[Rev. 10/12/2015 12:47:01 PM]

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ê2015 Statutes of Nevada, Page 661 (Chapter 155, AB 449)ê

 

      3.  Members of the Commission serve without salary or compensation for their travel or per diem expenses.

      4.  The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.

      5.  The Commission shall recommend to the Department that the Department approve or disapprove:

      (a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002;

      (b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002; and

      (c) Except as otherwise provided in subsection 7, applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature after January 1, 2007.

Ê In determining whether to recommend to the Department the approval of such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate. For the purpose of making recommendations to the Department, the Commission shall consider each application in the chronological order in which the application was received by the Department.

      6.  On or before September 1 of each fiscal year, the Commission shall compile a list of each special license plate for which the Commission, during the immediately preceding fiscal year, recommended to the Department that the Department approve the application for the special license plate or approve the issuance of the special license plate. The list so compiled must set forth, for each such plate, the cause or charitable organization for which the special license plate generates or would generate financial support, and the intended use to which the financial support is being put or would be put. The Commission shall transmit the information described in this subsection to the Department and the Department shall make that information available on its Internet website.

      7.  The provisions of paragraph (c) of subsection 5 do not apply with regard to special license plates that are issued pursuant to NRS 482.3757, 482.3785, 482.3787 or 482.37901 [.] or section 3 or 3.5 of this act.

      8.  The Commission shall:

      (a) Recommend to the Department that the Department approve or disapprove any proposed change in the distribution of money received in the form of additional fees. As used in this paragraph, “additional fees” means the fees that are charged in connection with the issuance or renewal of a special license plate for the benefit of a particular cause, fund or charitable organization. The term does not include registration and license fees or governmental services taxes.

      (b) If it recommends a proposed change pursuant to paragraph (a) and determines that legislation is required to carry out the change, recommend to the Department that the Department request the assistance of the Legislative Counsel in the preparation of a bill draft to carry out the change.

      Sec. 8. NRS 482.367008 is hereby amended to read as follows:

      482.367008  1.  As used in this section, “special license plate” means:

      (a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

 


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      (b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938 or 482.37945 [;] or section 2 of this act; and

      (c) Except for a license plate that is issued pursuant to NRS 482.3757, 482.3785, 482.3787 or 482.37901 [,] or section 3 or 3.5 of this act, a license plate that is approved by the Legislature after July 1, 2005.

      2.  Notwithstanding any other provision of law to the contrary, and except as otherwise provided in subsection 3, the Department shall not, at any one time, issue more than 30 separate designs of special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been recommended by the Commission on Special License Plates to be approved by the Department pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 30 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval by the Department.

      3.  In addition to the special license plates described in subsection 2, the Department may issue not more than five separate designs of special license plates in excess of the limit set forth in that subsection. To qualify for issuance pursuant to this subsection:

      (a) The Commission on Special License Plates must have recommended to the Department that the Department approve the design, preparation and issuance of the special plates as described in paragraphs (a) and (b) of subsection 5 of NRS 482.367004; and

      (b) The special license plates must have been applied for, designed, prepared and issued pursuant to NRS 482.367002, except that:

             (1) The application for the special license plates must be accompanied by a surety bond posted with the Department in the amount of $20,000; and

             (2) Pursuant to the assessment of the viability of the design of the special license plates that is conducted pursuant to this section, it is determined that at least 3,000 special license plates have been issued.

      4.  Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:

      (a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and

      (b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.

      5.  If, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates not described in subsection 3, less than 1,000; or

 


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      (b) In the case of special license plates described in subsection 3, less than 3,000,

Ê the Director shall provide notice of that fact in the manner described in subsection 6.

      6.  The notice required pursuant to subsection 5 must be provided:

      (a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.

      (b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.

      7.  If, on December 31 of the same year in which notice was provided pursuant to subsections 5 and 6, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates not described in subsection 3, less than 1,000; or

      (b) In the case of special license plates described in subsection 3, less than 3,000,

Ê the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.

      Sec. 8.5.NRS 482.36705 is hereby amended to read as follows:

      482.36705  1.  Except as otherwise provided in subsection 2:

      (a) If a new special license plate is authorized by an act of the Legislature after January 1, 2003, other than a special license plate that is authorized pursuant to NRS 482.379375, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the Legislature that authorized the plate.

      (b) In addition to the requirements set forth in paragraph (a), if a new special license plate is authorized by an act of the Legislature after July 1, 2005, the Legislature will direct that the license plate not be issued by the Department unless its issuance complies with subsection 2 of NRS 482.367008.

      (c) In addition to the requirements set forth in paragraphs (a) and (b), if a new special license plate is authorized by an act of the Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Commission on Special License Plates recommends to the Department that the Department approve the application for the authorized plate pursuant to NRS 482.367004.

      2.  The provisions of subsection 1 do not apply with regard to special license plates that are issued pursuant to NRS 482.3757, 482.3785, 482.3787 or 482.37901 [.] or section 3 or 3.5 of this act.

      Sec. 9. NRS 482.3824 is hereby amended to read as follows:

      482.3824  1.  Except as otherwise provided in NRS 482.38279, with respect to any special license plate that is issued pursuant to NRS 482.3667 to 482.3823, inclusive, and sections 2, 3 and 3.5 of this act, and for which additional fees are imposed for the issuance of the special license plate to generate financial support for a charitable organization:

 


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additional fees are imposed for the issuance of the special license plate to generate financial support for a charitable organization:

      (a) The Director shall, at the request of the charitable organization that is benefited by the particular special license plate:

             (1) Order the design and preparation of souvenir license plates, the design of which must be substantially similar to the particular special license plate; and

             (2) Issue such souvenir license plates, for a fee established pursuant to NRS 482.3825, only to the charitable organization that is benefited by the particular special license plate. The charitable organization may resell such souvenir license plates at a price determined by the charitable organization.

      (b) The Department may, except as otherwise provided in this paragraph and after the particular special license plate is approved for issuance, issue the special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, excluding vehicles required to be registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, and full trailers or semitrailers registered pursuant to subsection 3 of NRS 482.483, upon application by a person who is entitled to license plates pursuant to NRS 482.265 or 482.272 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter or chapter 486 of NRS. The Department may not issue a special license plate for such other types of vehicles if the Department determines that the design or manufacture of the plate for those other types of vehicles would not be feasible. In addition, if the Department incurs additional costs to manufacture a special license plate for such other types of vehicles, including, without limitation, costs associated with the purchase, manufacture or modification of dies or other equipment necessary to manufacture the special license plate for such other types of vehicles, those additional costs must be paid from private sources without any expense to the State of Nevada.

      2.  If, as authorized pursuant to paragraph (b) of subsection 1, the Department issues a special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, the Department shall charge and collect for the issuance and renewal of such a plate the same fees that the Department would charge and collect if the other type of vehicle was a passenger car or light commercial vehicle. As used in this subsection, “fees” does not include any applicable registration or license fees or governmental services taxes.

      3.  As used in this section:

      (a) “Additional fees” has the meaning ascribed to it in NRS 482.38273.

      (b) “Charitable organization” means a particular cause, charity or other entity that receives money from the imposition of additional fees in connection with the issuance of a special license plate pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and sections 2, 3 and 3.5 of this act. The term includes the successor, if any, of a charitable organization.

      Sec. 9.5. NRS 482.38276 is hereby amended to read as follows:

      482.38276  “Special license plate” [has the meaning ascribed to it in subsection 1 of NRS 482.367008.] means:

      1.  A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

 


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      2.  A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938 or 482.37945 or section 2 of this act; and

      3.  Except for a license plate that is issued pursuant to NRS 482.3757, 482.3785, 482.3787 or 482.37901, a license plate that is approved by the Legislature after July 1, 2005.

      Sec. 10. NRS 482.399 is hereby amended to read as follows:

      482.399  1.  Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.

      2.  Except as otherwise provided in subsection 3 of NRS 482.483, the holder of the original registration may transfer the registration to another vehicle to be registered by the holder and use the same regular license plate or plates or special license plate or plates issued pursuant to NRS 482.3667 to 482.3823, inclusive, and sections 2, 3 and 3.5 of this act, or 482.384, on the vehicle from which the registration is being transferred, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and governmental services tax on the vehicle to which the registration is transferred over the total registration fee and governmental services tax paid on all vehicles from which he or she is transferring ownership or interest. Except as otherwise provided in NRS 482.294, an application for transfer of registration must be made in person, if practicable, to any office or agent of the Department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete.

      3.  In computing the governmental services tax, the Department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle or on any other vehicle of which the person is the registered owner. If any person transfers ownership or interest in two or more vehicles, the Department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner. The certificates of registration and unused license plates of the vehicles from which a person transfers ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner.

      4.  In computing the registration fee, the Department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred.

      5.  If the amount owed on the registration fee or governmental services tax on the vehicle to which registration is transferred is less than the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers ownership or interest, no refund may be allowed by the Department.

 


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ê2015 Statutes of Nevada, Page 666 (Chapter 155, AB 449)ê

 

the total registration fee or governmental services tax paid on all vehicles from which a person transfers ownership or interest, no refund may be allowed by the Department.

      6.  If the license plate or plates are not appropriate for the second vehicle, the plate or plates must be surrendered to the Department or registered dealer and an appropriate plate or plates must be issued by the Department. The Department shall not reissue the surrendered plate or plates until the next succeeding licensing period.

      7.  If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any vehicle, the license plate or plates must be surrendered to the Department on or before the 60th day for cancellation of the registration.

      8.  Except as otherwise provided in subsection 2 of NRS 371.040 and subsection 7 of NRS 482.260, if a person cancels his or her registration and surrenders to the Department the license plates for a vehicle, the Department shall, in accordance with the provisions of subsection 9, issue to the person a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis.

      9.  The Department shall issue a refund pursuant to subsection 8 only if the request for a refund is made at the time the registration is cancelled and the license plates are surrendered, the person requesting the refund is a resident of Nevada, the amount eligible for refund exceeds $100, and evidence satisfactory to the Department is submitted that reasonably proves the existence of extenuating circumstances. For the purposes of this subsection, the term “extenuating circumstances” means circumstances wherein:

      (a) The person has recently relinquished his or her driver’s license and has sold or otherwise disposed of his or her vehicle.

      (b) The vehicle has been determined to be inoperable and the person does not transfer the registration to a different vehicle.

      (c) The owner of the vehicle is seriously ill or has died and the guardians or survivors have sold or otherwise disposed of the vehicle.

      (d) Any other event occurs which the Department, by regulation, has defined to constitute an “extenuating circumstance” for the purposes of this subsection.

      Sec. 11. NRS 482.500 is hereby amended to read as follows:

      482.500  1.  Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, indicator, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration........................................................... $5.00

For every substitute number plate or set of plates............................ 5.00

For every duplicate number plate or set of plates........................... 10.00

For every decal displaying a county name.........................................   .50

For every other indicator, decal, license plate sticker or tab............ 5.00

 

      2.  The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

 


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      (a) For any special plate issued pursuant to NRS 482.3667, 482.367002, 482.3672,

482.3675, 482.370 to 482.376, inclusive, and sections 2, 3 and 3.5 of this act, or 482.379 to 482.3818, inclusive, a fee of $10.

      (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

      (c) Except as otherwise provided in paragraph (a) of subsection 1 of NRS 482.3824, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the Director for the issuance of those plates.

      3.  A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.

      4.  The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the costs of duplicating the plates and manufacturing the decals.

________

CHAPTER 156, AB 6

Assembly Bill No. 6–Committee on Commerce and Labor

 

CHAPTER 156

 

[Approved: May 25, 2015]

 

AN ACT relating to autism spectrum disorders; removing certification of autism behavior interventionists by the Board of Psychological Examiners; requiring an autism behavior interventionist to be registered by a certain national board; revising the cap on the amount of required insurance coverage for certain treatment; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the certification of autism behavior interventionists by the Board of Psychological Examiners. (NRS 641.0204, 641.172) Sections 1-11 and 25 of this bill remove this certification and instead require an autism behavior interventionist to be registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc.

      Existing law requires certain insurers to provide coverage of screening for and diagnosis of autism spectrum disorders and of treatment for autism spectrum disorders for certain persons who are covered by a policy of insurance and requires certain other insurers to provide an option for such coverage. Such required coverage may include behavioral therapy provided by a certified behavior interventionist who is properly supervised. (NRS 287.0276, 689A.0435, 689B.0335, 689C.1655, 695C.1717, 695G.1645) Sections 12, 14, 16, 18, 20 and 22 of this bill replace the requirement that such therapy be provided by an autism behavior interventionist certified by the Board as a condition to required coverage and the required option for coverage with a requirement that such therapy be provided by an autism behavior interventionist registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., as a condition to such requirements. Beginning on January 1, 2017, sections 13, 15, 17, 19, 21, 23 and 26 of this bill increase the $36,000 cap on such coverage to the actuarial equivalent of $72,000.

 


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ê2015 Statutes of Nevada, Page 668 (Chapter 156, AB 6)ê

 

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 641.0204 is hereby amended to read as follows:

      641.0204  “Autism behavior interventionist” means a person who is [certified as an autism behavior interventionist by the Board.] registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of:

      1.  A licensed psychologist;

      2.  A licensed behavior analyst; or

      3.  A licensed assistant behavior analyst.

      Sec. 2. NRS 641.100 is hereby amended to read as follows:

      641.100  The Board may make and promulgate rules and regulations not inconsistent with the provisions of this chapter governing its procedure, the examination [,] and licensure [and certification] of applicants, the granting, refusal, revocation or suspension of licenses , [and certificates,] the practice of psychology and the practice of applied behavior analysis.

      Sec. 3. NRS 641.110 is hereby amended to read as follows:

      641.110  The Board may, under the provisions of this chapter:

      1.  Examine and pass upon the qualifications of the applicants for licensure . [and certification.]

      2.  License [and certify] qualified applicants.

      3.  Revoke or suspend licenses . [and certificates.]

      4.  Collect all fees and make disbursements pursuant to this chapter.

      Sec. 4. NRS 641.175 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license [or certificate] 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 certificate] 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 certificate;] or

      (b) A separate form prescribed by the Board.

      3.  A license [or certificate] may not be issued or renewed by the Board if the applicant:

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

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

 


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      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. 5. NRS 641.220 is hereby amended to read as follows:

      641.220  1.  To renew a license [or certificate] issued pursuant to this chapter, each person must, on or before the first day of January of each odd-numbered year:

      (a) Apply to the Board for renewal;

      (b) Pay the biennial fee for the renewal of a license ; [or certificate;]

      (c) Submit evidence to the Board of completion of the requirements for continuing education; and

      (d) Submit all information required to complete the renewal.

      2.  Upon renewing his or her license, a psychologist shall declare his or her areas of competence, as determined in accordance with NRS 641.112.

      3.  The Board shall, as a prerequisite for the renewal of a license , [or certificate,] require each holder to comply with the requirements for continuing education adopted by the Board.

      Sec. 6. NRS 641.230 is hereby amended to read as follows:

      641.230  The Board may suspend or revoke a person’s license as a psychologist, behavior analyst or assistant behavior analyst , [or certificate as an autism behavior interventionist,] place the person on probation, require remediation for the person or take any other action specified by regulation if the Board finds by substantial evidence that the person has:

      1.  Been convicted of a felony relating to the practice of psychology or the practice of applied behavior analysis.

      2.  Been convicted of any crime or offense that reflects the inability of the person to practice psychology or applied behavior analysis with due regard for the health and safety of others.

      3.  Been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      4.  Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of psychology or the practice of applied behavior analysis.

      5.  Aided or abetted the practice of psychology by a person not licensed by the Board.

      6.  Made any fraudulent or untrue statement to the Board.

      7.  Violated a regulation adopted by the Board.

      8.  Had a license to practice psychology or a license or certificate to practice applied behavior analysis suspended or revoked or has had any other disciplinary action taken against the person by another state or territory of the United States, the District of Columbia or a foreign country, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.

      9.  Failed to report to the Board within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken against, a license or certificate to practice psychology or applied behavior analysis issued to the person by another state or territory of the United States, the District of Columbia or a foreign country.

 


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analysis issued to the person by another state or territory of the United States, the District of Columbia or a foreign country.

      10.  Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter.

      11.  Performed or attempted to perform any professional service while impaired by alcohol, drugs or by a mental or physical illness, disorder or disease.

      12.  Engaged in sexual activity with a patient or client.

      13.  Been convicted of abuse or fraud in connection with any state or federal program which provides medical assistance.

      14.  Been convicted of submitting a false claim for payment to the insurer of a patient or client.

      15.  Operated a medical facility, as defined in NRS 449.0151, at any time during which:

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

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

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

      Sec. 7. NRS 641.232 is hereby amended to read as follows:

      641.232  The Board shall adopt regulations that establish the grounds for disciplinary action for a licensed behavior analyst [,] or licensed assistant behavior analyst . [or certified autism behavior interventionist.]

      Sec. 8. NRS 641.240 is hereby amended to read as follows:

      641.240  1.  If the Board, a panel of its members or a hearing officer appointed by the Board finds a person guilty in a disciplinary proceeding, it may:

      (a) Administer a public reprimand.

      (b) Limit the person’s practice.

      (c) Suspend the person’s license [or certificate] for a period of not more than 1 year.

      (d) Revoke the person’s license . [or certificate.]

      (e) Impose a fine of not more than $5,000.

      (f) Revoke or suspend the person’s license [or certificate] and impose a monetary penalty.

      (g) Suspend the enforcement of any penalty by placing the person on probation. The Board may revoke the probation if the person does not follow any conditions imposed.

      (h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the Board. The person named in the complaint is responsible for any expense incurred.

      (i) Impose and modify any conditions of probation for the protection of the public or the rehabilitation of the probationer.

      (j) Require the person to pay for the costs of remediation or restitution.

      2.  The Board shall not administer a private reprimand.

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

      Sec. 9. NRS 641.242 is hereby amended to read as follows:

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

 


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ê2015 Statutes of Nevada, Page 671 (Chapter 156, AB 6)ê

 

chapter, the Board shall deem the license [or certificate] issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license [or certificate] by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license [or certificate] 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 certificate] issued pursuant to this chapter 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 certificate] was suspended stating that the person whose license [or certificate] was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 10. NRS 641.370 is hereby amended to read as follows:

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

 

For the national examination, in addition to the actual cost to the Board of the examination      $100

For any other examination required pursuant to the provisions of subsection 1 of NRS 641.180, in addition to the actual costs to the Board of the examination.......................................... 100

For the issuance of an initial license [or certificate]............................. 25

For the biennial renewal of a license of a psychologist..................... 500

For the biennial renewal of a license of a licensed behavior analyst 400

For the biennial renewal of a license of a licensed assistant behavior analyst   275

[For the biennial renewal of a certificate of a certified autism behavior interventionist      175]

For the restoration of a license suspended for the nonpayment of the biennial fee for the renewal of a license  100

For the registration of a firm, partnership or corporation which engages in or offers to engage in the practice of psychology      300

For the registration of a nonresident to practice as a consultant..... 100

 

      2.  An applicant who passes the national examination and any other examination required pursuant to the provisions of subsection 1 of NRS 641.180 and who is eligible for a license as a psychologist shall pay the biennial fee for the renewal of a license, which must be prorated for the period from the date the license is issued to the end of the biennium.

      3.  An applicant who passes the examination and is eligible for a license as a behavior analyst or assistant behavior analyst [or a certificate as a autism behavior interventionist] shall pay the biennial fee for the renewal of a license , [or certificate,] which must be prorated for the period from the date the license [or certificate] is issued to the end of the biennium.

 


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ê2015 Statutes of Nevada, Page 672 (Chapter 156, AB 6)ê

 

      4.  In addition to the fees set forth in subsection 1, the Board may charge and collect a fee for the expedited processing of a request or for any other incidental service it provides. The fee must not exceed the cost to provide the service.

      Sec. 11. NRS 641.395 is hereby amended to read as follows:

      641.395  1.  A licensed assistant behavior analyst shall not provide or supervise [behavior] behavioral therapy except under the supervision of:

      (a) A licensed psychologist; or

      (b) A licensed behavior analyst.

      2.  [A certified] An autism behavior interventionist shall not provide [behavior] behavioral therapy except under the supervision of:

      (a) A licensed psychologist;

      (b) A licensed behavior analyst; or

      (c) A licensed assistant behavior analyst.

      Sec. 12. NRS 287.0276 is hereby amended to read as follows:

      287.0276  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 that provides health insurance through a plan of self-insurance must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the plan of self-insurance under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 [.] years.

      2.  Coverage provided under this section is subject to:

      (a) A maximum benefit of $36,000 per year for applied behavior analysis treatment; and

      (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a plan of self-insurance to the same extent as other medical services or prescription drugs covered by the policy.

      3.  A governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance which provides coverage for outpatient care shall not:

      (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan of self-insurance; or

      (b) Refuse to issue a plan of self-insurance or cancel a plan of self-insurance solely because the person applying for or covered by the plan of self-insurance uses or may use in the future any of the services listed in subsection 1.

      4.  Except as otherwise provided in subsections 1 and 2, a governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.

      5.  Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, [behavior] behavioral therapy or therapeutic care that is:

 


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ê2015 Statutes of Nevada, Page 673 (Chapter 156, AB 6)ê

 

      (a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and

      (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

Ê A governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance may request a copy of and review a treatment plan created pursuant to this subsection.

      6.  A plan of self-insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the plan of self-insurance or the renewal which is in conflict with subsections 1 or 2 is void.

      7.  Nothing in this section shall be construed as requiring a governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance to provide reimbursement to an early intervention agency or school for services delivered through early intervention or school services.

      8.  As used in this section:

      (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

      (b) “Autism behavior interventionist” means a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

      (c) “Autism spectrum disorders” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Development Disorder Not Otherwise Specified.

      [(c)](d) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or [certified] autism behavior interventionist.

      [(d) “Certified autism behavior interventionist” means a person who is certified as an autism behavior interventionist by the Board of Psychological Examiners and who provides behavior therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.]

