fighting agency;

      (b) The name under which the applicant is doing business or proposes to do business, if applicable;

      (c) A description of each ambulance, air ambulance or vehicle of a fire-fighting agency, including the make, year of manufacture and chassis number, and the color scheme, insigne, name, monogram or other distinguishing characteristics to be used to designate the applicant’s ambulance, air ambulance or vehicle;

      (d) The location and description of the places from which the ambulance, air ambulance or fire-fighting agency intends to operate; and

      (e) Such other information as the board deems reasonable and necessary to a fair determination of compliance with the provisions of this chapter.

      5.  The board shall establish a reasonable fee for annual permits.

      6.  All permits expire on July 1 following the date of issue, and are renewable annually thereafter upon payment of the fee required by subsection 5 at least 30 days before the expiration date.

      7.  The health authority shall:

      (a) Revoke, suspend or refuse to renew any permit issued pursuant to this section for violation of any provision of this chapter or of any regulation adopted by the board; or

      (b) Bring an action in any court for violation of this chapter or the regulations adopted pursuant to this chapter,

Ê only after the holder of a permit is afforded an opportunity for a public hearing pursuant to regulations adopted by the board.

 


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      8.  The health authority may suspend a permit if the holder is using an ambulance, air ambulance or vehicle of a fire-fighting agency which does not meet the minimum requirements for equipment as established by the board pursuant to this chapter.

      9.  In determining whether to issue a permit for the operation of an air ambulance pursuant to this section, the health authority:

      (a) Except as otherwise provided in paragraph (b), may consider the medical aspects of the operation of an air ambulance, including, without limitation, aspects related to patient care; and

      (b) Shall not consider economic factors, including, without limitation, factors related to the prices, routes or nonmedical services of an air ambulance.

      10.  The issuance of a permit pursuant to this section or NRS 450B.210 does not authorize any person or governmental entity to provide those services or to operate any ambulance, air ambulance or vehicle of a fire-fighting agency not in conformity with any ordinance or regulation enacted by any county, municipality or special purpose district.

      11.  A permit issued pursuant to this section is valid throughout the State, whether issued by the Division or a district board of health. An ambulance, air ambulance or vehicle of a fire-fighting agency which has received a permit from the district board of health in a county whose population is 700,000 or more is not required to obtain a permit from the Division, even if the ambulance, air ambulance or vehicle of a fire-fighting agency has routine operations outside the county.

      12.  The Division shall maintain a central registry of all permits issued pursuant to this section, whether issued by the Division or a district board of health.

      13.  The board shall adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 9. NRS 450B.240 is hereby amended to read as follows:

      450B.240  1.  A person or governmental entity shall not engage in the operation of any ambulance or air ambulance service in this state without a currently valid permit for that service issued by the health authority.

      2.  A fire-fighting agency shall not provide the level of medical care provided by an advanced emergency medical technician or paramedic to sick or injured persons at the scene of an emergency or while transporting those persons to a medical facility without a currently valid permit for that care issued by the health authority.

      3.  A person or governmental entity shall not provide community paramedicine services or represent, advertise or otherwise imply that it is authorized to provide community paramedicine services without a currently valid permit with an endorsement to provide community paramedicine services issued by the health authority pursuant to section 4 of this act.

      4.  Nothing in this section precludes the operation of an aircraft in this state in a manner other than as an air ambulance.

      Sec. 10. NRS 450B.250 is hereby amended to read as follows:

      450B.250  1.  Except as otherwise provided in this chapter, a person shall not serve as an attendant on any ambulance or air ambulance and a firefighter shall not provide the level of medical care provided by an advanced emergency medical technician or paramedic to sick or injured persons at the scene of an emergency or while transporting those persons to a medical facility unless the person holds a currently valid license issued by the health authority under the provisions of this chapter.

 


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medical facility unless the person holds a currently valid license issued by the health authority under the provisions of this chapter.

      2.  A person shall not provide community paramedicine services unless the person:

      (a) Is certified as an emergency medical technician, an advanced emergency medical technician or a paramedic;

      (b) Is employed by or serves as a volunteer for a person or governmental entity which has a currently valid permit with an endorsement to provide community paramedicine services issued by the health authority pursuant to section 4 of this act; and

      (c) Meets the qualifications and has satisfied any training required by regulations adopted pursuant to section 4 of this act.

      Sec. 11.  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. 12.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 13. NRS 450B.1985 is hereby repealed.

      Sec. 14.  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.  On January 1, 2016, for all other purposes.