 


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ê2015 Statutes of Nevada, Page 674 (Chapter 156, AB 6)ê

 

      (e) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

      (f) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

      (g) “Licensed assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Board of Psychological Examiners and who provides [behavior] behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

      (h) “Licensed behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and who is licensed as a behavior analyst by the Board of Psychological Examiners.

      (i) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

      (j) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

      (k) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

      (l) “Screening for autism spectrum disorders” means all medically appropriate assessments, evaluations or tests to diagnose whether a person has an autism spectrum disorder.

      (m) “Therapeutic care” means services provided by licensed or certified speech pathologists, occupational therapists and physical therapists.

      (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

      Sec. 13. NRS 287.0276 is hereby amended to read as follows:

      287.0276  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 that provides health insurance through a plan of self-insurance must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the plan of self-insurance under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

      2.  Coverage provided under this section is subject to:

      (a) A maximum benefit of [$36,000] the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and

      (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a plan of self-insurance to the same extent as other medical services or prescription drugs covered by the policy.

 


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ê2015 Statutes of Nevada, Page 675 (Chapter 156, AB 6)ê

 

      3.  A governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance which provides coverage for outpatient care shall not:

      (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan of self-insurance; or

      (b) Refuse to issue a plan of self-insurance or cancel a plan of self-insurance solely because the person applying for or covered by the plan of self-insurance uses or may use in the future any of the services listed in subsection 1.

      4.  Except as otherwise provided in subsections 1 and 2, a governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.

      5.  Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

      (a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and

      (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

Ê A governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance may request a copy of and review a treatment plan created pursuant to this subsection.

      6.  A plan of self-insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the plan of self-insurance or the renewal which is in conflict with subsections 1 or 2 is void.

      7.  Nothing in this section shall be construed as requiring a governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance to provide reimbursement to an early intervention agency or school for services delivered through early intervention or school services.

      8.  As used in this section:

      (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

 


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ê2015 Statutes of Nevada, Page 676 (Chapter 156, AB 6)ê

 

      (b) “Autism behavior interventionist” means a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

      (c) “Autism spectrum disorders” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Development Disorder Not Otherwise Specified.

      (d) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or autism behavior interventionist.

      (e) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

      (f) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

      (g) “Licensed assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Board of Psychological Examiners and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

      (h) “Licensed behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and who is licensed as a behavior analyst by the Board of Psychological Examiners.

      (i) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

      (j) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

      (k) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

      (l) “Screening for autism spectrum disorders” means all medically appropriate assessments, evaluations or tests to diagnose whether a person has an autism spectrum disorder.

      (m) “Therapeutic care” means services provided by licensed or certified speech pathologists, occupational therapists and physical therapists.

      (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

 


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

ê2015 Statutes of Nevada, Page 677 (Chapter 156, AB 6)ê

 

      Sec. 14. NRS 689A.0435 is hereby amended to read as follows:

      689A.0435  1.  A health benefit plan must provide an option of coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders for persons covered by the policy under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 [.] years.

      2.  Optional coverage provided pursuant to this section must be subject to:

      (a) A maximum benefit of not less than $36,000 per year for applied behavior analysis treatment; and

      (b) Copayment, deductible and coinsurance provisions and any other general exclusions or limitations of a policy of health insurance to the same extent as other medical services or prescription drugs covered by the policy.

      3.  A health benefit plan that offers or issues a policy of health insurance which provides coverage for outpatient care shall not:

      (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for optional coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the policy; or

      (b) Refuse to issue a policy of health insurance or cancel a policy of health insurance solely because the person applying for or covered by the policy uses or may use in the future any of the services listed in subsection 1.

      4.  Except as otherwise provided in subsections 1 and 2, an insurer who offers optional coverage pursuant to subsection 1 shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.

      5.  Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, [behavior] behavioral therapy or therapeutic care that is:

      (a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and

      (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

Ê An insurer may request a copy of and review a treatment plan created pursuant to this subsection.

      6.  Nothing in this section shall be construed as requiring an insurer to provide reimbursement to an early intervention agency or school for services delivered through early intervention or school services.

      7.  As used in this section:

      (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

      (b) “Autism behavior interventionist” means a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of:

 


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ê2015 Statutes of Nevada, Page 678 (Chapter 156, AB 6)ê

 

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

      (c) “Autism spectrum disorders” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.

      [(c)](d) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or [certified] autism behavior interventionist.

      [(d) “Certified autism behavior interventionist” means a person who is certified as an autism behavior interventionist by the Board of Psychological Examiners and who provides behavior therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.]

      (e) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

      (f) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

      (g) “Licensed assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Board of Psychological Examiners and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

      (h) “Licensed behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and who is licensed as a behavior analyst by the Board of Psychological Examiners.

      (i) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

      (j) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

      (k) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

      (l) “Screening for autism spectrum disorders” means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.

      (m) “Therapeutic care” means services provided by licensed or certified speech pathologists, occupational therapists and physical therapists.

 


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ê2015 Statutes of Nevada, Page 679 (Chapter 156, AB 6)ê

 

      (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

      Sec. 15. NRS 689A.0435 is hereby amended to read as follows:

      689A.0435  1.  A health benefit plan must provide an option of coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders for persons covered by the policy under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

      2.  Optional coverage provided pursuant to this section must be subject to:

      (a) A maximum benefit of not less than [$36,000] the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and

      (b) Copayment, deductible and coinsurance provisions and any other general exclusions or limitations of a policy of health insurance to the same extent as other medical services or prescription drugs covered by the policy.

      3.  A health benefit plan that offers or issues a policy of health insurance which provides coverage for outpatient care shall not:

      (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for optional coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the policy; or

      (b) Refuse to issue a policy of health insurance or cancel a policy of health insurance solely because the person applying for or covered by the policy uses or may use in the future any of the services listed in subsection 1.

      4.  Except as otherwise provided in subsections 1 and 2, an insurer who offers optional coverage pursuant to subsection 1 shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.

      5.  Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

      (a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and

      (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

Ê An insurer may request a copy of and review a treatment plan created pursuant to this subsection.

      6.  Nothing in this section shall be construed as requiring an insurer to provide reimbursement to an early intervention agency or school for services delivered through early intervention or school services.

      7.  As used in this section:

      (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

 


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

ê2015 Statutes of Nevada, Page 680 (Chapter 156, AB 6)ê

 

      (b) “Autism behavior interventionist” means a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

      (c) “Autism spectrum disorders” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.

      (d) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or autism behavior interventionist.

      (e) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

      (f) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

      (g) “Licensed assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Board of Psychological Examiners and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

      (h) “Licensed behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and who is licensed as a behavior analyst by the Board of Psychological Examiners.

      (i) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

      (j) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

      (k) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

      (l) “Screening for autism spectrum disorders” means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.

      (m) “Therapeutic care” means services provided by licensed or certified speech pathologists, occupational therapists and physical therapists.

      (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

 


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

ê2015 Statutes of Nevada, Page 681 (Chapter 156, AB 6)ê

 

      Sec. 16. NRS 689B.0335 is hereby amended to read as follows:

      689B.0335  1.  A health benefit plan must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the policy of group health insurance under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 [.] years.

      2.  Coverage provided under this section is subject to:

      (a) A maximum benefit of $36,000 per year for applied behavior analysis treatment; and

      (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a policy of group health insurance to the same extent as other medical services or prescription drugs covered by the policy.

      3.  A health benefit plan that offers or issues a policy of group health insurance which provides coverage for outpatient care shall not:

      (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the policy; or

      (b) Refuse to issue a policy of group health insurance or cancel a policy of group health insurance solely because the person applying for or covered by the policy uses or may use in the future any of the services listed in subsection 1.

      4.  Except as otherwise provided in subsections 1 and 2, an insurer shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.

      5.  Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, [behavior] behavioral therapy or therapeutic care that is:

      (a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and

      (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

Ê An insurer may request a copy of and review a treatment plan created pursuant to this subsection.

      6.  A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with subsection 1 or 2 is void.

      7.  Nothing in this section shall be construed as requiring an insurer to provide reimbursement to an early intervention agency or school for services delivered through early intervention or school services.

      8.  As used in this section:

      (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

 


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

ê2015 Statutes of Nevada, Page 682 (Chapter 156, AB 6)ê

 

behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

      (b) “Autism behavior interventionist” means a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

      (c) “Autism spectrum disorders” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.

      [(c)](d) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or [certified] autism behavior interventionist.

      [(d) “Certified autism behavior interventionist” means a person who is certified as an autism behavior interventionist by the Board of Psychological Examiners and who provides behavior therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.]

      (e) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

      (f) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

      (g) “Licensed assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Board of Psychological Examiners and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

      (h) “Licensed behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and who is licensed as a behavior analyst by the Board of Psychological Examiners.

      (i) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

      (j) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

      (k) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

 


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

ê2015 Statutes of Nevada, Page 683 (Chapter 156, AB 6)ê

 

      (l) “Screening for autism spectrum disorders” means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.

      (m) “Therapeutic care” means services provided by licensed or certified speech pathologists, occupational therapists and physical therapists.

      (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

      Sec. 17. NRS 689B.0335 is hereby amended to read as follows:

      689B.0335  1.  A health benefit plan must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the policy of group health insurance under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

      2.  Coverage provided under this section is subject to:

      (a) A maximum benefit of [$36,000] the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and

      (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a policy of group health insurance to the same extent as other medical services or prescription drugs covered by the policy.

      3.  A health benefit plan that offers or issues a policy of group health insurance which provides coverage for outpatient care shall not:

      (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the policy; or

      (b) Refuse to issue a policy of group health insurance or cancel a policy of group health insurance solely because the person applying for or covered by the policy uses or may use in the future any of the services listed in subsection 1.

      4.  Except as otherwise provided in subsections 1 and 2, an insurer shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.

      5.  Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

      (a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and

      (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

Ê An insurer may request a copy of and review a treatment plan created pursuant to this subsection.

      6.  A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with subsection 1 or 2 is void.

 


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

ê2015 Statutes of Nevada, Page 684 (Chapter 156, AB 6)ê

 

      7.  Nothing in this section shall be construed as requiring an insurer to provide reimbursement to an early intervention agency or school for services delivered through early intervention or school services.

      8.  As used in this section:

      (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

      (b) “Autism behavior interventionist” means a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

      (c) “Autism spectrum disorders” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.

      (d) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or autism behavior interventionist.

      (e) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

      (f) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

      (g) “Licensed assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Board of Psychological Examiners and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

      (h) “Licensed behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and who is licensed as a behavior analyst by the Board of Psychological Examiners.

      (i) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

      (j) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

 


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

ê2015 Statutes of Nevada, Page 685 (Chapter 156, AB 6)ê

 

      (k) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

      (l) “Screening for autism spectrum disorders” means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.

      (m) “Therapeutic care” means services provided by licensed or certified speech pathologists, occupational therapists and physical therapists.

      (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

      Sec. 18. NRS 689C.1655 is hereby amended to read as follows:

      689C.1655  1.  A health benefit plan must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health benefit plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 [.] years.

      2.  Coverage provided under this section is subject to:

      (a) A maximum benefit of $36,000 per year for applied behavior analysis treatment; and

      (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a health benefit plan to the same extent as other medical services or prescription drugs covered by the plan.

      3.  A health benefit plan that offers or issues a policy of group health insurance which provides coverage for outpatient care shall not:

      (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan; or

      (b) Refuse to issue a health benefit plan or cancel a health benefit plan solely because the person applying for or covered by the plan uses or may use in the future any of the services listed in subsection 1.

      4.  Except as otherwise provided in subsections 1 and 2, a carrier shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.

      5.  Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, [behavior] behavioral therapy or therapeutic care that is:

      (a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and

      (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

Ê A carrier may request a copy of and review a treatment plan created pursuant to this subsection.

      6.  A health benefit plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the plan or the renewal which is in conflict with subsection 1 or 2 is void.

 


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

ê2015 Statutes of Nevada, Page 686 (Chapter 156, AB 6)ê

 

      7.  Nothing in this section shall be construed as requiring a carrier to provide reimbursement to an early intervention agency or school for services delivered through early intervention or school services.

      8.  As used in this section:

      (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

      (b) “Autism behavior interventionist” means a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

      (c) “Autism spectrum disorders” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.

      [(c)](d) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or [certified] autism behavior interventionist.

      [(d) “Certified autism behavior interventionist” means a person who is certified as an autism behavior interventionist by the Board of Psychological Examiners and who provides behavior therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.]

      (e) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

      (f) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

      (g) “Licensed assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Board of Psychological Examiners and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

      (h) “Licensed behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and who is licensed as a behavior analyst by the Board of Psychological Examiners.

 


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

ê2015 Statutes of Nevada, Page 687 (Chapter 156, AB 6)ê

 

      (i) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

      (j) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

      (k) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

      (l) “Screening for autism spectrum disorders” means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.

      (m) “Therapeutic care” means services provided by licensed or certified speech pathologists, occupational therapists and physical therapists.

      (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

      Sec. 19. NRS 689C.1655 is hereby amended to read as follows:

      689C.1655  1.  A health benefit plan must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health benefit plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

      2.  Coverage provided under this section is subject to:

      (a) A maximum benefit of [$36,000] the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and

      (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a health benefit plan to the same extent as other medical services or prescription drugs covered by the plan.

      3.  A health benefit plan that offers or issues a policy of group health insurance which provides coverage for outpatient care shall not:

      (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan; or

      (b) Refuse to issue a health benefit plan or cancel a health benefit plan solely because the person applying for or covered by the plan uses or may use in the future any of the services listed in subsection 1.

      4.  Except as otherwise provided in subsections 1 and 2, a carrier shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.

      5.  Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

      (a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and

      (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

Ê A carrier may request a copy of and review a treatment plan created pursuant to this subsection.

 


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

ê2015 Statutes of Nevada, Page 688 (Chapter 156, AB 6)ê

 

      6.  A health benefit plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the plan or the renewal which is in conflict with subsection 1 or 2 is void.

      7.  Nothing in this section shall be construed as requiring a carrier to provide reimbursement to an early intervention agency or school for services delivered through early intervention or school services.

      8.  As used in this section:

      (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

      (b) “Autism behavior interventionist” means a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

      (c) “Autism spectrum disorders” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.

      (d) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or autism behavior interventionist.

      (e) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

      (f) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

      (g) “Licensed assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Board of Psychological Examiners and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

      (h) “Licensed behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and who is licensed as a behavior analyst by the Board of Psychological Examiners.

 


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

ê2015 Statutes of Nevada, Page 689 (Chapter 156, AB 6)ê

 

      (i) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

      (j) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

      (k) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

      (l) “Screening for autism spectrum disorders” means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.

      (m) “Therapeutic care” means services provided by licensed or certified speech pathologists, occupational therapists and physical therapists.

      (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

      Sec. 20. NRS 695C.1717 is hereby amended to read as follows:

      695C.1717  1.  A health care plan issued by a health maintenance organization must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health care plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 [.] years.

      2.  Coverage provided under this section is subject to:

      (a) A maximum benefit of $36,000 per year for applied behavior analysis treatment; and

      (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a health care plan to the same extent as other medical services or prescription drugs covered by the plan.

      3.  A health care plan issued by a health maintenance organization that provides coverage for outpatient care shall not:

      (a) Require an enrollee to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan; or

      (b) Refuse to issue a health care plan or cancel a health care plan solely because the person applying for or covered by the plan uses or may use in the future any of the services listed in subsection 1.

      4.  Except as otherwise provided in subsections 1 and 2, a health maintenance organization shall not limit the number of visits an enrollee may make to any person, entity or group for treatment of autism spectrum disorders.

      5.  Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, [behavior] behavioral therapy or therapeutic care that is:

      (a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and

      (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

 


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

ê2015 Statutes of Nevada, Page 690 (Chapter 156, AB 6)ê

 

Ê A health maintenance organization may request a copy of and review a treatment plan created pursuant to this subsection.

      6.  Evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the evidence of coverage or the renewal which is in conflict with subsection 1 or 2 is void.

      7.  Nothing in this section shall be construed as requiring a health maintenance organization to provide reimbursement to an early intervention agency or school for services delivered through early intervention or school services.

      8.  As used in this section:

      (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

      (b) “Autism behavior interventionist” means a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

      (c) “Autism spectrum disorders” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.

      [(c)](d) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or [certified] autism behavior interventionist.

      [(d) “Certified autism behavior interventionist” means a person who is certified as an autism behavior interventionist by the Board of Psychological Examiners and who provides behavior therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.]

      (e) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

      (f) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

      (g) “Licensed assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Board of Psychological Examiners and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

 


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

ê2015 Statutes of Nevada, Page 691 (Chapter 156, AB 6)ê

 

as an assistant behavior analyst by the Board of Psychological Examiners and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

      (h) “Licensed behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and who is licensed as a behavior analyst by the Board of Psychological Examiners.

      (i) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

      (j) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

      (k) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

      (l) “Screening for autism spectrum disorders” means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.

      (m) “Therapeutic care” means services provided by licensed or certified speech pathologists, occupational therapists and physical therapists.

      (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

      Sec. 21. NRS 695C.1717 is hereby amended to read as follows:

      695C.1717  1.  A health care plan issued by a health maintenance organization must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health care plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

      2.  Coverage provided under this section is subject to:

      (a) A maximum benefit of [$36,000] the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and

      (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a health care plan to the same extent as other medical services or prescription drugs covered by the plan.

      3.  A health care plan issued by a health maintenance organization that provides coverage for outpatient care shall not:

      (a) Require an enrollee to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan; or

      (b) Refuse to issue a health care plan or cancel a health care plan solely because the person applying for or covered by the plan uses or may use in the future any of the services listed in subsection 1.

      4.  Except as otherwise provided in subsections 1 and 2, a health maintenance organization shall not limit the number of visits an enrollee may make to any person, entity or group for treatment of autism spectrum disorders.

      5.  Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

 


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

ê2015 Statutes of Nevada, Page 692 (Chapter 156, AB 6)ê

 

rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

      (a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and

      (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

Ê A health maintenance organization may request a copy of and review a treatment plan created pursuant to this subsection.

      6.  Evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the evidence of coverage or the renewal which is in conflict with subsection 1 or 2 is void.

      7.  Nothing in this section shall be construed as requiring a health maintenance organization to provide reimbursement to an early intervention agency or school for services delivered through early intervention or school services.

      8.  As used in this section:

      (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

      (b) “Autism behavior interventionist” means a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

      (c) “Autism spectrum disorders” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.

      (d) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or autism behavior interventionist.

      (e) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

      (f) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

      (g) “Licensed assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst issued by the Behavior Analyst Certification

 


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ê2015 Statutes of Nevada, Page 693 (Chapter 156, AB 6)ê

 

Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Board of Psychological Examiners and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

      (h) “Licensed behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and who is licensed as a behavior analyst by the Board of Psychological Examiners.

      (i) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

      (j) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

      (k) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

      (l) “Screening for autism spectrum disorders” means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.

      (m) “Therapeutic care” means services provided by licensed or certified speech pathologists, occupational therapists and physical therapists.

      (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

      Sec. 22. NRS 695G.1645 is hereby amended to read as follows:

      695G.1645  1.  A health care plan issued by a managed care organization for group coverage must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health care plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 [.] years.

      2.  A health care plan issued by a managed care organization for individual coverage must provide an option for coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health care plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 [.] years.

      3.  Coverage provided under this section is subject to:

      (a) A maximum benefit of $36,000 per year for applied behavior analysis treatment; and

      (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a health care plan to the same extent as other medical services or prescription drugs covered by the plan.

      4.  A managed care organization that offers or issues a health care plan which provides coverage for outpatient care shall not:

      (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan; or

 


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ê2015 Statutes of Nevada, Page 694 (Chapter 156, AB 6)ê

 

      (b) Refuse to issue a health care plan or cancel a health care plan solely because the person applying for or covered by the plan uses or may use in the future any of the services listed in subsection 1.

      5.  Except as otherwise provided in subsections 1, 2 and 3, a managed care organization shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.

      6.  Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, [behavior] behavioral therapy or therapeutic care that is:

      (a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and

      (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

Ê A managed care organization may request a copy of and review a treatment plan created pursuant to this subsection.

      7.  An evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the evidence of coverage or the renewal which is in conflict with subsection 1 or 3 is void.

      8.  Nothing in this section shall be construed as requiring a managed care organization to provide reimbursement to an early intervention agency or school for services delivered through early intervention or school services.

      9.  As used in this section:

      (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

      (b) “Autism behavior interventionist” means a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

      (c) “Autism spectrum disorders” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.

      [(c)](d) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or [certified] autism behavior interventionist.

      [(d) “Certified autism behavior interventionist” means a person who is certified as an autism behavior interventionist by the Board of Psychological Examiners and who provides behavior therapy under the supervision of:

 


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ê2015 Statutes of Nevada, Page 695 (Chapter 156, AB 6)ê

 

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.]

      (e) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

      (f) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

      (g) “Licensed assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Board of Psychological Examiners and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

      (h) “Licensed behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and who is licensed as a behavior analyst by the Board of Psychological Examiners.

      (i) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

      (j) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

      (k) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

      (l) “Screening for autism spectrum disorders” means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.

      (m) “Therapeutic care” means services provided by licensed or certified speech pathologists, occupational therapists and physical therapists.

      (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

      Sec. 23. NRS 695G.1645 is hereby amended to read as follows:

      695G.1645  1.  A health care plan issued by a managed care organization for group coverage must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health care plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

      2.  A health care plan issued by a managed care organization for individual coverage must provide an option for coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health care plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

 


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ê2015 Statutes of Nevada, Page 696 (Chapter 156, AB 6)ê

 

      3.  Coverage provided under this section is subject to:

      (a) A maximum benefit of [$36,000] the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and

      (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a health care plan to the same extent as other medical services or prescription drugs covered by the plan.

      4.  A managed care organization that offers or issues a health care plan which provides coverage for outpatient care shall not:

      (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan; or

      (b) Refuse to issue a health care plan or cancel a health care plan solely because the person applying for or covered by the plan uses or may use in the future any of the services listed in subsection 1.

      5.  Except as otherwise provided in subsections 1, 2 and 3, a managed care organization shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.

      6.  Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

      (a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and

      (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

Ê A managed care organization may request a copy of and review a treatment plan created pursuant to this subsection.

      7.  An evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the evidence of coverage or the renewal which is in conflict with subsection 1 or 3 is void.

      8.  Nothing in this section shall be construed as requiring a managed care organization to provide reimbursement to an early intervention agency or school for services delivered through early intervention or school services.

      9.  As used in this section:

      (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

      (b) “Autism behavior interventionist” means a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

 


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ê2015 Statutes of Nevada, Page 697 (Chapter 156, AB 6)ê

 

      (c) “Autism spectrum disorders” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.

      (d) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or autism behavior interventionist.

      (e) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

      (f) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

      (g) “Licensed assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Board of Psychological Examiners and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

      (h) “Licensed behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and who is licensed as a behavior analyst by the Board of Psychological Examiners.

      (i) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

      (j) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

      (k) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

      (l) “Screening for autism spectrum disorders” means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.

      (m) “Therapeutic care” means services provided by licensed or certified speech pathologists, occupational therapists and physical therapists.

      (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

      Sec. 24.  1.  Any regulations adopted by the Board of Psychological Examiners before the effective date of this section pursuant to NRS 641.100 or 641.232 are unenforceable with respect to an autism behavior interventionist as of that date.

      2.  The Legislative Counsel shall, as soon as practicable after January 1, 2016:

 


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ê2015 Statutes of Nevada, Page 698 (Chapter 156, AB 6)ê

 

      (a) Remove all of the regulations described in subsection 1 that solely apply to autism behavior interventionists; and

      (b) Remove references to an autism behavior interventionist from all other regulations described in subsection 1.

      3.  An autism behavior interventionist who is certified by the Board of Psychological Examiners before the effective date of this section shall be deemed to be registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., until January 1, 2016.

      Sec. 25. NRS 641.172 is hereby repealed.

      Sec. 26.  1.  This section and sections 1 to 12, inclusive, 14, 16, 18, 20, 22, 24 and 25 of this act become effective upon passage and approval.

      2.  Sections 13, 15, 17, 19, 21 and 23 of this act become effective on January 1, 2017.

________

CHAPTER 157, AB 15

Assembly Bill No. 15–Committee on Government Affairs

 

CHAPTER 157

 

[Approved: May 25, 2015]

 

AN ACT relating to state lands; creating the Account for the Protection and Rehabilitation of the Stewart Indian School for the purpose of repairing and maintaining the historic state buildings and grounds of the Stewart Indian School; requiring the Director of the State Department of Conservation and Natural Resources to consult with an advisory committee that provides a prioritized list of projects to be funded from money in the Account; authorizing the Administrator of the Division of State Lands of the Department to make a direct sale of certain parcels of land located within Carson City for the purpose of funding the Account; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill creates the Account for the Protection and Rehabilitation of the Stewart Indian School in the State General Fund. Section 1 further authorizes the Director of the State Department of Conservation and Natural Resources to expend money in the Account only for the purposes of repairing and maintaining the historic state buildings and grounds of the Stewart Indian School. Section 5 of this bill authorizes the Administrator of the Division of State Lands of the Department to make a direct sale of two parcels of state land located within Carson City for the purpose of funding the Account.

 


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ê2015 Statutes of Nevada, Page 699 (Chapter 157, AB 15)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 232 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Account for the Protection and Rehabilitation of the Stewart Indian School is hereby created in the State General Fund. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. The money in the Account does not revert to the State General Fund at the end of any fiscal year, and the balance in the Account must be carried forward to the next fiscal year.

      2.  In addition to any money deposited into the Account from the sale of real property pursuant to section 5 of this act, the Director may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or private source for the purpose of funding the Account.

      3.  The Director may expend the money in the Account only for the purposes of repairing and maintaining the historic state buildings and grounds of the Stewart Indian School.

      4.  The Director shall, before expending any money pursuant to subsection 3, consult with an advisory committee that provides a prioritized list of projects that may be funded from the Account. The advisory committee consists of:

      (a) The Administrator of the Division of State Lands of the Department;

      (b) The Administrator of the Office of Historic Preservation of the Department;

      (c) The Administrator of the State Public Works Division of the Department of Administration; and

      (d) The Executive Director of the Nevada Indian Commission.

      Sec. 2. NRS 232.010 is hereby amended to read as follows:

      232.010  As used in NRS 232.010 to 232.162, inclusive [:] , and section 1 of this act:

      1.  “Department” means the State Department of Conservation and Natural Resources.

      2.  “Director” means the Director of the [State] Department . [of Conservation and Natural Resources.]

      Sec. 3. NRS 232.020 is hereby amended to read as follows:

      232.020  There is hereby created the State Department of Conservation and Natural Resources, in which is vested the administration of the provisions of NRS 232.010 to 232.162, inclusive [.] , and section 1 of this act.

      Sec. 4. NRS 232.140 is hereby amended to read as follows:

      232.140  1.  Except as otherwise provided in NRS 232.161 [,] and section 1 of this act, money to carry out the provisions of NRS 232.010 to 232.162, inclusive, and section 1 of this act, and to support the Department and its various divisions and other units must be provided by direct legislative appropriation from the State General Fund.

 


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ê2015 Statutes of Nevada, Page 700 (Chapter 157, AB 15)ê

 

      2.  All money so appropriated must be paid out on claims approved by the Director in the same manner as other claims against the State are paid.

      Sec. 5.  1.  The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources may make a direct sale of two parcels of land of approximately 100 acres located within Carson City, and generally described as follows:

      (a) The northeast quarter (NE 1/4) of the southeast quarter (SE 1/4) of Section 33, Township 15 N., Range 19 E., M.D.B. & M.

      (b) The southeast quarter (SE 1/4) of the southeast quarter (SE 1/4) of Section 33 and the southwest quarter (SW 1/4) of the southwest quarter (SW 1/4) of Section 34, Township 15 N., Range 19 E., M.D.B. & M.

      2.  Money received from the sale, less any costs related to the sale, must be deposited in the Account for the Protection and Rehabilitation of the Stewart Indian School created by section 1 of this act.

      Sec. 6.  This act becomes effective upon passage and approval.

________

CHAPTER 158, AB 17

Assembly Bill No. 17–Committee on Taxation

 

CHAPTER 158

 

[Approved: May 25, 2015]

 

AN ACT relating to economic development; providing for the establishment by the Executive Director of the Office of Economic Development of a nonprofit entity for certain economic development purposes; revising provisions governing the confidentiality of certain records and documents; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 3.5 of this bill authorizes the Executive Director of the Office of Economic Development to cause the formation of a nonprofit entity for certain economic development purposes upon approval by the Board of Economic Development. Section 3.5 specifies the manner in which the board of directors of the nonprofit entity must be appointed, and requires the board to submit an annual report to the Legislative Counsel Bureau. Section 3.5 further provides that certain records and documents in the possession of the nonprofit corporation must be kept confidential to the same extent that records and documents in the possession of the Office must be kept confidential. Finally, section 3.5 requires the Office to adopt regulations prescribing: (1) the means by which the Office will verify and ensure that the nonprofit corporation will further the public interest in economic development; and (2) the procedures by which the Office will ensure that records and documents used by the nonprofit corporation will be kept confidential when those records and documents are required to be kept confidential under existing law.

      Existing law requires the Office to keep confidential certain records and documents. (NRS 231.069) Section 4 of this bill establishes a procedure by which a client of the Office may request that the Office keep confidential certain records and documents of the client and requires the Office to keep confidential those records and documents if the Office finds that the records and documents contain proprietary or confidential information.

 


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ê2015 Statutes of Nevada, Page 701 (Chapter 158, AB 17)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:

 

      Sections 1-3. (Deleted by amendment.)

      Sec. 3.5. Chapter 231 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  After considering any pertinent advice and recommendations of the Board, the Executive Director may:

      (a) Propose to the Board the formation of a nonprofit corporation that is exempt from federal income taxation, the purpose of which is to promote, aid and encourage economic development in this State or a locality or region of this State; and

      (b) Upon approval of a proposal by the Board, cause such a corporation to be formed.

      2.  The Board shall:

      (a) Review each proposal by the Executive Director pursuant to subsection 1; and

      (b) As the Board determines to be in the best interests of this State, approve, disapprove or modify the proposal made by the Executive Director.

      3.  A nonprofit corporation formed pursuant to this section must have a board of directors consisting of:

      (a) The Executive Director.

      (b) Four members from the private sector who have at least 10 years of experience in the field of investment, finance, accounting, technology, commercialization or banking, appointed by the Executive Director, with the approval of the Board.

      (c) One member appointed by the Speaker of the Assembly.

      (d) One member appointed by the Senate Majority Leader.

      4.  The Executive Director shall serve as chair of the board of directors of the nonprofit corporation formed pursuant to this section.

      5.  Except as otherwise provided in this subsection, each member appointed to the board of directors of the nonprofit corporation formed pursuant to this section serves a term of 4 years. Two of the initial members of the board of directors who are appointed pursuant to paragraph (b) of subsection 3 must be appointed to an initial term of 2 years.

      6.  Each member of the board of directors of the nonprofit corporation formed pursuant to this section continues in office until a successor is appointed. Members of the board of directors may be reappointed for additional terms of 4 years in the same manner as the original appointments.

      7.  Vacancies in the appointed positions on the board of directors of the nonprofit corporation formed pursuant to this section must be filled by the appointing authority for the unexpired term.

      8.  The members of the board of directors of the corporation formed pursuant to this section must serve without compensation but are entitled to be reimbursed for actual and necessary expenses incurred in the performance of their duties, including, without limitation, travel expenses.

 


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ê2015 Statutes of Nevada, Page 702 (Chapter 158, AB 17)ê

 

      9.  A member of the board of directors of the corporation formed pursuant to this section must not have an equity interest in any:

      (a) External asset manager or venture capital or private equity investment firm contracting with the nonprofit corporation; or

      (b) Business which receives private equity funding from the nonprofit corporation.

      10.  The nonprofit corporation shall keep confidential any record or other document of a client which is in its possession to the same extent that the record or other document would be required to be kept confidential pursuant to NRS 231.069.

      11.  The board of directors of the nonprofit corporation formed pursuant to this section shall, on or before December 1 of each year, provide an annual report to the Governor and the Director of the Legislative Counsel Bureau for transmission to the next session of the Legislature, if the report is submitted in an even-numbered year or to the Legislative Commission, if the report is submitted in an odd-numbered year. The report must include, without limitation:

      (a) An accounting of all money received and expended by the nonprofit corporation, including, without limitation, any matching grant funds, gifts or donations; and

      (b) The name and a brief description of all businesses receiving an investment of money from the nonprofit corporation formed pursuant to this section.

      12.  Under the direction of the Executive Director, the Office shall adopt regulations prescribing:

      (a) The means by which the Office will verify that a nonprofit corporation formed pursuant to this section furthers the public interest in economic development and ensure that the nonprofit corporation carries out such a purpose; and

      (b) The procedures the Office will follow to ensure that the records and documents that are confidential pursuant to NRS 231.069 will be kept confidential when the records or other documents are used by a nonprofit corporation created pursuant to this section.

      Sec. 4. NRS 231.069 is hereby amended to read as follows:

      231.069  1.  Except as otherwise provided in subsection 3 and NRS 239.0115 [, if so requested by a client,] and 360.950, the Office shall keep confidential any record or other document of a client which is in its possession [concerning the initial contact with and research and planning for that client. If such a request is made,] if the client:

      (a) Submits a request in writing that the record or other document be kept confidential by the Office; and

      (b) Demonstrates to the satisfaction of the Office that the record or other document contains proprietary or confidential information.

      2.  If the Office determines that a record or other document of a client contains proprietary or confidential information, the Executive Director shall attach to the file containing the record or document [a] :

      (a) A certificate signed by him or her stating that a request for confidentiality was made by the client and the date of the request [.

      2.];

      (b) A copy of the written request submitted by the client;

      (c) The documentation to support the request which was submitted by the client; and

 


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ê2015 Statutes of Nevada, Page 703 (Chapter 158, AB 17)ê

 

      (d) A copy of the decision of the Office determining that the record or other document contains proprietary or confidential information.

      3. The Office may share the records and other documents that are confidential pursuant to this section with the nonprofit corporation formed by the Executive Director pursuant to section 3.5 of this act, as deemed necessary by the Office to accomplish the purposes for which the nonprofit corporation was formed.

      4.  Records and documents that are confidential pursuant to [subsection 1] this section: [remain confidential until the client:

      (a) Initiates any process regarding the location of his or her business in Nevada which is within the jurisdiction of a state agency other than the Office; or

      (b) Decides to locate his or her business in Nevada.]

      (a) Are proprietary or confidential information of the business;

      (b) Are not a public record; and

      (c) Must not be disclosed to any person who is not an officer or employee of the Office unless the business consents to the disclosure.

      5.  As used in this section, “proprietary or confidential information” has the meaning ascribed to it in NRS 360.247.

      Sec. 5. NRS 231.069 is hereby amended to read as follows:

      231.069  1.  Except as otherwise provided in subsection 3 and NRS 239.0115 , [and NRS 360.950,] the Office shall keep confidential any record or other document of a client which is in its possession if the client:

      (a) Submits a request in writing that the record or other document be kept confidential by the Office; and

      (b) Demonstrates to the satisfaction of the Office that the record or other document contains proprietary or confidential information.

      2.  If the Office determines that a record or other document of a client contains proprietary or confidential information, the Executive Director shall attach to the file containing the record or document:

      (a) A certificate signed by him or her stating that a request for confidentiality was made by the client and the date of the request;

      (b) A copy of the written request submitted by the client;

      (c) The documentation to support the request which was submitted by the client; and

      (d) A copy of the decision of the Office determining that the record or other document contains proprietary or confidential information.

      3.  The Office may share the records and other documents that are confidential pursuant to this section with the nonprofit corporation formed by the Executive Director pursuant to section 3.5 of this act, as deemed necessary by the Office to accomplish the purposes for which the nonprofit corporation was formed.

      4.  Records and documents that are confidential pursuant to this section:

      (a) Are proprietary or confidential information of the business;

      (b) Are not a public record; and

      (c) Must not be disclosed to any person who is not an officer or employee of the Office unless the business consents to the disclosure.

      5.  As used in this section, “proprietary or confidential information” has the meaning ascribed to it in NRS 360.247.

      Sec. 5.5.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

 


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ê2015 Statutes of Nevada, Page 704 (Chapter 158, AB 17)ê

 

      Sec. 6.  1.  This section, sections 1 to 4, inclusive, and section 5.5 of this act become effective:

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

      (b) On July 1, 2015, for all other purposes.

      2.  Section 5 of this act becomes effective on July 1, 2036.

________

CHAPTER 159, AB 47

Assembly Bill No. 47–Committee on Judiciary

 

CHAPTER 159

 

[Approved: May 25, 2015]

 

AN ACT relating to criminal records; providing for the establishment within the Central Repository for Nevada Records of Criminal History of a service to conduct a name-based search of records of criminal history of an employee, prospective employee, volunteer or prospective volunteer; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing state law, an agency of criminal justice or the Central Repository for Nevada Records of Criminal History is required to disseminate to a current or prospective employer, upon request, certain information about the criminal history of a current or prospective employee or volunteer. (NRS 179A.100) This bill provides for the establishment within the Central Repository of a service to conduct a name-based search of records of criminal history of an employee, prospective employee, volunteer or prospective volunteer. This bill sets forth certain requirements relating to the operation of that service, including, without limitation, provisions regarding: (1) eligibility to participate in the service; (2) fees for participation in the service; (3) the type of information that the Central Repository may release; (4) the requirements for obtaining the consent of the subject of a search for records of criminal history; (5) the authority of the Central Repository to conduct audits concerning the service; and (6) the ability of the Central Repository to terminate participation in the service under certain circumstances.

 

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 1-3. (Deleted by amendment.)

      Sec. 4. Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  There is hereby established within the Central Repository a service to conduct a name-based search of records of criminal history of an employee, prospective employee, volunteer or prospective volunteer.

      2.  An eligible person that wishes to participate in the service must enter into a contract with the Central Repository.

      3.  The Central Repository may charge a reasonable fee for participation in the service.

 


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      4.  A participant of the service may inquire about the records of criminal history of an employee, prospective employee, volunteer or prospective volunteer to determine the suitability of the employee or prospective employee for employment or the suitability of the volunteer or prospective volunteer for volunteering.

      5.  The Central Repository shall disseminate to a participant of the service information which:

      (a) Reflects convictions only; or

      (b) Pertains to an incident for which an employee, prospective employee, volunteer or prospective volunteer is currently within the system of criminal justice, including parole or probation.

      6.  An employee, prospective employee, volunteer or prospective volunteer who is proposed to be the subject of a name-based search must provide his or her written consent for the Central Repository to perform the search and to release the information to a participant. The written consent form may be:

      (a) A form designated by the Central Repository; or

      (b) If the participant is an employment screening service, a form that complies with the provisions of 15 U.S.C. § 1681b(b)2 for the procurement of a consumer report.

      7.  An employment screening service that is designated to receive records of criminal history on behalf of an employer or volunteer organization may provide such records of criminal history to the employer or volunteer organization upon request of the employer or volunteer organization.

      8.  The Central Repository may audit a participant, at such times as the Central Repository deems necessary, to ensure that records of criminal history are securely maintained.

      9.  The Central Repository may terminate participation in the service if a participant fails:

      (a) To pay the fees required to participate in the service; or

      (b) To address, within a reasonable period, deficiencies identified in an audit conducted pursuant to subsection 8.

      10.  As used in this section:

      (a) “Consumer report” has the meaning ascribed to it in 15 U.S.C. § 1681a(d).

      (b) “Eligible person” includes:

             (1) An employer.

             (2) A volunteer organization.

             (3) An employment screening service.

      (c) “Employer” means a person in this State that:

             (1) Employs an employee; or

             (2) Enters into a contract with an independent contractor.

      (d) “Employment” includes performing services for an employer as an independent contractor.

      (e) “Employment screening service” means a person or entity designated by an employer or volunteer organization to provide employment or volunteer screening services to the employer or volunteer organization.

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

________

 


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ê2015 Statutes of Nevada, Page 706ê

 

CHAPTER 160, AB 53

Assembly Bill No. 53–Committee on Government Affairs

 

CHAPTER 160

 

[Approved: May 25, 2015]

 

AN ACT relating to administrative procedure; revising provisions governing the standard of proof in administrative hearings; making various other changes to the Nevada Administrative Procedure Act; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Nevada Administrative Procedure Act sets forth the minimum procedural requirements for the adjudication procedure of agencies of the Executive Department of the State Government that are subject to the Act. (NRS 233B.020)

      Section 5 of this bill provides that the voluntary surrender of a license in a contested case will constitute disciplinary action against the licensee. Section 5 also requires a party who requests the transcription of oral proceedings to pay for the costs of the transcription.

      Under the Act, applications for the grant, denial or renewal of a license are a contested case for purposes of the application of the procedural requirements of the Act only if notice and opportunity for hearing are required to be provided to the applicant before the grant, denial or renewal of the license. (NRS 233B.127) Section 8 of this bill clarifies that, to be a contested case, the provision of notice and opportunity for hearing must be required by statute or regulation.

      Section 9 of this bill specifies the manner in which a petition for judicial review is required to be served. Section 10 of this bill extends from 30 days to 45 days the period after the service of a petition for judicial review in which certain records are required to be transmitted to the reviewing court and also imposes a duty on the party who filed the petition to transmit to the reviewing court an original or certified copy of the transcript of the evidence. Section 13 of this bill makes it discretionary instead of mandatory for a regulatory body that initiates disciplinary proceedings against a licensee to require the licensee to submit his or her fingerprints.

      The Nevada Supreme Court recently clarified that the standard of proof that is required to be used by administrative agencies in administrative hearings is a preponderance of the evidence. (Nassiri v. Chiropractic Physicians’ Board of Nevada, 130 Nev. Adv. Op. No. 27, 327 P.3d 487 (2014)) Sections 2, 5, 7 and 14-27 of this bill revise the standard of proof for administrative hearings in existing law to conform to the preponderance-of-the-evidence standard in the Nassiri opinion. Section 11 of this bill codifies into statute the definition of “substantial evidence” in case law for purposes of the standard for judicial review. (See, e.g., State Empl’t Sec. Dept. v. Hilton Hotels Corp., 102 Nev. 606 (1986))

 

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 233B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. “Preponderance of the evidence” means evidence that enables a trier of fact to determine that the existence of the contested fact is more probable than the nonexistence of the contested fact.

      Sec. 3. (Deleted by amendment.)

 


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      Sec. 4. NRS 233B.030 is hereby amended to read as follows:

      233B.030  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 233B.031 to 233B.0385, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.

      Sec. 5. NRS 233B.121 is hereby amended to read as follows:

      233B.121  1.  In a contested case, all parties must be afforded an opportunity for hearing after reasonable notice.

      2.  The notice must include:

      (a) A statement of the time, place and nature of the hearing.

      (b) A statement of the legal authority and jurisdiction under which the hearing is to be held.

      (c) A reference to the particular sections of the statutes and regulations involved.

      (d) A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement must be furnished.

      3.  Any party is entitled to be represented by counsel.

      4.  Opportunity must be afforded all parties to respond and present evidence and argument on all issues involved. An agency may by regulation authorize the payment of fees and reimbursement for mileage to witnesses in the same amounts and under the same conditions as for witnesses in the courts of this state.

      5.  Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default. If an informal disposition is made, the parties may waive the requirement for findings of fact and conclusions of law.

      6.  The voluntary surrender of a license in a contested case shall be deemed to constitute disciplinary action against the licensee.

      7.  The record in a contested case must include:

      (a) All pleadings, motions and intermediate rulings.

      (b) Evidence received or considered.

      (c) A statement of matters officially noticed.

      (d) Questions and offers of proof and objections, and rulings thereon.

      (e) Proposed findings and exceptions.

      (f) Any decision, opinion or report by the hearing officer presiding at the hearing.