________

CHAPTER 155, AB 449

Assembly Bill No. 449–Committee on Transportation

 

CHAPTER 155

 

[Approved: May 25, 2015]

 

AN ACT relating to motor vehicles; providing for the issuance of special license plates indicating support for the Boy Scouts of America; providing for the issuance of special license plates recognizing that a person has achieved the rank of Eagle Scout in the Boy Scouts of America; providing for the issuance of special license plates recognizing that a person has been awarded the Girl Scout Gold Award by the Girl Scouts of America; imposing a fee for the issuance and renewal of such license plates; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 2 of this bill provides for the issuance of special license plates indicating support for the Boy Scouts of America, and section 3 of this bill provides for the issuance of special license plates recognizing that a person has achieved the rank of Eagle Scout in the Boy Scouts of America. The fees generated by such special license plates that are in addition to all other applicable registration and license fees and governmental services taxes are required to be deposited with the State Treasurer, who must, on a quarterly basis, distribute the fees to the Las Vegas Area Council of the Boy Scouts of America. The Las Vegas Area Council will then allocate the fees between itself and the Nevada Area Council of the Boy Scouts of America in proportion to the number of license plates issued pursuant to section 2 or 3 in the area represented by each area council.

 


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area represented by each area council. Section 2 requires the fees generated by the special license plates indicating support for the Boy Scouts of America to be used for the purposes of: (1) assisting boys from low-income families with the costs of participating in Boy Scouts; and (2) promoting the Boy Scouts of America in schools. Section 3 requires the fees generated by the special license plates recognizing that a person has achieved the rank of Eagle Scout in the Boy Scouts of America to be used for the purpose of assisting boys with the costs of participating in local area camps sponsored by the Boy Scouts of America.

      Section 3.5 of this bill provides for the issuance of special license plates recognizing that a person has been awarded the Girl Scout Gold Award by the Girl Scouts of America. The fees generated by such special license plates that are in addition to all other applicable registration and license fees and governmental services taxes are required to be deposited with the State Treasurer, who must, on a quarterly basis, distribute the fees to the Girl Scouts of Southern Nevada of the Girl Scouts of America. The Girl Scouts of Southern Nevada will then allocate the fees between itself and the Girl Scouts of the Sierra Nevada and the Girl Scouts of Silver Sage Council of the Girl Scouts of America in proportion to the number of license plates issued pursuant to section 3.5 in the area represented by each area council. Section 3.5 requires the fees generated by such special license plates to be used for the purposes of: (1) assisting girls from low-income families with the costs of participating in the Girl Scouts of America; and (2) promoting the Girl Scouts of America in schools.

      Special license plates indicating support for the Boy Scouts of America that are issued pursuant to section 2 must be approved by the Commission on Special License Plates and, after such approval, will not be issued until one of the 30 design slots for such special license plates becomes available. (NRS 482.367004, 482.367008, 482.36705) Section 2 does not require, as a prerequisite to design, preparation and issuance, that such special license plates receive a minimum number of applications, but does require that a surety bond be posted with the Department of Motor Vehicles. Section 8.5 of this bill provides that special license plates recognizing that a person has achieved the rank of Eagle Scout in the Boy Scouts of America or has been awarded the Girl Scout Gold Award by the Girl Scouts of America are exempt from the requirements that a special license plate generally: (1) must be approved by the Department, based on a recommendation from the Commission on Special License Plates; (2) is subject to a limitation on the number of separate designs of special license plates which the Department may issue at any one time; and (3) may not be designed, prepared or issued by the Department unless a certain minimum number of applications for the license plate is received. (NRS 482.367004, 482.367008, 482.36705)

      Sections 4-8 and 9-11 of this bill make conforming changes to various sections based on the provisions of sections 2, 3 and 3.5.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 3.5 of this act.

      Sec. 2. 1.  Except as otherwise provided in subsection 2, the Department, in cooperation with the Boy Scouts of America, shall design, prepare and issue license plates that indicate support for the Boy Scouts of America using any colors the Department deems appropriate.

      2.  The Department shall not design, prepare or issue the license plates described in subsection 1 unless:

 


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      (a) The Commission on Special License Plates recommends to the Department that the Department approve the design, preparation and issuance of those plates as described in NRS 482.367004; and

      (b) A surety bond in the amount of $5,000 is posted with the Department.

      3.  If the conditions set forth in subsection 2 are met, the Department shall issue license plates that indicate support for the Boy Scouts of America for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate support for the Boy Scouts of America if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate support for the Boy Scouts of America pursuant to subsections 4 and 5.

      4.  The fee payable to the Department for license plates that indicate support for the Boy Scouts of America is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10.

      5.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed pursuant to subsection 4, a person who requests a set of license plates that indicate support for the Boy Scouts of America must pay for the issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be deposited in accordance with subsection 6.