      [7.]8.  Oral proceedings, or any part thereof, must be transcribed on request of any party. The party making the request shall pay all the costs for the transcription.

      [8.]9.  Findings of fact must be based exclusively on [substantial] a preponderance of the evidence and on matters officially noticed.

      Sec. 6. NRS 233B.123 is hereby amended to read as follows:

      233B.123  In contested cases:

      1.  Irrelevant, immaterial or unduly repetitious evidence must be excluded. Evidence may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonable and prudent persons in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and must be noted in the record. Subject to the requirements of this subsection, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.

 


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ê2015 Statutes of Nevada, Page 708 (Chapter 160, AB 53)ê

 

hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.

      2.  Documentary evidence may be received in the form of authenticated copies or excerpts . [, if the original is not readily available.] Upon request, parties must be given an opportunity to compare the copy with the original.

      3.  Every witness shall declare, by oath or affirmation, that he or she will testify truthfully.

      4.  Each party may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues even though the matter was not covered in the direct examination, impeach any witness, regardless of which party first called the witness to testify, and rebut the evidence against him or her.

      5.  Notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the specialized knowledge of the agency. Parties must be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they must be afforded an opportunity to contest the material so noticed. The experience, technical competence and specialized knowledge of the agency may be utilized in the evaluation of the evidence.

      Sec. 7. NRS 233B.125 is hereby amended to read as follows:

      233B.125  A decision or order adverse to a party in a contested case must be in writing or stated in the record. Except as provided in subsection 5 of NRS 233B.121, a final decision must include findings of fact and conclusions of law, separately stated. Findings of fact and decisions must be based upon [substantial] a preponderance of the evidence. Findings of fact, if set forth in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency regulations, a party submitted proposed findings of fact [,] before the commencement of the hearing, the decision must include a ruling upon each proposed finding. Parties must be notified either personally or by certified mail of any decision or order. Upon request a copy of the decision or order must be delivered or mailed forthwith to each party and to the party’s attorney of record.

      Sec. 8. NRS 233B.127 is hereby amended to read as follows:

      233B.127  1.  [When] The provisions of NRS 233B.121 to 233B.150, inclusive, and section 3 of this act do not apply to the grant, denial or renewal of a license [is required to be preceded by] unless notice and opportunity for hearing [, the provisions of this chapter concerning contested cases apply.] are required by law to be provided to the applicant before the grant, denial or renewal of the license.

      2.  When a licensee has made timely and sufficient application for the renewal of a license or for a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.

      3.  No revocation, suspension, annulment or withdrawal of any license is lawful unless, before the institution of agency proceedings, the agency gave notice by certified mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license.

 


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ê2015 Statutes of Nevada, Page 709 (Chapter 160, AB 53)ê

 

warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety or welfare imperatively require emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. An agency’s order of summary suspension may be issued by the agency or by the Chair of the governing body of the agency. If the order of summary suspension is issued by the Chair of the governing body of the agency, the Chair shall not participate in any further proceedings of the agency relating to that order. Proceedings relating to the order of summary suspension must be instituted and determined within 45 days after the date of the order unless the agency and the licensee mutually agree in writing to a longer period.

      Sec. 9. NRS 233B.130 is hereby amended to read as follows:

      233B.130  1.  Any party who is:

      (a) Identified as a party of record by an agency in an administrative proceeding; and

      (b) Aggrieved by a final decision in a contested case,

Ê is entitled to judicial review of the decision. Where appeal is provided within an agency, only the decision at the highest level is reviewable unless a decision made at a lower level in the agency is made final by statute. Any preliminary, procedural or intermediate act or ruling by an agency in a contested case is reviewable if review of the final decision of the agency would not provide an adequate remedy.

      2.  Petitions for judicial review must:

      (a) Name as respondents the agency and all parties of record to the administrative proceeding;

      (b) Be instituted by filing a petition in the district court in and for Carson City, in and for the county in which the aggrieved party resides or in and for the county where the agency proceeding occurred; [and]

      (c) Be served upon:

             (1) The Attorney General, or a person designated by the Attorney General, at the Office of the Attorney General in Carson City; and

             (2) The person serving in the office of administrative head of the named agency; and

      (d) Be filed within 30 days after service of the final decision of the agency.

Ê Cross-petitions for judicial review must be filed within 10 days after service of a petition for judicial review.

      3.  The agency and any party desiring to participate in the judicial review must file a statement of intent to participate in the petition for judicial review and serve the statement upon the agency and every party within 20 days after service of the petition.

      4.  A petition for rehearing or reconsideration must be filed within 15 days after the date of service of the final decision. An order granting or denying the petition must be served on all parties at least 5 days before the expiration of the time for filing the petition for judicial review. If the petition is granted, the subsequent order shall be deemed the final order for the purpose of judicial review.

      5.  The petition for judicial review and any cross-petitions for judicial review must be served upon the agency and every party within 45 days after the filing of the petition, unless, upon a showing of good cause, the district court extends the time for such service.

 


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court extends the time for such service. If the proceeding involves a petition for judicial review or cross-petition for judicial review of a final decision of the State Contractors’ Board, the district court may, on its own motion or the motion of a party, dismiss from the proceeding any agency or person who:

      (a) Is named as a party in the petition for judicial review or cross-petition for judicial review; and

      (b) Was not a party to the administrative proceeding for which the petition for judicial review or cross-petition for judicial review was filed.

      6.  The provisions of this chapter are the exclusive means of judicial review of, or judicial action concerning, a final decision in a contested case involving an agency to which this chapter applies.

      Sec. 10. NRS 233B.131 is hereby amended to read as follows:

      233B.131  1.  Within [30] 45 days after the service of the petition for judicial review or such time as is allowed by the court [, the] :

      (a) The party who filed the petition for judicial review shall transmit to the reviewing court an original or certified copy of the transcript of the evidence resulting in the final decision of the agency.

      (b) The agency that rendered the decision which is the subject of the petition shall transmit to the reviewing court the original or a certified copy of the [entire] remainder of the record of the proceeding under review . [, including a transcript of the evidence resulting in the final decision of the agency.]

Ê The record may be shortened by stipulation of the parties to the proceedings. A party unreasonably refusing to stipulate to limit the record, as determined by the court, may be assessed by the court any additional costs. The court may require or permit subsequent corrections or additions to the record.

      2.  If, before submission to the court, an application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence and any rebuttal evidence be taken before the agency upon such conditions as the court determines.

      3.  After receipt of any additional evidence, the agency:

      (a) May modify its findings and decision; and

      (b) Shall file the evidence and any modifications, new findings or decisions with the reviewing court.

      Sec. 11. NRS 233B.135 is hereby amended to read as follows:

      233B.135  1.  Judicial review of a final decision of an agency must be:

      (a) Conducted by the court without a jury; and

      (b) Confined to the record.

Ê In cases concerning alleged irregularities in procedure before an agency that are not shown in the record, the court may receive evidence concerning the irregularities.

      2.  The final decision of the agency shall be deemed reasonable and lawful until reversed or set aside in whole or in part by the court. The burden of proof is on the party attacking or resisting the decision to show that the final decision is invalid pursuant to subsection 3.

      3.  The court shall not substitute its judgment for that of the agency as to the weight of evidence on a question of fact. The court may remand or affirm the final decision or set it aside in whole or in part if substantial rights of the petitioner have been prejudiced because the final decision of the agency is:

 


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ê2015 Statutes of Nevada, Page 711 (Chapter 160, AB 53)ê

 

      (a) In violation of constitutional or statutory provisions;

      (b) In excess of the statutory authority of the agency;

      (c) Made upon unlawful procedure;

      (d) Affected by other error of law;

      (e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

      (f) Arbitrary or capricious or characterized by abuse of discretion.

      4.  As used in this section, “substantial evidence” means evidence which a reasonable mind might accept as adequate to support a conclusion.

      Sec. 12. (Deleted by amendment.)

      Sec. 13. NRS 622.360 is hereby amended to read as follows:

      622.360  1.  If a regulatory body initiates disciplinary proceedings against a licensee pursuant to this title, the regulatory body may require the licensee [shall, within 30 days after the licensee receives notification of the initiation of the disciplinary proceedings,] to submit to the regulatory body a complete set of his or her fingerprints and written permission authorizing the regulatory body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      2.  The willful failure of the licensee to comply with the requirements of subsection 1 constitutes an additional ground for the regulatory body to take disciplinary action against the licensee, including, without limitation, suspending or revoking the license of the licensee.

      3.  A regulatory body has an additional ground for taking disciplinary action against the licensee if:

      (a) The report from the Federal Bureau of Investigation indicates that the licensee has been convicted of an unlawful act that is a ground for taking disciplinary action against the licensee pursuant to this title; and

      (b) The regulatory body has not taken any prior disciplinary action against the licensee based on that unlawful act.

      4.  To the extent possible, the provisions of this section are intended to supplement other statutory provisions governing disciplinary proceedings. If there is a conflict between such other provisions and the provisions of this section, the other provisions control to the extent that the other provisions provide more specific requirements regarding the discipline of a licensee.

      Sec. 14. NRS 622A.370 is hereby amended to read as follows:

      622A.370  1.  The prosecutor has the burden of proof in any hearing pursuant to this chapter. The standard of proof in such a hearing is [substantial] a preponderance of the evidence.

      2.  Except as otherwise provided in this chapter, the regulatory body or hearing panel or officer is not bound by strict rules of procedure or rules of evidence when conducting the hearing, except that evidence must be taken and considered in the hearing pursuant to NRS 233B.123.

      3.  In any hearing pursuant to this chapter, the acts which constitute grounds for initiating disciplinary action against a licensee and the administrative penalties that may be imposed against a licensee are set forth in the occupational licensing chapter governing the licensee.

      4.  If requested by any party, the hearing or any portion of the hearing must be transcribed. The party making the request shall pay all costs for the transcription.

 


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ê2015 Statutes of Nevada, Page 712 (Chapter 160, AB 53)ê

 

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

      Sec. 15. Chapter 631 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Preponderance of the evidence” has the meaning ascribed to it in section 2 of this act.

      Sec. 16. NRS 631.005 is hereby amended to read as follows:

      631.005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 631.015 to 631.105, inclusive, and section 15 of this act, have the meanings ascribed to them in those sections.

      Sec. 17. NRS 631.255 is hereby amended to read as follows:

      631.255  1.  The Board may, without a clinical examination required by NRS 631.240, issue a specialist’s license to a person who:

      (a) Presents a current certification as a diplomate from a certifying board approved by the Commission on Dental Accreditation of the American Dental Association; or

      (b) Has completed the educational requirements specified for certification in a specialty area by a certifying board approved by the Commission on Dental Accreditation of the American Dental Association and is recognized by the certifying board as being eligible for that certification. A person who is licensed as a specialist pursuant to the provisions of this paragraph:

             (1) Shall submit to the Board his or her certificate as a diplomate from the certifying board within 6 years after licensure as a specialist; and

             (2) Must maintain certification as a diplomate of the certifying board during the period in which the person is licensed as a specialist pursuant to this paragraph.

      2.  In addition to the requirements set forth in subsection 1, a person applying for a specialist’s license:

      (a) Must hold an active license to practice dentistry pursuant to the laws of another state or territory of the United States, or the District of Columbia, or pursuant to the laws of this State, another state or territory of the United States, or the District of Columbia, if the person is applying pursuant to paragraph (b) of subsection 1;

      (b) Must be a specialist as identified by the Board;

      (c) Shall pay the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240;

      (d) Must submit all information required to complete an application for a license; and

      (e) Must satisfy the requirements of NRS 631.230.

      3.  The Board shall not issue a specialist’s license to a person:

      (a) Whose license to practice dentistry has been revoked or suspended;

      (b) Who has been refused a license to practice dentistry; or

      (c) Who is involved in or has pending a disciplinary action concerning a license to practice dentistry,

Ê in this State, another state or territory of the United States, or the District of Columbia.

      4.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      5.  A person to whom a specialist’s license is issued pursuant to this section shall limit his or her practice to the specialty.

 


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      6.  The Board may revoke a specialist’s license at any time [upon submission of substantial evidence to] if the Board finds, by a preponderance of the evidence, that the holder of the license violated any provision of this chapter or the regulations of the Board.

      Sec. 18. NRS 631.271 is hereby amended to read as follows:

      631.271  1.  The Board shall, without a clinical examination required by NRS 631.240 or 631.300, issue a limited license to practice dentistry or dental hygiene to a person who:

      (a) Is qualified for a license to practice dentistry or dental hygiene in this State;

      (b) Pays the required application fee;

      (c) Has entered into a contract with:

             (1) The Nevada System of Higher Education to provide services as a dental intern, dental resident or instructor of dentistry or dental hygiene at an educational or outpatient clinic, hospital or other facility of the Nevada System of Higher Education; or

             (2) An accredited program of dentistry or dental hygiene of an institution which is accredited by a regional educational accrediting organization that is recognized by the United States Department of Education to provide services as a dental intern, dental resident or instructor of dentistry or dental hygiene at an educational or outpatient clinic, hospital or other facility of the institution and accredited by the Commission on Dental Accreditation of the American Dental Association or its successor specialty accrediting organization;

      (d) Satisfies the requirements of NRS 631.230 or 631.290, as appropriate; and

      (e) Satisfies at least one of the following requirements:

             (1) Has a license to practice dentistry or dental hygiene issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

             (2) Presents to the Board a certificate granted by the Western Regional Examining Board which contains a notation that the person has passed, within the 5 years immediately preceding the date of the application, a clinical examination administered by the Western Regional Examining Board;

             (3) Successfully passes a clinical examination approved by the Board and the American Board of Dental Examiners; or

             (4) Has the educational or outpatient clinic, hospital or other facility where the person will provide services as a dental intern or dental resident in an internship or residency program submit to the Board written confirmation that the person has been appointed to a position in the program and is a citizen of the United States or is lawfully entitled to remain and work in the United States. If a person qualifies for a limited license pursuant to this subparagraph, the limited license remains valid only while the person is actively providing services as a dental intern or dental resident in the internship or residency program, is lawfully entitled to remain and work in the United States and is in compliance with all other requirements for the limited license.

      2.  The Board shall not issue a limited license to a person:

      (a) Who has been issued a license to practice dentistry or dental hygiene if:

 


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             (1) The person is involved in a disciplinary action concerning the license; or

             (2) The license has been revoked or suspended; or

      (b) Who has been refused a license to practice dentistry or dental hygiene,

Ê in this State, another state or territory of the United States, or the District of Columbia.

      3.  Except as otherwise provided in subsection 4, a person to whom a limited license is issued pursuant to subsection 1:

      (a) May practice dentistry or dental hygiene in this State only:

             (1) At the educational or outpatient clinic, hospital or other facility where the person is employed; and

             (2) In accordance with the contract required by paragraph (c) of subsection 1.

      (b) Shall not, for the duration of the limited license, engage in the private practice of dentistry or dental hygiene in this State or accept compensation for the practice of dentistry or dental hygiene except such compensation as may be paid to the person by the Nevada System of Higher Education or an accredited program of dentistry or dental hygiene for services provided as a dental intern, dental resident or instructor of dentistry or dental hygiene pursuant to paragraph (c) of subsection 1.

      4.  The Board may issue a permit authorizing a person who holds a limited license to engage in the practice of dentistry or dental hygiene in this State and to accept compensation for such practice as may be paid to the person by entities other than the Nevada System of Higher Education or an accredited program of dentistry or dental hygiene with whom the person is under contract pursuant to paragraph (c) of subsection 1. The Board shall, by regulation, prescribe the standards, conditions and other requirements for the issuance of a permit.

      5.  A limited license expires 1 year after its date of issuance and may be renewed on or before the date of its expiration, unless the holder no longer satisfies the requirements for the limited license. The holder of a limited license may, upon compliance with the applicable requirements set forth in NRS 631.330 and the completion of a review conducted at the discretion of the Board, be granted a renewal certificate that authorizes the continuation of practice pursuant to the limited license for 1 year.

      6.  A permit issued pursuant to subsection 4 expires on the date that the holder’s limited license expires and may be renewed when the limited license is renewed, unless the holder no longer satisfies the requirements for the permit.

      7.  Within 7 days after the termination of a contract required by paragraph (c) of subsection 1, the holder of a limited license shall notify the Board of the termination, in writing, and surrender the limited license and a permit issued pursuant to this section, if any, to the Board.

      8.  The Board may revoke a limited license and a permit issued pursuant to this section, if any, at any time [upon submission of substantial evidence to] if the Board finds, by a preponderance of the evidence, that the holder of the license violated any provision of this chapter or the regulations of the Board.

 


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      Sec. 19. NRS 631.272 is hereby amended to read as follows:

      631.272  1.  Except as otherwise provided in this section, the Board shall, without a clinical examination required by NRS 631.240, issue a temporary license to practice dentistry to a person who:

      (a) Has a license to practice dentistry issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Has practiced dentistry pursuant to the laws of another state or territory of the United States, or the District of Columbia, for a minimum of 5 years;

      (c) Has not had a license to practice dentistry revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

      (d) Has not been refused a license to practice dentistry in this State, another state or territory of the United States, or the District of Columbia;

      (e) Is not involved in or does not have pending a disciplinary action concerning a license to practice dentistry in this State, another state or territory of the United States, or the District of Columbia;

      (f) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240;

      (g) Submits all information required to complete an application for a license; and

      (h) Satisfies the requirements of NRS 631.230.

      2.  A person to whom a temporary license is issued pursuant to subsection 1 may:

      (a) Practice dentistry for the duration of the temporary license; and

      (b) Apply for a permanent license to practice dentistry without a clinical examination required by NRS 631.240 if the person has held a temporary license to practice dentistry pursuant to subsection 1 for a minimum of 2 years.

      3.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      4.  The Board shall not, on or after July 1, 2006, issue any additional temporary licenses to practice dentistry pursuant to this section.

      5.  Any person who, on July 1, 2006, holds a temporary license to practice dentistry issued pursuant to this section may, subject to the regulatory and disciplinary authority of the Board, practice dentistry under the temporary license until December 31, 2008, or until the person is qualified to apply for and is issued or denied a permanent license to practice dentistry in accordance with this section, whichever period is shorter.

      6.  The Board may revoke a temporary license at any time [upon submission of substantial evidence to] if the Board finds, by a preponderance of the evidence, that the holder of the license violated any provision of this chapter or the regulations of the Board.

      Sec. 20. NRS 631.273 is hereby amended to read as follows:

      631.273  1.  Except as otherwise provided in this section, the Board shall, without a clinical examination required by NRS 631.300, issue a temporary license to practice dental hygiene to a person who:

      (a) Has a license to practice dental hygiene issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Satisfies the requirements of NRS 631.290;

 


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      (c) Has practiced dental hygiene pursuant to the laws of another state or territory of the United States, or the District of Columbia, for at least 5 years immediately preceding the date that the person applies for a temporary license;

      (d) Has not had a license to practice dental hygiene revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

      (e) Has not been denied a license to practice dental hygiene in this State, another state or territory of the United States, or the District of Columbia;

      (f) Is not involved in or does not have pending a disciplinary action concerning a license to practice dental hygiene in this State, another state or territory of the United States, or the District of Columbia;

      (g) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.300; and

      (h) Submits all information required to complete an application for a license.

      2.  A person to whom a temporary license is issued pursuant to this section may:

      (a) Practice dental hygiene for the duration of the temporary license; and

      (b) Apply for a permanent license to practice dental hygiene without a clinical examination required by NRS 631.300 if the person has held a temporary license to practice dental hygiene issued pursuant to this section for at least 2 years.

      3.  The Board shall examine each applicant in writing concerning the contents and interpretation of this chapter and the regulations of the Board.

      4.  The Board shall not, on or after July 1, 2006, issue any additional temporary licenses to practice dental hygiene pursuant to this section.

      5.  Any person who, on July 1, 2006, holds a temporary license to practice dental hygiene issued pursuant to this section may, subject to the regulatory and disciplinary authority of the Board, practice dental hygiene under the temporary license until December 31, 2008, or until the person is qualified to apply for and is issued or denied a permanent license to practice dental hygiene in accordance with this section, whichever period is shorter.

      6.  The Board may revoke a temporary license at any time [upon submission of substantial evidence to] if the Board finds, by a preponderance of the evidence, that the holder of the license violated any provision of this chapter or the regulations of the Board.

      Sec. 21. NRS 631.274 is hereby amended to read as follows:

      631.274  1.  The Board shall, without a clinical examination required by NRS 631.240 or 631.300, issue a restricted geographical license to practice dentistry or dental hygiene to a person if the person meets the requirements of subsection 2 and:

      (a) A board of county commissioners submits a request that the Board of Dental Examiners of Nevada waive the requirements of NRS 631.240 or 631.300 for any applicant intending to practice dentistry or dental hygiene in a rural area of a county in which dental or dental hygiene needs are underserved as that term is defined by the officer of rural health of the University of Nevada School of Medicine;

      (b) Two or more boards of county commissioners submit a joint request that the Board of Dental Examiners of Nevada waive the requirements of NRS 631.240 or 631.300 for any applicant intending to practice dentistry or dental hygiene in one or more rural areas within those counties in which dental or dental hygiene needs are underserved as that term is defined by the officer of rural health of the University of Nevada School of Medicine; or

 


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dental or dental hygiene needs are underserved as that term is defined by the officer of rural health of the University of Nevada School of Medicine; or

      (c) The director of a federally qualified health center or a nonprofit clinic submits a request that the Board waive the requirements of NRS 631.240 or 631.300 for any applicant who has entered into a contract with a federally qualified health center or nonprofit clinic which treats underserved populations in Washoe County or Clark County.

      2.  A person may apply for a restricted geographical license if the person:

      (a) Has a license to practice dentistry or dental hygiene issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Is otherwise qualified for a license to practice dentistry or dental hygiene in this State;

      (c) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240 or 631.300;

      (d) Submits all information required to complete an application for a license; and

      (e) Satisfies the requirements of NRS 631.230 or 631.290, as appropriate.

      3.  The Board shall not issue a restricted geographical license to a person:

      (a) Whose license to practice dentistry or dental hygiene has been revoked or suspended;

      (b) Who has been refused a license to practice dentistry or dental hygiene; or

      (c) Who is involved in or has pending a disciplinary action concerning a license to practice dentistry or dental hygiene,

Ê in this State, another state or territory of the United States, or the District of Columbia.

      4.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      5.  A person to whom a restricted geographical license is issued pursuant to this section:

      (a) May practice dentistry or dental hygiene only in the county or counties which requested the restricted geographical licensure pursuant to paragraph (a) or (b) of subsection 1.

      (b) Shall not, for the duration of the restricted geographical license, engage in the private practice of dentistry or dental hygiene in this State or accept compensation for the practice of dentistry or dental hygiene except such compensation as may be paid to the person by a federally qualified health center or nonprofit clinic pursuant to paragraph (c) of subsection 1.

      6.  Within 7 days after the termination of a contract pursuant to paragraph (c) of subsection 1, the holder of a restricted geographical license shall notify the Board of the termination, in writing, and surrender the restricted geographical license.

      7.  A person to whom a restricted geographical license was issued pursuant to this section may petition the Board for an unrestricted license without a clinical examination required by NRS 631.240 or 631.300 if the person:

 


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      (a) Has not had a license to practice dentistry or dental hygiene revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

      (b) Has not been refused a license to practice dentistry or dental hygiene in this State, another state or territory of the United States, or the District of Columbia;

      (c) Is not involved in or does not have pending a disciplinary action concerning a license to practice dentistry or dental hygiene in this State, another state or territory of the United States, or the District of Columbia; and

      (d) Has:

             (1) Actively practiced dentistry or dental hygiene for 3 years at a minimum of 30 hours per week in the county or counties which requested the restricted geographical licensure pursuant to paragraph (a) or (b) of subsection 1; or

             (2) Been under contract with a federally qualified health center or nonprofit clinic for a minimum of 3 years.

      8.  The Board may revoke a restricted geographical license at any time [upon submission of substantial evidence to] if the Board finds, by a preponderance of the evidence, that the holder of the license violated any provision of this chapter or the regulations of the Board.

      Sec. 22. NRS 631.275 is hereby amended to read as follows:

      631.275  1.  Except as otherwise provided in subsection 2, the Board shall, without examination, issue a restricted license to practice dentistry to a person who:

      (a) Has a valid license to practice dentistry issued pursuant to the laws of another state or the District of Columbia;

      (b) Has received a degree from a dental school or college accredited by the Commission on Dental Accreditation of the American Dental Association or its successor organization;

      (c) Has entered into a contract with a facility approved by the Division of Public and Behavioral Health of the Department of Health and Human Services to provide publicly funded dental services exclusively to persons of low income for the duration of the restricted license; and

      (d) Satisfies the requirements of NRS 631.230.

      2.  The Board shall not issue a restricted license to a person:

      (a) Who has failed to pass the examination of the Board;

      (b) Who has been refused a license in this State, another state or territory of the United States, or the District of Columbia; or

      (c) Whose license to practice dentistry has been revoked in this State, another state or territory of the United States, or the District of Columbia.

      3.  A person to whom a restricted license is issued pursuant to subsection 1:

      (a) May perform dental services only:

             (1) Under the general supervision of the State Dental Health Officer or the supervision of a dentist who is licensed to practice dentistry in this State and appointed by the Division of Public and Behavioral Health of the Department of Health and Human Services to supervise dental care that is provided in a facility which has entered into a contract with the person to whom a restricted license is issued and which is approved by the Division; and

 


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             (2) In accordance with the contract required pursuant to paragraph (c) of that subsection.

      (b) Shall not, for the duration of the restricted license, engage in the private practice of dentistry, which includes, without limitation, providing dental services to a person who pays for the services.

      4.  A restricted license expires 1 year after its date of issuance and may be renewed on or before the date of its expiration, unless the holder no longer satisfies the requirements for the restricted license. The holder of a restricted license may, upon compliance with the applicable requirements set forth in NRS 631.330 and the completion of a review conducted at the discretion of the Board, be granted a renewal certificate that authorizes the continuation of practice pursuant to the restricted license for 1 year.

      5.  A person who receives a restricted license must pass the examination of the Board within 3 years after receiving the restricted license. If the person fails to pass that examination, the Board shall revoke the restricted license.

      6.  The Board may revoke a restricted license at any time [upon submission of substantial evidence to] if the Board finds, by a preponderance of the evidence, that the holder of the license violated any provision of this chapter or the regulations of the Board.

      Sec. 23. NRS 631.350 is hereby amended to read as follows:

      631.350  1.  Except as otherwise provided in NRS 631.271, 631.2715 and 631.347, the Board may:

      (a) Refuse to issue a license to any person;

      (b) Revoke or suspend the license or renewal certificate issued by it to any person;

      (c) Fine a person it has licensed;

      (d) Place a person on probation for a specified period on any conditions the Board may order;

      (e) Issue a public reprimand to a person;

      (f) Limit a person’s practice to certain branches of dentistry;

      (g) Require a person to participate in a program to correct alcohol or drug abuse or any other impairment;

      (h) Require that a person’s practice be supervised;

      (i) Require a person to perform community service without compensation;

      (j) Require a person to take a physical or mental examination or an examination of his or her competence;

      (k) Require a person to fulfill certain training or educational requirements;

      (l) Require a person to reimburse a patient; or

      (m) Any combination thereof,

Ê [upon submission of substantial evidence to] if the Board finds, by a preponderance of the evidence, that the person has engaged in any of the activities listed in subsection 2.

      2.  The following activities may be punished as provided in subsection 1:

      (a) Engaging in the illegal practice of dentistry or dental hygiene;

      (b) Engaging in unprofessional conduct; or

      (c) Violating any regulations adopted by the Board or the provisions of this chapter.

 


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      3.  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.

      4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 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.

      5.  The Board shall not administer a private reprimand.

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

      Sec. 24. NRS 637.150 is hereby amended to read as follows:

      637.150  1.  [Upon proof] If the Board finds, by [substantial] a preponderance of the evidence , that an applicant or holder of a license:

      (a) Has been adjudicated insane;

      (b) Habitually uses any controlled substance or intoxicant;

      (c) Has been convicted of a crime involving moral turpitude;

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

      (e) Has advertised in any manner which would tend to deceive, defraud or mislead the public;

      (f) Has presented to the Board any diploma, license or certificate that has been signed or issued unlawfully or under fraudulent representations, or obtains or has obtained a license to practice in this State through fraud of any kind;

      (g) Has been convicted of a violation of any federal or state law relating to a controlled substance;

      (h) Has, without proper verification, dispensed a lens, frame, specially fabricated optical device or other ophthalmic device that does not satisfy the minimum standards established by the Board pursuant to NRS 637.073;

      (i) Has violated any regulation of the Board;

      (j) Has violated any provision of this chapter;

      (k) Is incompetent;

      (l) Is guilty of unethical or unprofessional conduct as determined by the Board;

      (m) Is guilty of repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner;

      (n) Is guilty of a fraudulent or deceptive practice as determined by the Board; or

      (o) Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

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

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

Ê the Board may, in the case of an applicant, refuse to grant the applicant a license, or may, in the case of a holder of a license, place the holder on probation, reprimand the holder publicly, require the holder to pay an administrative fine of not more than $10,000, suspend or revoke the holder’s license, or take any combination of these disciplinary actions.

      2.  The Board shall not privately reprimand a holder of a license.

 


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

      4.  The provisions of paragraph (o) of subsection 1 apply to an owner or other principal responsible for the operation of the medical facility.

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

      Sec. 25. NRS 638.145 is hereby amended to read as follows:

      638.145  1.  The Board shall not refuse to issue a license to an applicant or take any disciplinary action against a licensee unless the Board finds, by [substantial] a preponderance of the evidence, that the applicant or licensee has engaged in one or more of the practices prohibited by the provisions of this chapter.

      2.  As used in this section, “preponderance of the evidence” has the meaning ascribed to it in section 2 of this act.

      Sec. 26. NRS 641.230 is hereby amended to read as follows:

      641.230  1.  The Board may suspend or revoke a person’s license as a psychologist, behavior analyst or assistant behavior analyst or certificate as an autism behavior interventionist, place the person on probation, require remediation for the person or take any other action specified by regulation if the Board finds by [substantial] a preponderance of the evidence that the person has:

      [1.](a) Been convicted of a felony relating to the practice of psychology or the practice of applied behavior analysis.

      [2.](b) Been convicted of any crime or offense that reflects the inability of the person to practice psychology or applied behavior analysis with due regard for the health and safety of others.

      [3.](c) Been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      [4.](d) Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of psychology or the practice of applied behavior analysis.

      [5.](e) Aided or abetted the practice of psychology by a person not licensed by the Board.

      [6.](f) Made any fraudulent or untrue statement to the Board.

      [7.](g) Violated a regulation adopted by the Board.

      [8.](h) Had a license to practice psychology or a license or certificate to practice applied behavior analysis suspended or revoked or has had any other disciplinary action taken against the person by another state or territory of the United States, the District of Columbia or a foreign country, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.

      [9.](i) Failed to report to the Board within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken against, a license or certificate to practice psychology or applied behavior analysis issued to the person by another state or territory of the United States, the District of Columbia or a foreign country.

      [10.](j) Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter.

      [11.](k) Performed or attempted to perform any professional service while impaired by alcohol, drugs or by a mental or physical illness, disorder or disease.

 


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      [12.](l) Engaged in sexual activity with a patient or client.

      [13.](m) Been convicted of abuse or fraud in connection with any state or federal program which provides medical assistance.

      [14.](n) Been convicted of submitting a false claim for payment to the insurer of a patient or client.

      [15.](o) Operated a medical facility, as defined in NRS 449.0151, at any time during which:

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

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

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

      2.  As used in this section, “preponderance of the evidence” has the meaning ascribed to it in section 2 of this act.

      Sec. 27. NRS 683C.130 is hereby amended to read as follows:

      683C.130  1.  Upon suspension, limitation or revocation of the license of an insurance consultant, the Commissioner shall immediately notify the licensee in person or by mail addressed to the licensee at his or her most recent address of record with the Division. Notice by mail is effective when mailed.

      2.  The Commissioner shall not again issue a license under this chapter to any natural person whose license has been revoked until at least 1 year after the revocation has become final, and thereafter not until the person again qualifies for it under this chapter. A person whose license has been revoked twice is not eligible for any license under this title.

      3.  If the license of a business organization is suspended, limited or revoked, no member, officer or director of the organization may be licensed, or designated in a license to exercise its powers, during the period of suspension or revocation, unless the Commissioner determines [upon substantial] , by a preponderance of the evidence , that the member, officer or director was not personally at fault and did not knowingly aid, abet, assist or acquiesce in the matter for which the license was suspended or revoked.

      4.  As used in this section, “preponderance of the evidence” has the meaning ascribed to it in section 2 of this act.

      Sec. 28.  This act becomes effective on July 1, 2015.

________

CHAPTER 161, AB 54

Assembly Bill No. 54–Committee on Government Affairs

 

CHAPTER 161

 

[Approved: May 25, 2015]

 

AN ACT relating to local financial administration; revising provisions governing the operation of the Committee on Local Government Finance; revising provisions relating to the management of a local government existing in a severe financial emergency; providing a penalty; and providing other matters properly relating thereto.

 


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ê2015 Statutes of Nevada, Page 723 (Chapter 161, AB 54)ê

 

Legislative Counsel’s Digest:

      Existing law establishes the procedures by which certain local governments existing in a severe financial emergency may receive technical financial and other assistance from the Department of Taxation and the Committee on Local Government Finance. Existing law also requires the Nevada Tax Commission, upon determining that a local government exists in a severe financial emergency, to require by order that: (1) the Department take over the management of the local government until the severe financial emergency ceases to exist; (2) the local government increase or impose new taxes to meet the revenue requirements of the local government; and (3) under certain circumstances, a question be submitted to the electors of the local government as to whether the local government should be disincorporated or dissolved. Existing law further provides for the cessation of the management of a local government by order of the Commission under certain circumstances. (NRS 354.105, 354.655-354.725) Section 1 of this bill revises provisions providing for the operation of the Committee on Local Government Finance. Sections 4 and 5 of this bill generally provide for the withholding of certain payments to which a local government may otherwise be entitled for failing to file certain financial reports or to make certain payments to the Public Employees’ Benefits Program. Section 6 of this bill requires the Department, upon making a determination that certain financial conditions exist in a local government and after giving consideration to the severity of each such condition, to place the local government under a program of monitoring. Section 7 of this bill establishes the process by which the Committee and the Commission determine that a local government exists in a severe financial emergency and requires the Commission, upon making such a determination, to order the local government to follow a remedial course of action. Section 8 of this bill revises the duties of the Department upon taking over the management of a local government found to exist in a severe financial emergency, including requiring the Department to: (1) negotiate and approve employment contracts of the local government; (2) open and renegotiate, or assist the local government in renegotiating, existing collective bargaining agreements and employment contracts; and (3) meet and negotiate in good faith with creditors of the local government. Section 9 of this bill provides for the creation and adoption by the Commission of a remedial plan of action to increase the revenues and reduce the expenditures of the local government. The plan may provide for the imposition of additional taxes by the local government, which taxes, pursuant to section 15 of this bill, are not subject to certain abatements and other limitations. Section 9 further requires the Department to prepare and submit to the Legislature a report relating to local governments existing in a severe financial emergency. Section 11 of this bill authorizes the distribution of money in the Severe Financial Emergency Fund to a local government as a loan for the purpose of discharging the general obligations of the local government. Section 11 further extends the period within which a local government may repay certain interest-free loans distributed by the Executive Director of the Department to the local government from the Fund. Section 12 of this bill authorizes the Commission to require a local government that is found to exist in a severe financial emergency to take remedial action in accordance with the recommendations of the Committee. Section 13 of this bill prohibits the Commission from terminating or modifying the management of a local government by the Department without first obtaining a recommendation from the Committee.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 354.105 is hereby amended to read as follows:

      354.105  1.  The Committee on Local Government Finance, consisting of 11 members, is hereby created.

 


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      2.  The following associations shall each appoint three members to serve on the Committee:

      (a) Nevada League of Cities;

      (b) Nevada Association of County Commissioners; and

      (c) Nevada [School Trustees] Association [.] of School Boards.

      3.  The Nevada State Board of Accountancy shall appoint two members to serve on the Committee.

      4.  Each appointment must be for a term of 3 years [.] , and each member appointed may be reappointed to additional terms.

      5.  [All vacancies] A vacancy must be filled as soon as practicable by the appointing authority of the person who vacated the seat.

      6.  If any of the associations listed in subsection 2 cease to exist, the appointments required by subsection 2 must be made by the association’s successor in interest or, if there is no successor in interest, one each by the other appointing authorities.

      7.  The members of the Committee shall elect by majority vote a member as Chair and another member as Vice Chair, who shall serve for terms of 3 years or until their successors are elected.

      8.  The Committee shall meet not less than twice per year and may meet at other times upon the call of the Chair or a majority of the members of the Committee.

      9.  A majority of the members of the Committee constitutes a quorum, and a quorum may exercise all the power and authority conferred on the Committee.

      10.  Members of the Committee serve without compensation, except that for each day or portion of a day during which a member of the Committee attends a meeting of the Committee or is otherwise engaged in the business of the Committee, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      11.  The Department of Taxation shall provide administrative support to the Committee.

      Sec. 2. NRS 354.655 is hereby amended to read as follows:

      354.655  As used in NRS 354.655 to 354.725, inclusive, unless the context requires otherwise:

      1.  “Basic function” means an activity of a local government for the purpose of accomplishing a primary service or function of the local government, including, without limitation, those services and functions relating to general governance, public safety, public works, public health, public welfare and judicial services or functions for which the local government is responsible.

      2.  “Commission” means the Nevada Tax Commission.

      3.  “Committee” means the Committee on Local Government Finance.

      [2.]4.  “Department” means the Department of Taxation.

      [3.]5.  “Executive Director” means the Executive Director of the Department . [of Taxation.

      4.]6.  “Fiscal watch” means the monitoring of a local government pursuant to a notice issued pursuant to subsection 1 of NRS 354.675.

      7.  “Holder” includes, without limitation, any owner or other person described in NRS 350.530, a trustee, guarantor, insurer and credit enhancer, and a bank that issues a letter of credit.

 


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      8.  “Local government” means any local government subject to the provisions of the Local Government Budget and Finance Act.

      [5.  The]

      9.  “Technical financial assistance” means assistance provided by the Department to a local government, including, without limitation, assistance with developing budgets, reviewing contracts, analyzing cost allocations, debt management, feasibility analyses and revenue forecasting.

      10.  The words and terms defined in the Local Government Budget and Finance Act have the meanings ascribed to them in that act.

      Sec. 3. NRS 354.657 is hereby amended to read as follows:

      354.657  1.  The purpose of NRS 354.655 to 354.725, inclusive, is to [provide specific methods for the treatment of delinquent documents, payments, technical financial assistance and] :

      (a) Restore and maintain the financial solvency of any local government in financial distress;

      (b) Provide basic functions for which a local government in financial distress is responsible; and

      (c) Provide a tiered program of financial oversight and assistance by the State based on the existing financial conditions of a local government, including, without limitation, placing the local government on fiscal watch, providing technical financial assistance to the local government and assisting the local government if it is found to exist in a state of severe financial emergency.

      2.  To accomplish the purpose set forth in subsection 1, the provisions of NRS 354.655 to 354.725, inclusive, must be broadly and liberally construed.

      Sec. 4. NRS 354.665 is hereby amended to read as follows:

      354.665  1.  If a local government does not file a statement, report or other document as required by the provisions of NRS 350.013, 354.5945, 354.6015, 354.6025, 354.624, 354.6245 or 387.303 within 15 days after the day on which it was due, the Executive Director shall notify the governing body of the local government in writing that the report is delinquent. The notification must be noted in the minutes of the first meeting of the governing body following transmittal of the notification.

      2.  If the required report is not received by the Department within 45 days after the day on which the report was due, the Executive Director shall notify the governing body that the presence of a representative of the governing body is required at the next practicable scheduled meeting of the Committee to explain the reason that the report has not been filed. The notice must be transmitted to the governing body [at least] not less than 5 days before the date on which the meeting will be held.

      3.  If an explanation satisfactory to the Committee is not provided at the meeting as requested in the notice and an arrangement is not made for the submission of the report, the Committee may instruct the Executive Director to request that the State Treasurer withhold from the local government the next distribution from the Local Government Tax Distribution Account , if the local government is otherwise entitled to receive such a distribution , [or of] the local school support tax if the local government is a school district [.] or any other property taxes, taxes on the net proceeds of minerals or grants to which the local government may otherwise be entitled as a distribution from the State. Upon receipt of such a request, the State Treasurer shall withhold the payment and all future payments until the State Treasurer is notified by the Executive Director that the report has been received by the Department [.]

 


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ê2015 Statutes of Nevada, Page 726 (Chapter 161, AB 54)ê

 

Department [.] , except that the State Treasurer shall not withhold any payment necessary for the local government to make a timely payment that is due and owing to a holder.

      Sec. 5. NRS 354.671 is hereby amended to read as follows:

      354.671  1.  Upon receipt of notification by the Board of the Public Employees’ Benefits Program pursuant to NRS 287.0434 that a local government is delinquent by more than 90 days on an amount due to the Public Employees’ Benefits Program pursuant to paragraph (b) of subsection 4 of NRS 287.023, the Executive Director shall notify the governing body that the presence of a representative of the governing body is required at the next practicable scheduled meeting of the Committee to explain the reason that the payment has not been made. The notice must be transmitted to the governing body at least 5 days before the date on which the meeting will be held.

      2.  If an explanation satisfactory to the Committee is not provided at the meeting as requested in the notice and an arrangement is not made for the submission of the payment, the Committee may instruct the Executive Director to request that the State Treasurer withhold from the local government an amount equal to the amount of the delinquent payment from the next distribution from the Local Government Tax Distribution Account , if the local government is otherwise entitled to receive such a distribution , [or of] the local school support tax if the local government is a school district [.] or any other property taxes, taxes on the net proceeds of minerals or grants to which the local government may otherwise be entitled as a distribution from the State. Upon receipt of such a request, the State Treasurer shall withhold that amount from the payment or any future payment as necessary until the State Treasurer is notified by the Executive Director that the delinquent payment has been received by the Department [.] , except that the State Treasurer shall not withhold any payment necessary for the local government to make a timely payment that is due and owing to a holder. The Department shall transmit the delinquent payment to the Public Employees’ Benefits Program upon receipt.

      Sec. 6. NRS 354.675 is hereby amended to read as follows:

      354.675  1.  [A governing body which determines that the local government is in need of technical financial assistance may adopt a resolution requesting an appearance before the Nevada Tax Commission to request technical financial assistance from the Department.] If the Department determines that one or more of the conditions identified in paragraphs (a) to (aa), inclusive, of subsection 2 of NRS 354.685 exist in a local government, and after giving consideration to the severity of each such condition, the Department shall provide written notice to the local government, the Commission and the Committee that the local government has been placed on fiscal watch by the Department. The Department shall not remove a local government from fiscal watch until the Executive Director determines that such conditions no longer exist or the Executive Director submits a recommendation to the Committee pursuant to subsection 2 of NRS 354.685.

      2.  If a local government is placed on fiscal watch pursuant to subsection 1, the governing body of the local government may adopt a resolution requesting the Commission to order the Department, in consultation with the local government and the Committee, to provide appropriate technical financial assistance to the local government.

 


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      3.  Upon receipt of a resolution adopted pursuant to subsection [1,] 2, the Nevada Tax Commission shall place the request for technical financial assistance on the agenda for the next practicable scheduled meeting of the Commission and notify the governing body of the local government of the time and place at which one or more representatives of the local government must appear to present the request.

      [3.]4.  After hearing the request for technical financial assistance [,] and any recommendations of the Committee, if the Nevada Tax Commission finds that the local government is in need of technical financial assistance, [it] the Commission shall order the Department to provide the assistance. The order must include such terms and conditions as the Commission deems appropriate and may include a schedule or rate of payment for the services of the Department.