      6.  Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 5 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Las Vegas Area Council of the Boy Scouts of America. The Las Vegas Area Council shall allocate the fees to itself and the Nevada Area Council of the Boy Scouts of America in proportion to the number of license plates issued pursuant to this section in the area represented by each area council. The fees must be used to assist boys from low-income families with the costs of participating in the Boy Scouts of America and to promote the Boy Scouts of America in schools.

      7.  The Department must promptly release the surety bond that is required to be posted pursuant to paragraph (b) of subsection 2 if:

      (a) The Department, based upon the recommendation of the Commission on Special License Plates, determines not to issue the special license plate; or

      (b) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.

      8.  The provisions of paragraph (a) of subsection 1 of NRS 482.36705 do not apply to license plates described in this section.

      9.  If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

 


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      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 3. 1.  The Department, in cooperation with the Boy Scouts of America, shall design, prepare and issue license plates recognizing that a person has achieved the rank of Eagle Scout in the Boy Scouts of America using any colors the Department deems appropriate.

      2.  The Department shall issue license plates recognizing that a person has achieved the rank of Eagle Scout in the Boy Scouts of America for a passenger car or light commercial vehicle upon application by a person who:

      (a) Is entitled to license plates pursuant to NRS 482.265;

      (b) As proof that the person has been awarded the rank of Eagle Scout in the Boy Scouts of America, submits a card or certificate issued by the Boy Scouts of America or a letter issued by a local area council of the Boy Scouts of America stating that the person has been awarded that rank; and

      (c) Otherwise complies with the requirements for registration and licensing pursuant to this chapter.

      3.  A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates recognizing that a person has achieved the rank of Eagle Scout in the Boy Scouts of America if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates recognizing that a person has achieved the rank of Eagle Scout in the Boy Scouts of America pursuant to subsections 4 and 5.

      4.  The fee payable to the Department for license plates recognizing that a person has achieved the rank of Eagle Scout in the Boy Scouts of America is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10.

      5.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed pursuant to subsection 4, a person who requests a set of license plates recognizing that a person has achieved the rank of Eagle Scout in the Boy Scouts of America must pay for the issuance of the plates an additional fee of $35 and for each renewal of the plates an additional fee of $25, to be deposited in accordance with subsection 6.

      6.  Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 5 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Las Vegas Area Council of the Boy Scouts of America. The Las Vegas Area Council shall allocate the fees to itself and the Nevada Area Council of the Boy Scouts of America in proportion to the number of license plates issued pursuant to this section in the area represented by each area council. The fees must be used to assist boys with the costs of participating in local area camps sponsored by the Boy Scouts of America.

 


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      7.  If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 3.5. 1.  The Department, in cooperation with the Girl Scouts of America, shall design, prepare and issue license plates recognizing that a person has been awarded the Girl Scout Gold Award by the Girl Scouts of America using any colors the Department deems appropriate.

      2.  The Department shall issue license plates recognizing that a person has been awarded the Girl Scout Gold Award by the Girl Scouts of America for a passenger car or light commercial vehicle upon application by a person who:

      (a) Is entitled to license plates pursuant to NRS 482.265;

      (b) As proof that the person has been awarded the Girl Scout Gold Award by the Girl Scouts of America, submits a certificate issued by the Girl Scouts of America or a letter issued by a local area council of the Girl Scouts of America stating that the person has been awarded the Girl Scout Gold Award; and

      (c) Otherwise complies with the requirements for registration and licensing pursuant to this chapter.

      3.  A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates recognizing that a person has been awarded the Girl Scout Gold Award by the Girl Scouts of America if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates recognizing that a person has been awarded the Girl Scout Gold Award by the Girl Scouts of America pursuant to subsections 4 and 5.

      4.  The fee payable to the Department for license plates recognizing that a person has been awarded the Girl Scout Gold Award by the Girl Scouts of America is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10.

      5.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed pursuant to subsection 4, a person who requests a set of license plates recognizing that a person has been awarded the Girl Scout Gold Award by the Girl Scouts of America must pay for the issuance of the plates an additional fee of $35 and for each renewal of the plates an additional fee of $25, to be deposited in accordance with subsection 6.

      6.  Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 5 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Girl Scouts of Southern Nevada of the Girl Scouts of America. The Girl Scouts of Southern Nevada shall allocate the fees to itself and the Girl Scouts of the Sierra Nevada and the Girl Scouts of Silver Sage Council of the Girl Scouts of America in proportion to the number of license plates issued pursuant to this section in the area represented by each area council.

 


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license plates issued pursuant to this section in the area represented by each area council. The fees must be used to assist girls from low-income families with the costs of participating in the Girl Scouts of America and to promote the Girl Scouts of America in schools.