      [4.]5.  If the governing body adopts a resolution accepting the terms and conditions established pursuant to subsection [3,] 4, the Department shall provide such technical financial assistance to the local government as the Department deems necessary and appropriate.

      [5.]6.  The Department may request from the Committee any assistance it deems appropriate to carry out the provisions of this section . [from the Committee.

      6.]7.  The Department shall continue to provide assistance to the local government pursuant to this section until the Nevada Tax Commission [adopts] issues an order requiring the Department to cease providing the assistance. The Nevada Tax Commission may [adopt] issue such an order upon its own motion , [or] upon receipt of a request for such an order from the Department or the Committee, or upon receipt of a resolution adopted by the governing body requesting such an order.

      [7.]8.  If no payment for the services of the Department is required by the order or such payments are not sufficient to pay the costs of providing the technical financial assistance required pursuant to this section, the Department may request an allocation by the Interim Finance Committee from the Contingency Account pursuant to NRS 353.266, 353.268 and 353.269 to pay the costs of providing the technical financial assistance required pursuant to this section.

      Sec. 7. NRS 354.685 is hereby amended to read as follows:

      354.685  1.  [If] The Committee may, upon the recommendation of the Executive Director pursuant to subsection 2 or at the request of a local government pursuant to subsection 3, conduct one or more hearings to determine whether a severe financial emergency exists in a local government.

      2.  The Executive Director may, after giving consideration to the severity of each condition identified in paragraphs (a) to (aa), inclusive, which is found to exist in a local government, recommend that the Committee conduct one or more hearings to determine whether a severe financial emergency exists in a local government if the Department finds that one or more of the following conditions exist in [any] the local government : [, after giving consideration to the severity of the condition, it may determine that one or more hearings should be conducted to determine the extent of the problem and to determine whether a recommendation of severe financial emergency should be made to the Nevada Tax Commission:]

 


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      (a) Required financial reports have not been filed or are consistently late.

      (b) The audit report reflects the unlawful expenditure of money in excess of the amount appropriated in violation of the provisions of NRS 354.626.

      (c) The audit report shows funds with deficit fund balances.

      (d) The local government has incurred debt beyond its ability to repay.

      (e) The local government has not corrected violations of statutes or regulations adopted pursuant thereto as noted in the audit report.

      (f) The local government has serious internal control problems noted in the audit report which have not been corrected.

      (g) The local government has a record of being late in its payments for services and supplies.

      (h) The local government has had insufficient cash to meet required payroll payments in a timely manner.

      (i) The local government has borrowed money or entered into long-term lease arrangements without following the provisions of NRS or regulations adopted pursuant thereto.

      (j) The governing body of the local government has failed to correct problems after it has been notified of such problems by the Department.

      (k) The local government has not separately accounted for its individual funds as required by chapter 354 of NRS.

      (l) The local government has invested its money in financial instruments in violation of the provisions of chapter 355 of NRS.

      (m) The local government is in violation of any covenant in connection with any debt issued by the local government.

      (n) The local government has not made bond and lease payments in accordance with the approved payment schedule.

      (o) The local government has failed to control its assets such that large defalcations have occurred which have impaired the financial condition of the local government.

      (p) The local government has recognized sizeable losses as a result of the imprudent investment of money.

      (q) The local government has allowed its accounting system and recording of transactions to deteriorate to such an extent that it is not possible to measure accurately the results of operations or to ascertain the financial position of the local government without a reconstruction of transactions.

      (r) The local government has consistently issued checks not covered by adequate deposits.

      (s) The local government has loaned and borrowed money between funds without following the proper procedures.

      (t) The local government has expended money in violation of the provisions governing the expenditure of that money.

      (u) Money restricted for any specific use has been expended in violation of the terms and provisions relating to the receipt and expenditure of that money.

      (v) Money has been withheld in accordance with the provisions of NRS 354.665.

      (w) If the local government is a school district, a loan has been made from the State Permanent School Fund to the school district pursuant to NRS 387.526.

      (x) An employer in the county that accounts for more than 15 percent of the employment in the county has closed or significantly reduced operations.

 


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      (y) The local government has experienced a cumulative decline of 10 percent in population or assessed valuation for the past 2 years.

      (z) The ending balance in the general fund of the local government has declined for the past 2 years [.] or is less than 4 percent of the actual expenditures from the general fund of the local government for the immediately preceding fiscal year.

      (aa) The local government has failed to pay, in a timely manner, contributions to the Public Employees’ Retirement System, workers’ compensation or payroll taxes or fails to pay, at any time, a payment required pursuant to the Federal Insurance Contributions Act [.

      2.], 26 U.S.C. §§ 3101 et seq., or the Federal Unemployment Tax Act, 26 U.S.C. §§ 3301 et seq.

      3. If the governing body of a local government determines by the affirmative vote of a majority of its members that, because the local government is involved in litigation or threatened litigation, a severe financial emergency will exist in the local government, the governing body may submit a request to the Committee to conduct a hearing to determine whether a severe financial emergency exists in the local government.

      4.  If the [Department] Committee conducts a hearing pursuant to subsection 2 or 3 and determines that a [condition listed in subsection 1] severe financial emergency exists, the Department , on behalf of the Committee, shall:

      (a) Notify the local government about the determination;

      (b) Request from the local government any information that the Department deems to be appropriate to determine the extent of the condition; and

      (c) Require the local government to formulate a plan of corrective action to mitigate the possible financial emergency.

      [3.  Within]

      5.  Not later than 45 days after receiving notification pursuant to subsection [2,] 4, a local government shall submit to the Committee any information requested by the Department and a plan of corrective action.

      [4.  The]

      6.  If the Committee determines that a severe financial emergency exists pursuant to subsection 4, the Committee shall:

      (a) Review [a] the plan of corrective action submitted by a local government [;] pursuant to paragraph (c) of subsection 4;

      (b) Provide observations and recommendations for the local government; and

      (c) If the Committee deems necessary, periodically review the status of and conduct additional hearings to review the financial operations of the local government.

      [5.  The Department shall report the observations and recommendations of the Committee to the Nevada Tax Commission.

      6.]7.  In addition to any notice otherwise required, the Department shall give notice of any hearing held pursuant to [subsection 1] this section to the governing body of each local government whose jurisdiction overlaps with , or in the case of a city, whose jurisdiction is contiguous to, the jurisdiction of the local government whose financial condition will be considered at least 10 days before the date on which the hearing will be held.

      [7.]8.  If the [Department,] Committee, following [the] a hearing [or hearings,] conducted pursuant to this section, determines that a [recommendation of] severe financial emergency [should be made to the Nevada Tax Commission, it] exists in a local government, the Committee shall , [make such a recommendation] as soon as practicable [.

 


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ê2015 Statutes of Nevada, Page 730 (Chapter 161, AB 54)ê

 

[recommendation of] severe financial emergency [should be made to the Nevada Tax Commission, it] exists in a local government, the Committee shall , [make such a recommendation] as soon as practicable [. Upon receipt of such a recommendation, the Nevada Tax] , provide notice of its findings, including any recommendations of the Committee, to the Commission.

      9.  The Commission shall , upon receiving a notice and any recommendations from the Committee pursuant to subsection 8, hold a hearing at which the Department [,] and the Committee must recommend a course of action to mitigate the financial conditions that are the cause of the severe financial emergency which exists in the local government. The Commission shall afford the local government whose financial condition will be considered and each local government whose jurisdiction overlaps with , or in the case of a city, whose jurisdiction is contiguous to, the jurisdiction of the local government whose financial condition will be considered [are afforded] an opportunity to be heard. If, after the hearing, the Nevada Tax Commission determines that a severe financial emergency exists, [it] the Commission shall [require by] issue an order [that] requiring the local government to follow a remedial course of action and requiring the Department to take over the management of the local government as soon as practicable.

      [8.  As used in this section, “Federal Insurance Contributions Act” means subchapter A of chapter 9 of the Internal Revenue Code of 1939 and subchapters A and B of chapter 21 of the Internal Revenue Code of 1954, as such codes have been and may from time to time be amended.]

      Sec. 8. NRS 354.695 is hereby amended to read as follows:

      354.695  1.  As soon as practicable after taking over the management of a local government, the Department shall, with the approval of the Committee:

      (a) Establish and implement a management policy and a financing plan for the local government;

      (b) Provide for the appointment of a financial manager for the local government who is qualified to manage the fiscal affairs of the local government;

      (c) Provide for the appointment of any other persons necessary to enable the local government to provide the basic services for which it was created in the most economical and efficient manner possible;

      (d) Establish an accounting system and separate accounts in a bank or credit union, if necessary, to receive and expend all money and assets of the local government;

      (e) Impose such hiring restrictions as deemed necessary ; [after considering the recommendations of the financial manager;]

      (f) Negotiate and approve all contracts entered into by or on behalf of the local government before execution and enter into such contracts on behalf of the local government as the Department deems necessary;

      (g) Negotiate and approve all collective bargaining contracts and other employment contracts to be entered into by the local government [,] with an employee organization or any employee, except that the Department shall not negotiate or approve issues submitted to a fact finder whose findings and recommendations are final and binding pursuant to the provisions of the Local Government Employee-Management Relations Act;

 


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ê2015 Statutes of Nevada, Page 731 (Chapter 161, AB 54)ê

 

      (h) If the Committee made a recommendation to the Commission that a severe financial emergency exists in the local government based upon the existence of one or more conditions described in paragraph (c), (d), (g), (h), (n) to (p), inclusive, (r) or (aa) of subsection 2 of NRS 354.685:

             (1) Open and renegotiate in good faith, or assist the local government in renegotiating, any existing collective bargaining agreement or other employment contract relating to compensation or monetary benefits during the period of severe financial emergency; and

             (2) Assume all rights, duties and powers pursuant to NRS 288.150 that are otherwise reserved to the local government during a period of severe financial emergency;

      (i) Approve all expenditures of money from any fund or account and all transfers of money from one fund to another;

      [(i)](j) Employ such technicians as are necessary for the improvement of the financial condition of the local government;

      [(j)](k) Meet with any holders and the creditors of the local government to negotiate in good faith and formulate a debt liquidation program [;] that may include, without limitation, the adjustment of bonded indebtedness by the exchange of existing bonds for new bonds with a later maturity date and a different interest rate;

      [(k)](l) If the Department has taken over the management of a local government because the local government is involved in litigation or threatened litigation, carry out the duties [set forth in NRS 354.701, if the provisions of that section are applicable;] of the Department pursuant to subsection 2 of NRS 31.010;

      [(l)](m) Approve the issuance of bonds or other forms of indebtedness by the local government;

      [(m)](n) Discharge any of the outstanding debts and obligations of the local government; and

      [(n)](o) Take any other actions necessary to ensure that the local government provides the basic [services] functions for which it was created in the most economical and efficient manner possible.

      2.  The Department may provide for reimbursement from the local government for the expenses the Department incurs in managing the local government. If such reimbursement is not possible, the Department may request an allocation by the Interim Finance Committee from the Contingency Account pursuant to NRS 353.266, 353.268 and 353.269.

      3.  The governing body of a local government which is being managed by the Department pursuant to this section may make recommendations to the Department or the financial manager concerning the management of the local government.

      4.  Each state agency, board, department, commission, committee or other entity of the State shall provide such technical financial assistance concerning the management of the local government as is requested by the Department.

      5.  The Department may delegate any of the powers and duties imposed by this section to the financial manager appointed pursuant to paragraph (b) of subsection 1.

      [6.]A financial manager acting within the scope of his or her delegation pursuant to this subsection is responsible only to the Department for his or her actions.

 


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ê2015 Statutes of Nevada, Page 732 (Chapter 161, AB 54)ê

 

      6.  Except as otherwise provided in NRS 354.723 and 450.760, once the Department has taken over the management of a local government pursuant to the provisions of subsection 1, that management may only be terminated pursuant to NRS 354.725.

      Sec. 9. NRS 354.705 is hereby amended to read as follows:

      354.705  1.  As soon as practicable after the Department takes over the management of a local government, the Executive Director shall [:] prepare a plan of revenue enhancement and expense mitigation, for consideration by the Committee, that will lead to sustainable financial stability for the local government. In preparing the plan, the Executive Director shall:

      (a) Determine the total amount of expenditures necessary to allow the local government to perform the basic functions for which it was created [;] , with priority given to public safety and the maintenance of roads and highways;

      (b) Determine the amount of revenue reasonably expected to be available to the local government; and

      (c) Consider any alternative sources of revenue available to the local government.

      2.  [If the] The Executive Director shall submit the plan prepared pursuant to subsection 1 to the Committee. If the Committee determines that the available revenue of the local government is not sufficient to provide for the payment of required debt service and operating expenses [,] pursuant to the [Executive Director may submit his or her findings to] plan, the Committee [who shall review the determinations made by the Executive Director. If the Committee determines that additional revenue is needed, it shall prepare] shall submit a [recommendation] revised plan to the [Nevada Tax] Commission as to which one or more of the following additional taxes or charges should be imposed by the local government:

      (a) The levy of a property tax up to a rate which when combined with all other overlapping rates levied in the State does not exceed $4.50 on each $100 of assessed valuation.

      (b) An additional tax on transient lodging at a rate not to exceed 1 percent of the gross receipts from the rental of transient lodging within the boundaries of the local government upon all persons in the business of providing lodging. Any such tax must be collected and administered in the same manner as all other taxes on transient lodging are collected by or for the local government.

      (c) Additional service charges appropriate to the local government.

      (d) If the local government is a county or has boundaries that are conterminous with the boundaries of the county:

             (1) An additional tax on the gross receipts from the sale or use of tangible personal property not to exceed one-quarter of 1 percent throughout the county. The ordinance imposing any such tax must:

                   (I) Include provisions in substance which comply with the requirements of subsections 2 to 5, inclusive, of NRS 377A.030. The ordinance shall be deemed to require the remittance of the tax to the Department and the distribution of the tax to the local government in the same manner as that provided in NRS 377A.050.

                   (II) Specify the date on which the tax must first be imposed or on which a change in the rate of the tax becomes effective, which must be the first day of the first calendar quarter that begins at least 120 days after the effective date of the ordinance.

 


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ê2015 Statutes of Nevada, Page 733 (Chapter 161, AB 54)ê

 

             (2) An additional governmental services tax of not more than 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except those vehicles exempt from the governmental services tax imposed pursuant to chapter 371 of NRS or a vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations. As used in this subparagraph, “based” has the meaning ascribed to it in NRS 482.011.

      3.  Upon receipt of the plan from the Committee, a panel consisting of three members of the Nevada Tax Commission appointed by the Nevada Tax Commission and three members of the Committee appointed by the Committee shall hold a public hearing at a location within the boundaries of the local government in which the severe financial emergency exists after giving public notice of the hearing at least 10 days before the date on which the hearing will be held. In addition to the public notice, the panel shall give notice to the governing body of each local government whose jurisdiction overlaps with , or in the case of a city, whose jurisdiction is contiguous to, the jurisdiction of the local government in which the severe financial emergency exists.

      4.  After the public hearing conducted pursuant to subsection 3, the Nevada Tax Commission may adopt the plan as submitted or adopt a revised plan. If the Commission adopts a revised plan, the revised plan must be approved by the members of the Committee serving on the panel described in subsection 3. Any plan adopted pursuant to this section must include the duration for which any new or increased taxes or charges may be collected which must not exceed 5 years.

      5.  Upon adoption of the plan by the Nevada Tax Commission, the local government in which the severe financial emergency exists shall impose or cause to be imposed the additional taxes and charges included in the plan for the duration stated in the plan or until the severe financial emergency has been determined by the [Nevada Tax Commission] Committee to have ceased to exist. Any levy of additional property tax applies to all taxpayers, regardless of whether the taxes previously imposed have been partially or fully paid pursuant to NRS 361.483.

      6.  The allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 does not apply to any additional property tax levied pursuant to this section.

      7.  If a plan fails to satisfy the expenses of the local government to the extent expected, the Committee shall report such failure to:

      (a) The county for consideration of absorption of services; or

      (b) If the local government is a county, to the next regular session of the Legislature.

      8.  For any local government that is found to exist in a severe financial emergency, the Department shall:

      (a) Prepare a report regarding the financial condition of the local government not less frequently than once every 6 months until the severe financial emergency ceases; and

      (b) Not later than 10 days after preparing a report pursuant to paragraph (a), submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Legislative Commission, if the Legislature is not in session.

 


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ê2015 Statutes of Nevada, Page 734 (Chapter 161, AB 54)ê

 

      Sec. 10. NRS 354.715 is hereby amended to read as follows:

      354.715  1.  If a local government or any officer or employee of the local government fails to comply with any request made by the Department pursuant to NRS 354.695, the Department may apply to the district court to compel compliance.

      2.  In any proceeding brought pursuant to subsection 1, the Department may seek a declaration by the district court that the failure to comply with the request of the Department was willful. A willful failure to comply by any:

      (a) Officer of the local government works a forfeiture of his or her office.

      (b) Employee of the local government is grounds for dismissal from his or her employment.

      3.  Any officer or employee of the local government who willfully fails to comply with any request made by the Department pursuant to NRS 354.695 is guilty of a gross misdemeanor.

      Sec. 11. NRS 354.721 is hereby amended to read as follows:

      354.721  1.  The Severe Financial Emergency Fund is hereby created in the State Treasury as a revolving fund. The Executive Director shall administer the Fund.

      2.  The money in the Fund must be invested as other state funds are invested. Any interest and income earned on the money in the Fund must, after deducting any applicable charges, be credited to the Fund.

      3.  Money in the Severe Financial Emergency Fund may be:

      (a) Distributed by the Executive Director as a loan to a local government for the purpose of paying the operating expenses and general obligations of the local government until the local government receives revenues if:

             (1) The Department takes over the management of a local government pursuant to NRS 354.685 to 354.725, inclusive;

             (2) The Executive Director determines that a loan from the Severe Financial Emergency Fund is necessary to pay the operating expenses and general obligations of the local government; and

             (3) The local government adopts a resolution in which the local government agrees to:

                   (I) Use the money only for the purpose of paying the operating expenses and general obligations of the local government until the local government receives revenues; and

                   (II) Repay the entire amount of the loan, without any interest, to the Severe Financial Emergency Fund as soon as practicable, but not later than [12] 24 months after the date on which the resolution is adopted.

      (b) Used for any other purpose authorized by the Legislature.

      4.  A loan approved by the Executive Director must be repaid as soon as practicable by the local government, but the duration of the loan must not exceed [12] 24 months after the date on which the loan was made. The Executive Director shall not charge interest on a loan made pursuant to this section.

      5.  The Executive Director shall report to the Committee on Local Government Finance and to the Nevada Tax Commission as soon as practicable after the date that the loan is approved concerning:

      (a) The status of the loan;

      (b) The purposes for which the local government will use the money from the loan; and

 


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ê2015 Statutes of Nevada, Page 735 (Chapter 161, AB 54)ê

 

      (c) The resources that the local government will use to repay the loan.

      Sec. 12. NRS 354.723 is hereby amended to read as follows:

      354.723  1.  If the Executive Director determines that a severe financial emergency which exists in a local government under management by the Department is unlikely to cease to exist within 3 years, the Executive Director shall determine:

      (a) The amount any tax or mandatory assessment levied by the local government must be raised to ensure a balanced budget for the local government; and

      (b) The manner in which the services provided by the local government must be limited to ensure a balanced budget for the local government,

Ê and submit his or her findings to the Committee.

      2.  The Committee shall review the findings submitted by the Executive Director pursuant to subsection 1. If the Committee determines that the severe financial emergency which exists in the local government is unlikely to cease to exist within 3 years and that the findings made by the Executive Director are appropriate, the Committee shall submit its recommendation and findings to the Nevada Tax Commission. If the Committee determines that the financial emergency is likely to cease to exist within 3 years, that decision is not subject to review by the Nevada Tax Commission.

      3.  The Nevada Tax Commission shall schedule a public hearing [within] not later than 30 days after the Committee submits its recommendation [.] and findings. The Nevada Tax Commission shall provide public notice of the hearing at least 10 days before the date on which the hearing will be held. The Executive Director shall provide copies of all documents relevant to the recommendation and findings of the Committee to the governing body of the local government existing in a severe financial emergency.

      4.  If, after the public hearing, the Nevada Tax Commission [determines that] adopts the recommendation and findings of the Committee [is appropriate,] , the Commission may:

      (a) Require the submission of a question [must be submitted] to the electors of the local government at the next primary or general municipal election or primary or general state election, as applicable, asking whether the local government should be disincorporated or dissolved [.] ; or

      (b) Require the local government to take any other remedial action in accordance with the recommendation and findings of the Committee.

      5.  If the electors of the local government do not approve the disincorporation or dissolution of the local government:

      (a) The maximum ad valorem tax levied within the local government, if any, must be raised to $5 on each $100 of assessed valuation;

      (b) Any other taxes or mandatory assessments levied in the local government, notwithstanding any limitation on those taxes or assessments provided by statute, must be raised in an amount the Nevada Tax Commission determines is necessary to ensure a balanced budget for the local government; and

      (c) The services provided by the local government must be limited in a manner the Nevada Tax Commission determines is necessary to ensure a balanced budget for the local government.

      [5.]6.  If the electors of the local government approve the disincorporation or dissolution of a local government that is:

 


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      (a) Created by another local government, it must be disincorporated or dissolved:

             (1) Pursuant to the applicable provisions of law; or

             (2) If there are no specific provisions of law providing for the disincorporation or dissolution of the local government, by the entity that created the local government. If, at the time of the disincorporation or dissolution of the local government pursuant to this paragraph, there are any outstanding loans or bonded indebtedness of the local government, including, without limitation, loans made to the local government by the county in which the local government is located, the taxes for the payment of the bonds or other indebtedness must continue to be levied and collected in the same manner as if the local government had not been disincorporated or dissolved until all outstanding indebtedness is repaid, but for all other purposes the local government shall be deemed disincorporated or dissolved at the time that the entity which created the local government disincorporates or dissolves the local government. Any other liabilities and any remaining assets shall revert to the entity that created the local government which is being disincorporated or dissolved.

      (b) Created by a special or local act of the Legislature, it may only be disincorporated or dissolved by the Legislature. The Executive Director shall submit notification of the vote approving the disincorporation or dissolution of the local government to the Director of the Legislative Counsel Bureau for transmittal to the Legislature. At the first opportunity, the Legislature shall consider the question of whether the special or local act will be repealed.

      (c) Created in any other manner, it must be disincorporated or dissolved:

             (1) Pursuant to the applicable provisions of law; or

             (2) If there are no specific provisions of law providing for the disincorporation or dissolution of the local government, by the governing body of that local government. If, at the time of the disincorporation or dissolution of the local government pursuant to this paragraph, there are any outstanding loans or bonded indebtedness of the local government, including, without limitation, loans made to the local government by the county or counties in which the local government is located, the taxes for the payment of the bonds or other indebtedness must continue to be levied and collected in the same manner as if the local government had not been disincorporated or dissolved until all outstanding indebtedness is repaid, but for all other purposes the local government shall be deemed disincorporated or dissolved at the time that the governing body of the local government disincorporates or dissolves the local government. Except as otherwise provided in this subparagraph, any other liabilities and any remaining assets of the local government shall revert to the board of county commissioners of the county in which the local government is located. If the local government is located in more than one county, the governing body of the local government shall apportion the remaining liabilities and assets among the boards of county commissioners of the counties in which the local government is located.

      [6.  Within]

      7.  Not later than 10 days after the Nevada Tax Commission [makes a determination] requires the submission of a question to the electors to disincorporate or dissolve a local government pursuant to subsection 4, the Executive Director shall notify:

 

 


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      (a) The city clerk, if the local government is a city; or

      (b) The county clerk in all other cases,

Ê and provide the clerk with the amount any tax or mandatory assessment levied by the local government must be raised and a description of the manner in which the services provided by the local government must be limited to ensure a balanced budget for the local government.

      [7.]8.  After the Executive Director notifies the city clerk or the county clerk, as applicable, pursuant to subsection [6,] 7, the clerk shall cause to be published in a newspaper of general circulation that is printed in the local government a notice of the election once in each calendar week for 2 successive calendar weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the date of the election. If no newspaper is printed in the local government, publication of the notice of election must be made in a newspaper printed in this State and having a general circulation in the local government.

      [8.]9.  The notice required pursuant to subsection [7] 8 must contain the following information:

      (a) That the Nevada Tax Commission has determined that the severe financial emergency which exists in the local government is unlikely to cease to exist within 3 years;

      (b) That the question of whether the local government should be disincorporated or dissolved will be submitted to the electors of the local government at the next primary or general municipal election or the next primary or general state election, as applicable; and

      (c) That if the electors do not approve the disincorporation or dissolution:

            (1) The maximum ad valorem tax levied within the local government, if any, will be raised to $5 on each $100 of assessed valuation;

             (2) Any taxes or mandatory assessment levied in the local government will be raised to ensure a balanced budget for the local government and the amount by which those taxes or mandatory assessments will be raised; and

             (3) The services the local government provides will be limited to ensure a balanced budget for the local government and the manner in which those services will be limited.

      [9.]10.  If any provisions providing generally for the disincorporation or dissolution of the local government require that the question of disincorporating or dissolving be published or submitted to a vote of the electors of the local government, the publication required by subsection 3 and the election required by subsection 4 satisfy those requirements. If:

      (a) There is any other conflict between the provisions of this section and any provisions providing generally for the disincorporation or dissolution of a local government; or

      (b) The provisions providing generally for the disincorporation or dissolution of a local government provide additional rights to protest the disincorporation or dissolution of a local government not provided by this section,

Ê the provisions of this section control a disincorporation or dissolution pursuant to this section and any person wishing to protest such a disincorporation or dissolution must proceed in accordance with the provisions of this section.

 


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      [10.]11.  As used in this section, “local government” does not include a county, a school district or any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

      Sec. 13. NRS 354.725 is hereby amended to read as follows:

      354.725  1.  The Nevada Tax Commission may, on its own motion or at the request of a local government [,] or the Committee, terminate the management of a local government by the Department at any time upon a finding that the severe financial emergency has ceased to exist.

      2.  The governing body of a local government which has complied with all requests made by the Department pursuant to NRS 354.695 may petition the Nevada Tax Commission for termination or modification of the management of the local government by the Department or of any request made by the Department pursuant to NRS 354.695.

      3.  The Commission shall not terminate or modify the management of a local government pursuant to subsection 1 or 2 without first obtaining a recommendation from the Committee as to the termination or modification.

      4.  The Nevada Tax Commission shall provide notice, a hearing and a written decision on each such petition.

      [4.]5.  In determining whether a condition of severe financial emergency should be terminated, the Nevada Tax Commission shall give consideration to the following:

      (a) The local governing body has shown a desire and capability to manage the financial affairs of the local government in accordance with the provisions of NRS.

      (b) The local government has staff available with sufficient financial expertise that they can adequately control the finances of the local government.

      (c) All violations of statutes have been corrected.

      (d) The local government has no funds with deficit fund balances.

      (e) The local government has increased [their] its revenues or made appropriate expenditure reductions so that it is anticipated [they] that it can operate for the next fiscal year in a positive cash and fund balance position [.] without imposing any increased or additional tax pursuant to NRS 354.705.

      (f) The governing body has expressed a determination through a resolution submitted to the Department of Taxation to manage [their] the affairs of the local government in accordance with the provisions of NRS relating to financial matters and utilizing sound accounting and financial management practices.

      [5.]6.  The Nevada Tax Commission may require the governing body to submit special reports to the Department for a period not to exceed 5 years as a condition of terminating the management of the local government by the Department.

      [6.]7.  When a petition relating to a specific request is denied, the governing body may not resubmit a petition to terminate or modify that request until 3 months following the date of denial.

      Sec. 14. NRS 31.010 is hereby amended to read as follows:

      31.010  1.  Except as otherwise provided in subsection 2, the plaintiff at the time of issuing the summons, or at any time thereafter, may apply to the court for an order directing the clerk to issue a writ of attachment and thereby cause the property of the defendant to be attached as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment as provided in this chapter.

 


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thereby cause the property of the defendant to be attached as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment as provided in this chapter.

      2.  If the Department of Taxation has taken over the management of a local government at the request of the local government pursuant to [the provisions of NRS 354.686,] subsection 3 of NRS 354.685, and if a plaintiff is allowed by law to apply to a court for an order directing the clerk to issue a writ of attachment, the [plaintiff must comply with the applicable provisions of NRS 354.701 before applying for such an order.] action must be stayed until the following conditions have been satisfied:

      (a) The plaintiff must meet with the Department to formulate a program for the liquidation of the debt owed by the local government to the plaintiff; and

      (b) The Department must adopt a program for the liquidation of the debt owed by the local government to the plaintiff as described in paragraph (a). The Department shall formulate the program not later than 60 days after meeting with the plaintiff pursuant to paragraph (a). The formulation of the program is a final decision for the purposes of judicial review.

      Sec. 15. NRS 361.4726 is hereby amended to read as follows:

      361.4726  1.  Except as otherwise provided by specific statute, if any legislative act which becomes effective after April 6, 2005, imposes a duty on a taxing entity to levy a new ad valorem tax or to increase the rate of an existing ad valorem tax, the amount of the new tax or increase in the rate of the existing tax is exempt from each partial abatement from taxation provided pursuant to NRS 361.4722, 361.4723 and 361.4724.

      2.  The amount of any tax imposed pursuant to NRS 354.705 and 387.3288 is exempt from each partial abatement from taxation provided pursuant to NRS 361.4722, 361.4723 and 361.4724.

      3.  For the purposes of this section, “taxing entity” does not include the State.

      Sec. 16. NRS 450.090 is hereby amended to read as follows:

      450.090  1.  In any county whose population is 700,000 or more, the board of county commissioners is, ex officio, the board of hospital trustees, and the county commissioners shall serve as hospital trustees during their terms of office as county commissioners.

      2.  In any county whose population is less than 700,000, the board of county commissioners may enact an ordinance providing that the board of county commissioners is, ex officio, the board of hospital trustees. If such an ordinance is enacted in a county:

      (a) The county commissioners shall serve as hospital trustees during their terms of office as county commissioners; and

      (b) If hospital trustees have been elected pursuant to NRS 450.070 and 450.080, the term of office of each hospital trustee who is serving in that capacity on the effective date of the ordinance is terminated as of the effective date of the ordinance.

      3.  A board of county commissioners shall not enact an ordinance pursuant to subsection 2 unless it determines that:

      (a) The county has fully funded its indigent care account created pursuant to NRS 428.010;

      (b) The county has fulfilled its duty to reimburse the hospital for indigent care provided to qualified indigent patients; and

 


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      (c) During the previous calendar year:

             (1) At least one of the hospital’s accounts payable was more than 90 days in arrears;

             (2) The hospital failed to fulfill its statutory financial obligations, such as the payment of taxes, premiums for industrial insurance or contributions to the Public Employees’ Retirement System;

             (3) One or more of the conditions relating to financial emergencies set forth in subsection [1] 2 of NRS 354.685 existed at the hospital; or

             (4) The hospital received notice from the Federal Government or the State of Nevada that the certification or licensure of the hospital was in imminent jeopardy of being revoked because the hospital had not carried out a previously established plan of action to correct previously noted deficiencies found by the regulatory body.

      4.  Except in counties where the board of county commissioners is the board of hospital trustees, in any county whose population is 100,000 or more but less than 700,000, the board of hospital trustees for the public hospital must be composed of the five regularly elected or appointed members, and, in addition, three county commissioners selected by the chair of the board of county commissioners shall serve as voting members of the board of hospital trustees during their terms of office as county commissioners.

      5.  Except in counties where the board of county commissioners is the board of hospital trustees, in any county whose population is less than 100,000, the board of hospital trustees for the public hospital must be composed of the five regularly elected or appointed members, and, in addition, the board of county commissioners may, by resolution, provide that:

      (a) One county commissioner selected by the chair of the board of county commissioners shall serve as a voting member of the board of hospital trustees during his or her term of office as county commissioner;

      (b) A physician who is the chief of the staff of physicians for the public hospital shall serve as a voting member of the board of hospital trustees; or

      (c) Both a county commissioner appointed pursuant to the provisions of paragraph (a) and a physician appointed pursuant to the provisions of paragraph (b) shall serve as voting members of the board of hospital trustees.

Ê The term of office of a member appointed pursuant to the provisions of paragraph (b) is 2 years and begins on the date the board of county commissioners appoints the member.

      Sec. 17. NRS 450.620 is hereby amended to read as follows:

      450.620  1.  Except as otherwise provided in subsection 2 and NRS 450.625, if a hospital district is created pursuant to NRS 450.550 to 450.750, inclusive, the board of county commissioners shall provide by ordinance for:

      (a) The number of members of the board of trustees;

      (b) The term of office of the trustees, which must not exceed 4 years; and

      (c) The times and manner of the election of the trustees, which must be nonpartisan.

 

 

 

 


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      2.  If a hospital district specified in subsection 1 does not include territory within more than one county, the board of county commissioners may enact an ordinance providing that the board of county commissioners is, ex officio, the board of hospital trustees of the district hospital. If such an ordinance is enacted in a county:

      (a) The county commissioners shall serve as the hospital trustees of the district hospital during their terms of office as county commissioners; and

      (b) If hospital trustees have been elected pursuant to subsection 1, the term of office of each hospital trustee of the district hospital who is serving in that capacity on the effective date of the ordinance is terminated as of the effective date of the ordinance.

      3.  Except as otherwise provided in NRS 450.710, a board of county commissioners shall not enact an ordinance pursuant to subsection 2 unless it determines that:

      (a) The county has fully funded its indigent care account created pursuant to NRS 428.010;

      (b) The county has fulfilled its duty to reimburse the hospital for indigent care provided to qualified indigent patients; and

      (c) During the previous calendar year:

             (1) At least one of the hospital’s accounts payable was more than 90 days in arrears;

             (2) The hospital failed to fulfill its statutory financial obligations, including the payment of taxes, premiums for industrial insurance or contributions to the Public Employees’ Retirement System;

             (3) One or more of the conditions relating to financial emergencies set forth in subsection [1] 2 of NRS 354.685 existed at the hospital; or

             (4) The hospital received notice from the Federal Government or the State of Nevada that the certification or license of the hospital was in imminent jeopardy of being revoked because the hospital had not carried out a previously established plan of action to correct previously noted deficiencies found by the regulatory body.

      Sec. 18.  The Committee on Local Government Finance shall, at its next regular meeting after the effective date of this act, elect from among its members a Chair and Vice Chair pursuant to NRS 354.105, as amended by section 1 of this act.

      Sec. 18.3.  If a court of competent jurisdiction finds that any provision of this act conflicts with and cannot be harmonized with any provisions of the Local Government Securities Law, as set forth in NRS 350.500 to 350.720, inclusive, the provisions of the Local Government Securities Law shall be deemed to control to the extent of the conflicts.

      Sec. 18.7. 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. 19. NRS 354.686 and 354.701 are hereby repealed.

      Sec. 20.  This act becomes effective upon passage and approval.

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CHAPTER 162, AB 81

Assembly Bill No. 81–Committee on Health and Human Services

 

CHAPTER 162

 

[Approved: May 25, 2015]

 

AN ACT relating to specialty court programs; revising provisions governing programs of treatment for the abuse of alcohol or drugs; defining the term “treatment provider”; replacing certain references to a facility for the treatment of alcohol or drugs with the term “treatment provider”; authorizing a court to allow a person to complete treatment for the abuse of alcohol or drugs under the supervision of a treatment provider in another jurisdiction in certain circumstances; requiring a treatment provider to comply with the requirements of a specialty court in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that in certain circumstances, an alcoholic or a drug addict who has been convicted of a crime is eligible to elect to be assigned by the court to a program of treatment for the abuse of alcohol or drugs before he or she is sentenced. (NRS 458.300) If the court finds that the person is eligible to make such an election, the court is required to hold a hearing before it sentences the person to determine whether the person should receive treatment under the supervision of a state-approved facility for the treatment of alcohol or drugs. (NRS 458.310) Section 11 of this bill defines the term “treatment provider” as a public or private agency, residential treatment center, facility for the treatment of abuse of alcohol or drugs, voluntary organization which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services, or a licensed or certified psychologist, marriage and family therapist, social worker or alcohol, drug and gambling counselor. Sections 12-19 and 21-24 of this bill replace certain references to the term “facility” in chapter 458 of NRS with the term “treatment provider.” Sections 9, 10 and 26.5 of this bill provide that if a court places a person under the supervision of a treatment provider to receive treatment, the court may, in certain circumstances, authorize the person to complete any period of treatment remaining under the supervision of a treatment provider in another jurisdiction. Sections 9 and 21 revise the duties of the court when the court offers the election of a treatment program to a person. Section 22 provides that if a person makes such an election to participate in a treatment program and the court has a specialty court for the supervision and monitoring of the person, the treatment provider must comply with the requirements of the specialty court.

      Existing law also allows certain offenders found guilty of driving under the influence of alcohol or a prohibited substance to apply to the court to undergo a program of treatment for alcoholism and drug abuse. (NRS 484C.320, 484C.330, 484C.340) Sections 27-34 of this bill replace the term “treatment facility” for the purposes of chapter 484C of NRS with the term “treatment provider.” Sections 28-30 also revise the duties of the court upon determining that an application for treatment should be granted.

      Sections 8, 9, 25 and 26 of this bill generally replace references to facilities for the treatment of abuse of alcohol or drugs in other chapters of NRS with the term “treatment provider.”

 


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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 1-7. (Deleted by amendment.)

      Sec. 8. NRS 453.336 is hereby amended to read as follows:

      453.336  1.  Except as otherwise provided in subsection 5, a person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practice registered nurse or veterinarian while acting in the course of his or her professional practice, or except as otherwise authorized by the provisions of NRS 453.005 to 453.552, inclusive.

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

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

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

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

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

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

      4.  Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of 1 ounce or less of marijuana:

      (a) For the first offense, is guilty of a misdemeanor and shall be:

             (1) Punished by a fine of not more than $600; or

             (2) Examined by [an approved facility for the treatment of abuse of drugs] a treatment provider approved by the court to determine whether the person is a drug addict and is likely to be rehabilitated through treatment and, if the examination reveals that the person is a drug addict and is likely to be rehabilitated through treatment, assigned to a program of treatment and rehabilitation pursuant to NRS 453.580. As used in this subparagraph, “treatment provider” has the meaning ascribed to it in NRS 458.010.

      (b) For the second offense, is guilty of a misdemeanor and shall be:

 


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             (1) Punished by a fine of not more than $1,000; or

             (2) Assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.

      (c) For the third offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140.

      (d) For a fourth or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      5.  It is not a violation of this section if a person possesses a trace amount of a controlled substance and that trace amount is in or on a hypodermic device obtained from a sterile hypodermic device program pursuant to NRS 439.985 to 439.994, inclusive.

      6.  As used in this section:

      (a) “Controlled substance” includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.

      (b) “Sterile hypodermic device program” has the meaning ascribed to it in NRS [439.943.] 439.986.

      Sec. 9. NRS 453.580 is hereby amended to read as follows:

      453.580  1.  A court may establish an appropriate treatment program to which it may assign a person pursuant to subsection 4 of NRS 453.336, NRS 453.3363 or 458.300, or it may assign such a person to an appropriate [facility for the treatment of abuse of alcohol or drugs which is certified by the Division of Public and Behavioral Health of the Department.] treatment provider. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the person is making satisfactory progress toward completion of the program.

      2.  A program to which a court assigns a person pursuant to subsection 1 must include:

      (a) Information and encouragement for the participant to cease abusing alcohol or using controlled substances through educational, counseling and support sessions developed with the cooperation of various community, health, substance abuse, religious, social service and youth organizations;

      (b) The opportunity for the participant to understand the medical, psychological and social implications of substance abuse; and

      (c) Alternate courses within the program based on the different substances abused and the addictions of participants.

      3.  If the offense with which the person was charged involved the use or possession of a controlled substance, in addition to the program or as a part of the program, the court must also require [frequent urinalysis] random testing or screening to determine that the person is not using a controlled substance. [The court shall specify how frequent such examinations must be and how many must be successfully completed, independently of other requisites for successful completion of the program.]

      4.  Before the court assigns a person to a program pursuant to this section, the person must agree to pay the cost of the program to which the person is assigned and the cost of any additional supervision required pursuant to subsection 3, to the extent of the financial resources of the person. If the person does not have the financial resources to pay all of the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a program [at a facility] with a treatment provider that receives a sufficient amount of federal or state funding to offset the remainder of the costs.

 


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to be assigned to a program [at a facility] with a treatment provider that receives a sufficient amount of federal or state funding to offset the remainder of the costs.

      5.  If a court places a person under the supervision of a treatment provider to receive treatment for the abuse of alcohol or use of controlled substances pursuant to this section, the court may authorize the person to complete any period of treatment remaining under the supervision of a treatment provider in another jurisdiction if the court determines that:

      (a) The person is eligible to receive treatment under a program of treatment in the other jurisdiction; and

      (b) The program of treatment in the other jurisdiction is substantially similar to the program of treatment to which the person is assigned in this State.

      6.  As used in this section:

      (a) “Treatment provider” has the meaning ascribed to it in NRS 458.010.

      (b) “Treatment provider in another jurisdiction” means a person or a public or private agency, residential treatment center, facility for the treatment of abuse of alcohol or drugs, or voluntary organization which holds a license, certificate or other credential issued by a regulatory agency in another jurisdiction.

      Sec. 10. Chapter 458 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a court places a person under the supervision of a treatment provider to receive treatment for the abuse of alcohol or drugs pursuant to NRS 458.290 to 458.350, inclusive, the court may authorize the person to complete any period of treatment remaining under the supervision of a treatment provider in another jurisdiction if the court determines that:

      (a) The person is eligible to receive treatment under a program of treatment in the other jurisdiction; and

      (b) The program of treatment in the other jurisdiction is substantially similar to the program of treatment to which the person is assigned in this State.

      2.  As used in this section, “treatment provider in another jurisdiction” means a person or a public or private agency, residential treatment center, facility for the treatment of abuse of alcohol or drugs, or voluntary organization which holds a license, certificate or other credential issued by a regulatory agency in another jurisdiction.

      Sec. 11. NRS 458.010 is hereby amended to read as follows:

      458.010  As used in NRS 458.010 to 458.350, inclusive, and section 10 of this act, unless the context requires otherwise:

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

      2.  “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.

      3.  “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects the ability of the person to function socially or economically.

      4.  “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that the person endangers the health, safety or welfare of himself or herself or any other person or group of persons.

 


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      5.  “Civil protective custody” means a custodial placement of a person to protect the health or safety of the person. Civil protective custody does not have any criminal implication.

      6.  “Detoxification technician” means a person who is certified by the Division to provide screening for the safe withdrawal from alcohol and other drugs.

      7.  “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      8.  “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.

      9.  “Treatment provider” means a public or private agency, residential treatment center, facility for the treatment of abuse of alcohol or drugs, voluntary organization which is certified by the Division or a practitioner licensed or certified pursuant to chapter 641, 641A, 641B or 641C of NRS.

      Sec. 12. NRS 458.025 is hereby amended to read as follows:

      458.025  The Division:

      1.  Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:

      (a) A survey of the need for prevention and treatment of alcohol and drug abuse, including a survey of the [facilities] treatment providers needed to provide services and a plan for the development and distribution of services and programs throughout this State.

      (b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.

      (c) A survey of the need for persons who have professional training in fields of health and other persons involved in the prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, and a plan to provide the necessary treatment.

Ê In developing and revising the state plan, the Division shall consider, without limitation, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for alcohol and drug abuse programs.

      2.  Shall coordinate the efforts to carry out the state plan and coordinate all state and federal financial support of alcohol and drug abuse programs in this State.