      7.  If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 4. NRS 482.2065 is hereby amended to read as follows:

      482.2065  1.  A trailer may be registered for a 3-year period as provided in this section.

      2.  A person who registers a trailer for a 3-year period must pay upon registration all fees and taxes that would be due during the 3-year period if he or she registered the trailer for 1 year and renewed that registration for 2 consecutive years immediately thereafter, including, without limitation:

      (a) Registration fees pursuant to NRS 482.480 and 482.483.

      (b) A fee for each license plate issued pursuant to NRS 482.268.

      (c) Fees for the initial issuance and renewal of a special license plate pursuant to NRS 482.265, if applicable.

      (d) Fees for the initial issuance and renewal of a personalized prestige license plate pursuant to NRS 482.367, if applicable.

      (e) Additional fees for the initial issuance and renewal of a special license plate issued pursuant to NRS 482.3667 to 482.3823, inclusive, and sections 2, 3 and 3.5 of this act, which are imposed to generate financial support for a particular cause or charitable organization, if applicable.

      (f) Governmental services taxes imposed pursuant to chapter 371 of NRS, as provided in NRS 482.260.

      (g) The applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.

      3.  As used in this section, the term “trailer” does not include a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483.

      Sec. 5. NRS 482.216 is hereby amended to read as follows:

      482.216  1.  Upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:

      (a) Accept applications for the registration of the new motor vehicles he or she sells and the related fees and taxes;

      (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

      (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

      2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

      (a) Transmit the applications received to the Department within the period prescribed by the Department;

 


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      (b) Transmit the fees collected from the applicants and properly account for them within the period prescribed by the Department;

      (c) Comply with the regulations adopted pursuant to subsection 4; and

      (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

      3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

      (a) Charge any additional fee for the performance of those services;

      (b) Receive compensation from the Department for the performance of those services;

      (c) Accept applications for the renewal of registration of a motor vehicle; or

      (d) Accept an application for the registration of a motor vehicle if the applicant wishes to:

             (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3823, inclusive [;] , and sections 2, 3 and 3.5 of this act; or

             (2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.

      4.  The Director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

      (a) The expedient and secure issuance of license plates and decals by the Department; and

      (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the Department.

      Sec. 6. NRS 482.2703 is hereby amended to read as follows:

      482.2703  1.  The Director may order the preparation of sample license plates which must be of the same design and size as regular license plates or license plates issued pursuant to NRS 482.384. The Director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and an identical designation which consists of the same group of three numerals followed by the same group of three letters; and

      (b) The designation of numerals and letters assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      2.  The Director may order the preparation of sample license plates which must be of the same design and size as any of the special license plates issued pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and sections 2, 3 and 3.5 of this act. The Director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and the number zero in the location where any other numerals would normally be displayed on a license plate of that design; and

      (b) The number assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      3.  The Director may establish a fee for the issuance of sample license plates of not more than $15 for each license plate.

      4.  A decal issued pursuant to NRS 482.271 may be displayed on a sample license plate issued pursuant to this section.

 


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      5.  All money collected from the issuance of sample license plates must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

      6.  A person shall not affix a sample license plate issued pursuant to this section to a vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor.

      Sec. 7. NRS 482.274 is hereby amended to read as follows:

      482.274  1.  The Director shall order the preparation of vehicle license plates for trailers in the same manner provided for motor vehicles in NRS 482.270, except that a vehicle license plate prepared for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 is not required to have displayed upon it the month and year the registration expires.

      2.  The Director shall order preparation of two sizes of vehicle license plates for trailers. The smaller plates may be used for trailers with a gross vehicle weight of less than 1,000 pounds.

      3.  The Director shall determine the registration numbers assigned to trailers.

      4.  Any license plates issued for a trailer before July 1, 1975, bearing a different designation from that provided for in this section, are valid during the period for which such plates were issued.

      5.  The Department shall not issue for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 a special license plate available pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and sections 2, 3 and 3.5 of this act.

      Sec. 7.5. NRS 482.367004 is hereby amended to read as follows:

      482.367004  1.  There is hereby created the Commission on Special License Plates. The Commission is advisory to the Department and consists of five Legislators and three nonvoting members as follows:

      (a) Five Legislators appointed by the Legislative Commission:

             (1) One of whom is the Legislator who served as the Chair of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.

             (2) One of whom is the Legislator who served as the Chair of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session.

      (b) Three nonvoting members consisting of:

             (1) The Director of the Department of Motor Vehicles, or a designee of the Director.

             (2) The Director of the Department of Public Safety, or a designee of the Director.

             (3) The Director of the Department of Tourism and Cultural Affairs, or a designee of the Director.

      2.  Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.

 

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