      3.  Must be consulted in the planning of projects and advised of all applications for grants from within this State which are concerned with alcohol and drug abuse programs, and shall review the applications and advise the applicants concerning the applications.

      4.  Shall certify or deny certification of detoxification technicians or any facilities or programs on the basis of the standards established by the Division pursuant to this section, and publish a list of certified detoxification technicians, facilities and programs. Any detoxification technicians, facilities or programs which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The Division shall adopt regulations. The regulations:

      (a) Must prescribe the requirements for continuing education for persons certified as detoxification technicians; and

      (b) May prescribe the fees for the certification of detoxification technicians, facilities or programs. A fee prescribed pursuant to this paragraph must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may a fee for a certificate exceed the actual cost to the Division of issuing the certificate.

 


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paragraph must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may a fee for a certificate exceed the actual cost to the Division of issuing the certificate.

      5.  Upon request from a facility which is self-supported, may certify the facility, its programs and detoxification technicians and add them to the list described in subsection 4.

      Sec. 13. NRS 458.080 is hereby amended to read as follows:

      458.080  The Division may, by contracting with organized groups, render partial financial assistance [in the operation of facilities] for treatment providers established by these groups. Each such contract must contain a provision allowing for an audit of all accounts, books and other financial records of the organization with which the agency contracts.

      Sec. 14. (Deleted by amendment.)

      Sec. 15. NRS 458.125 is hereby amended to read as follows:

      458.125  1.  The Division shall prepare requests for proposals for the provision by [facilities] treatment providers of:

      (a) Residential treatment of adolescents who engage in substance abuse;

      (b) Outpatient treatment of adolescents who engage in substance abuse;

      (c) Comprehensive evaluations of adolescents with problems relating to substance abuse or mental illness, or both; and

      (d) Transitional housing for adolescents who engage in substance abuse.

      2.  Upon accepting a proposal submitted in accordance with this section, the Division may advance not more than 8 percent of the amount of the proposal to the [facility] treatment provider that submitted the proposal to help defray the costs of starting the provision of the services, including, without limitation, the cost of beds, equipment and rental space for expansion.

      3.  The Division shall establish such requirements for the requests for proposals as it determines necessary.

      4.  The Division shall hire, to the extent of legislative authorization, such staff as it determines necessary to carry out the provisions of this section and NRS 458.131.

      Sec. 16. NRS 458.131 is hereby amended to read as follows:

      458.131  The Division shall, on or before September 1 of each odd-numbered year, submit to the Director of the Department of Health and Human Services a report covering the biennium ending on June 30 of that year. The report must include:

      1.  The name of each [facility] treatment provider that received money pursuant to NRS 458.125 during the biennium, and the amount of money that each [facility] treatment provider received for each type of service provided;

      2.  If a [facility] treatment provider received money pursuant to NRS 458.125 during the biennium to help defray the costs of starting the provision of services, the name of the [facility,] treatment provider, the amount of money received and an accounting of how the money was used;

      3.  The number of adolescents who received any of the services described in NRS 458.125 from those [facilities] treatment providers during the biennium, and the number of adolescents who were receiving those services as of the end of the biennium; and

      4.  As of the end of the biennium:

      (a) The number of adolescents on waiting lists to receive the services described in NRS 458.125; and

 


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      (b) An estimate of the number of other adolescents in this State who are in need of the services described in NRS 458.125.

      Sec. 17. (Deleted by amendment.)

      Sec. 18. NRS 458.270 is hereby amended to read as follows:

      458.270  1.  Except as otherwise provided in subsection 7, a person who is found in any public place under the influence of alcohol, in such a condition that the person is unable to exercise care for his or her health or safety or the health or safety of other persons, must be placed under civil protective custody by a peace officer.

      2.  A peace officer may use upon such a person the kind and degree of force which would be lawful if the peace officer were effecting an arrest for a misdemeanor with a warrant.

      3.  If a licensed facility for the treatment of persons who abuse alcohol that has been certified by the Division for civil protective custody exists in the community where the person is found, the person must be delivered to the facility for observation and care. If no such facility exists in the community, the person so found may be placed in a county or city jail or detention facility for shelter or supervision for his or her health and safety until he or she is no longer under the influence of alcohol. The person may not be required against his or her will to remain in a licensed facility, jail or detention facility longer than 48 hours.

      4.  An intoxicated person taken into custody by a peace officer for a public offense must immediately be taken to a secure detoxification unit or other appropriate medical facility if the condition of the person appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, the person must immediately be remanded to the custody of the apprehending peace officer and the criminal proceedings proceed as prescribed by law.

      5.  The placement of a person found under the influence of alcohol in civil protective custody must be:

      (a) Recorded at the facility, jail or detention facility to which the person is delivered; and

      (b) Communicated at the earliest practical time to the person’s family or next of kin if they can be located.

      6.  Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.

      7.  The provisions of this section do not apply to a person who is apprehended or arrested for:

      (a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;

      (b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;

      (c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and

      (d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.

 


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      Sec. 19. NRS 458.280 is hereby amended to read as follows:

      458.280  1.  Except as otherwise provided in subsection 2, NRS 439.538, 442.300 to 442.330, inclusive, and 449.705 and chapter 629 of NRS, the registration and other records of a treatment facility and treatment provider are confidential and must not be disclosed to any person not connected with the treatment facility or treatment provider without the consent of the patient.

      2.  The provisions of subsection 1 do not restrict the use of a patient’s records for the purpose of research into the causes and treatment of alcoholism if such information is:

      (a) Not published in a way that discloses the patient’s name or other identifying information; or

      (b) Disclosed pursuant to NRS 439.538.

      Sec. 20. NRS 458.300 is hereby amended to read as follows:

      458.300  Subject to the provisions of NRS 458.290 to 458.350, inclusive, and section 10 of this act, an alcoholic or a drug addict who has been convicted of a crime is eligible to elect to be assigned by the court to a program of treatment for the abuse of alcohol or drugs pursuant to NRS 453.580 before he or she is sentenced unless:

      1.  The crime is:

      (a) A crime against the person punishable as a felony or gross misdemeanor as provided in chapter 200 of NRS;

      (b) A crime against a child as defined in NRS 179D.0357;

      (c) A sexual offense as defined in NRS 179D.097; or

      (d) An act which constitutes domestic violence as set forth in NRS 33.018;

      2.  The crime is that of trafficking of a controlled substance;

      3.  The crime is a violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430;

      4.  The alcoholic or drug addict has a record of two or more convictions of a crime described in subsection 1 or 2, a similar crime in violation of the laws of another state, or of three or more convictions of any felony;

      5.  Other criminal proceedings alleging commission of a felony are pending against the alcoholic or drug addict;

      6.  The alcoholic or drug addict is on probation or parole and the appropriate parole or probation authority does not consent to the election; or

      7.  The alcoholic or drug addict elected and was admitted, pursuant to NRS 458.290 to 458.350, inclusive, and section 10 of this act to a program of treatment not more than twice within the preceding 5 years.

      Sec. 21. NRS 458.310 is hereby amended to read as follows:

      458.310  1.  If the court has reason to believe that a person who has been convicted of a crime is an alcoholic or drug addict, or the person states that he or she is an alcoholic or drug addict, and the court finds that the person is eligible to make the election provided for in NRS 458.300, the court shall hold a hearing before it sentences the person to determine whether or not the person should receive treatment under the supervision of a [state-approved facility for the treatment of abuse of alcohol or drugs.] treatment provider approved by the court. The district attorney may present the court with any evidence concerning the advisability of permitting the person to make the election.

      2.  At the hearing the court shall advise the person that sentencing will be postponed if he or she elects to submit to treatment and is accepted for treatment by a [state-approved facility.]

 


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treatment by a [state-approved facility.] treatment provider approved by the court. In offering the election, the court shall advise the person that:

      (a) The court may impose any conditions upon the election of treatment that could be imposed as conditions of probation;

      (b) If the person elects to submit to treatment and is accepted, he or she may be placed under the supervision of the [facility] treatment provider for a period of not less than 1 year nor more than 3 years;

      (c) [During treatment the person may be confined in an institution or, at the discretion of the facility, released for] The court may order the person to be admitted to a residential treatment facility or to be provided with outpatient treatment [or supervised care] in the community; and

      (d) If the person satisfactorily completes treatment and satisfies the conditions upon the election of treatment, as determined by the court, the conviction will be set aside, but if the person does not satisfactorily complete the treatment and satisfy the conditions, he or she may be sentenced and the sentence executed.

      Sec. 22. NRS 458.320 is hereby amended to read as follows:

      458.320  1.  If the court, after a hearing, determines that a person is entitled to accept the treatment offered pursuant to NRS 458.310, the court shall order [an approved facility for the treatment of abuse of alcohol or drugs] a treatment provider approved by the court to conduct an [examination] evaluation of the person to determine whether the person is an alcoholic or drug addict and is likely to be rehabilitated through treatment. The [facility] treatment provider shall report to the court the results of the [examination] evaluation and recommend whether the person should be placed under supervision for treatment.

      2.  If the court, acting on the report or other relevant information, determines that the person is not an alcoholic or drug addict, is not likely to be rehabilitated through treatment or is otherwise not a good candidate for treatment, the person may be sentenced and the sentence executed.

      3.  If the court determines that the person is an alcoholic or drug addict, is likely to be rehabilitated through treatment and is a good candidate for treatment, the court may:

      (a) Impose any conditions to the election of treatment that could be imposed as conditions of probation;

      (b) Defer sentencing until such time, if any, as sentencing is authorized pursuant to NRS 458.330; and

      (c) Place the person under the supervision of [an approved facility] a treatment provider approved by the court for treatment for not less than 1 year nor more than 3 years.

Ê The court may require such progress reports on the treatment of the person as it deems necessary. If the court has a specialty court program for the supervision and monitoring of the person, the treatment provider must comply with the requirements of the specialty court, including, without limitation, any requirement to submit progress reports to the specialty court.

      4.  A person who is placed under the supervision of [an approved facility] a treatment provider approved by the court for treatment shall pay the cost of the program of treatment to which the person is assigned and the cost of any additional supervision that may be required, to the extent of his or her financial resources. The court may issue a judgment in favor of the [court or facility for] treatment provider for the costs of the treatment and supervision which remain unpaid at the conclusion of the treatment.

 


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supervision which remain unpaid at the conclusion of the treatment. Such a judgment constitutes a lien in like manner as a judgment for money rendered in a civil action, but in no event may the amount of the judgment include any amount of the debt which was extinguished by the successful completion of community service pursuant to subsection 5.

      5.  If the person who is placed under the supervision of [an approved facility] a treatment provider approved by the court for treatment does not have the financial resources to pay all of the related costs:

      (a) The court shall, to the extent practicable, arrange for the person to be assigned to a program [at a facility] with a treatment provider that receives a sufficient amount of federal or state funding to offset the remainder of the costs; and

      (b) The court may order the person to perform supervised community service in lieu of paying the remainder of the costs relating to the treatment and supervision of the person. The community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the person to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the person performs the community service, unless, in the case of industrial insurance, it is provided by the authority for which the person performs the community service.

      6.  No person may be placed under the supervision of a [facility] treatment provider under this section unless the [facility] treatment provider accepts the person for treatment.

      Sec. 23. NRS 458.330 is hereby amended to read as follows:

      458.330  1.  Whenever a person is placed under the supervision of a treatment [facility,] provider, including a treatment provider in another jurisdiction pursuant to section 10 of this act, the person’s sentencing must be deferred and the person’s conviction must be set aside if [the] :

      (a) The treatment [facility] provider certifies to the court that the person has satisfactorily completed the treatment program ; [,] and [the]

      (b) The court approves the certification and determines that the conditions upon the election of treatment have been satisfied.

      2.  If, upon the expiration of the treatment period, the treatment [facility] provider has yet to certify that the person has completed his or her treatment program, the court shall sentence the person. If the person has satisfied the conditions to the election of treatment and the court believes that the person will complete his or her treatment on a voluntary basis, it may, in its discretion, set the conviction aside.

      3.  If, before the treatment period expires, the treatment [facility] provider determines that the person is not likely to benefit from further treatment [at the facility,] with the treatment provider, it shall so advise the court. The court shall then:

      (a) Arrange for the transfer of the person to a more suitable treatment [facility,] provider, if any; or

      (b) Terminate the supervision and conduct a hearing to determine whether the person should be sentenced.

 


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Ê Whenever a person is sentenced under this section, time spent in [institutional care] inpatient treatment must be deducted from any sentence imposed.

      4.  Upon satisfactory completion of the treatment program, the court shall order sealed all documents, papers and exhibits in the person’s record, minute book entries and entries on dockets, and other documents related to the case in the custody of such other agencies and officers as are named in the court’s order. The court shall order those records sealed without a hearing unless the prosecution petitions the court, for good cause shown, not to seal the records and requests a hearing thereon. When the court orders sealed the records of a person pursuant to this subsection, the court shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order. The provisions of this subsection apply only to the offense for which the person has been placed into treatment pursuant to NRS 458.290 to 458.350, inclusive [.] and section 10 of this act.

      Sec. 24. NRS 458.350 is hereby amended to read as follows:

      458.350  The provisions of NRS 458.290 to 458.350, inclusive, and section 10 of this act do not require the State or any of its political subdivisions to establish or finance any [facility] treatment provider for the treatment of abuse of alcohol or drugs.

      Sec. 25. NRS 62A.340 is hereby amended to read as follows:

      62A.340  “Treatment [facility” means a facility for the treatment of abuse of alcohol or drugs that is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.] provider” has the meaning ascribed to it in NRS 458.010.

      Sec. 26. NRS 62E.620 is hereby amended to read as follows:

      62E.620  1.  The juvenile court shall order a delinquent child to undergo an evaluation to determine whether the child is an abuser of alcohol or other drugs if the child committed:

      (a) An unlawful act in violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430;

      (b) The unlawful act of using, possessing, selling or distributing a controlled substance; or

      (c) The unlawful act of purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020.

      2.  Except as otherwise provided in subsection 3, an evaluation of the child must be conducted by:

      (a) A clinical alcohol and drug abuse counselor who is licensed, an alcohol and drug abuse counselor who is licensed or certified, or an alcohol and drug abuse counselor intern or a clinical alcohol and drug abuse counselor intern who is certified, pursuant to chapter 641C of NRS, to make that classification; or

      (b) A physician who is certified to make that classification by the Board of Medical Examiners.

      3.  If the child resides in this State but the nearest location at which an evaluation may be conducted is in another state, the court may allow the evaluation to be conducted in the other state if the person conducting the evaluation:

      (a) Possesses qualifications that are substantially similar to the qualifications described in subsection 2;

 


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      (b) Holds an appropriate license, certificate or credential issued by a regulatory agency in the other state; and

      (c) Is in good standing with the regulatory agency in the other state.

      4.  The evaluation of the child may be conducted at an evaluation center.

      5.  The person who conducts the evaluation of the child shall report to the juvenile court the results of the evaluation and make a recommendation to the juvenile court concerning the length and type of treatment required for the child.

      6.  The juvenile court shall:

      (a) Order the child to undergo a program of treatment as recommended by the person who conducts the evaluation of the child.

      (b) Require the treatment [facility] provider to submit monthly reports on the treatment of the child pursuant to this section.

      (c) Order the child or the parent or guardian of the child, or both, to the extent of their financial ability, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child or the parent or guardian of the child, or both, do not have the financial resources to pay all those charges:

             (1) The juvenile court shall, to the extent possible, arrange for the child to receive treatment from a treatment [facility] provider which receives a sufficient amount of federal or state money to offset the remainder of the costs; and

             (2) The juvenile court may order the child, in lieu of paying the charges relating to the child’s evaluation and treatment, to perform community service.

      7.  After a treatment [facility] provider has certified a child’s successful completion of a program of treatment ordered pursuant to this section, the treatment [facility] provider is not liable for any damages to person or property caused by a child who:

      (a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engages in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of any other jurisdiction that prohibits the same or similar conduct.

      8.  The provisions of this section do not prohibit the juvenile court from:

      (a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the Division of Public and Behavioral Health of the Department of Health and Human Services. The evaluation may be conducted at an evaluation center.

      (b) Ordering the child to attend a program of treatment which is administered by a private company.

      9.  Except as otherwise provided in NRS 239.0115, all information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this title or the juvenile court, must not be disclosed to any person other than:

      (a) The juvenile court;

      (b) The child;

      (c) The attorney for the child, if any;

      (d) The parents or guardian of the child;

      (e) The district attorney; and

 


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      (f) Any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child.

      10.  A record of any finding that a child has violated the provisions of NRS 484C.110, 484C.120, 484C.130 or 484C.430 must be included in the driver’s record of that child for 7 years after the date of the offense.

      Sec. 26.5. Chapter 484C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a court places a person under the supervision of a treatment provider to receive treatment for the abuse of alcohol or drugs pursuant to NRS 484C.320, 484C.330, 484C.340 or 484C.360, the court may authorize the person to complete any period of treatment remaining under the supervision of a treatment provider in another jurisdiction if the court determines that:

      (a) The person is eligible to receive treatment under a program of treatment in the other jurisdiction; and

      (b) The program of treatment in the other jurisdiction is substantially similar to the program of treatment to which the person is assigned in this State.

      2.  As used in this section, “treatment provider in another jurisdiction” means a person or a public or private agency, residential treatment center, facility for the treatment of abuse of alcohol or drugs, or voluntary organization which holds a license, certificate or other credential issued by a regulatory agency.

      Sec. 27. NRS 484C.100 is hereby amended to read as follows:

      484C.100  “Treatment [facility” means a facility for the treatment of abuse of alcohol or drugs, which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.] provider” has the meaning ascribed to it in NRS 458.010.

      Sec. 28. NRS 484C.320 is hereby amended to read as follows:

      484C.320  1.  An offender who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, other than an offender who is found to have a concentration of alcohol of 0.18 or more in his or her blood or breath, may, at that time or any time before the offender is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse [which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services] for at least 6 months. The court shall authorize that treatment if:

      (a) The offender is diagnosed as an alcoholic or abuser of drugs by:

             (1) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis; or

             (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;

      (b) The offender agrees to pay the cost of the treatment to the extent of his or her financial resources; and

      (c) The offender has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 24 hours of community service.

      2.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.

 


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the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.

      3.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.

      4.  If the court grants an application for treatment, the court shall:

      (a) Immediately sentence the offender and enter judgment accordingly.

      (b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment [facility,] provider that is approved by the court, that the offender complete the treatment satisfactorily and that the offender comply with any other condition ordered by the court. If the court has a specialty court program for the supervision and monitoring of the person, the treatment provider must comply with the requirements of the specialty court, including, without limitation, any requirement to submit progress reports to the specialty court.

      (c) Advise the offender that:

             (1) [If the offender is accepted for treatment by such a facility, he] He or she may be placed under the supervision of [the facility] a treatment provider for a period not to exceed 3 years . [and during treatment the offender may be confined in an institution or, at the discretion of the facility, released for]

             (2) The court may order the offender to be admitted to a residential treatment facility or to be provided with outpatient treatment [or supervised aftercare] in the community.

             [(2)](3) If the offender [is not accepted for treatment by such a facility or he or she] fails to complete the program of treatment satisfactorily, the offender shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which the offender served before beginning treatment.

             [(3)](4) If the offender completes the treatment satisfactorily, the offender’s sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in NRS 484C.400, but the conviction must remain on the record of criminal history of the offender.

      5.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

      (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.

      (b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.

      6.  The court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his or her failure to be accepted for or complete treatment.

      Sec. 29. NRS 484C.330 is hereby amended to read as follows:

      484C.330  1.  An offender who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484C.400 may, at that time or any time before the offender is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse [which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services] for at least 1 year .

 


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offender is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse [which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services] for at least 1 year . The court shall authorize that treatment if:

      (a) The offender is diagnosed as an alcoholic or abuser of drugs by:

             (1) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis; or

             (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;

      (b) The offender agrees to pay the costs of the treatment to the extent of his or her financial resources; and

      (c) The offender has served or will serve a term of imprisonment in jail of 5 days and, if required pursuant to NRS 484C.400, has performed or will perform not less than one-half of the hours of community service.

      2.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.

      3.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.

      4.  If the court [determines that] grants an application for treatment , [should be granted,] the court shall:

      (a) Immediately sentence the offender and enter judgment accordingly.

      (b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment [facility,] provider that is approved by the court, that the offender complete the treatment satisfactorily and that the offender comply with any other condition ordered by the court. If the court has a specialty court program for the supervision and monitoring of the person, the treatment provider must comply with the requirements of the specialty court, including, without limitation, any requirement to submit progress reports to the specialty court.

      (c) Advise the offender that:

             (1) [If the offender is accepted for treatment by such a facility, he] He or she may be placed under the supervision of the [facility] treatment provider for a period not to exceed 3 years . [and during treatment the offender may be confined in an institution or, at the discretion of the facility, released for]

             (2) The court may order the offender to be admitted to a residential treatment facility or to be provided with outpatient treatment [or supervised aftercare] in the community.

             [(2)](3) If the offender [is not accepted for treatment by such a facility or he or she] fails to complete the program of treatment satisfactorily, the offender shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which the offender served before beginning treatment.

             [(3)](4) If the offender completes the treatment satisfactorily, the offender’s sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484C.400, but the conviction must remain on the record of criminal history of the offender.

 


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ê2015 Statutes of Nevada, Page 757 (Chapter 162, AB 81)ê

 

a fine of not more than the minimum provided for the offense in NRS 484C.400, but the conviction must remain on the record of criminal history of the offender.

      5.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

      (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.

      (b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.

      6.  The court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his or her failure to be accepted for or complete treatment.

      Sec. 30. NRS 484C.340 is hereby amended to read as follows:

      484C.340  1.  An offender who enters a plea of guilty or nolo contendere to a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400 may, at the time the offender enters a plea, apply to the court to undergo a program of treatment for alcoholism or drug abuse [which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services] for at least 3 years . The court may authorize that treatment if:

      (a) The offender is diagnosed as an alcoholic or abuser of drugs by:

             (1) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis; or

             (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners; and

      (b) The offender agrees to pay the costs of the treatment to the extent of his or her financial resources.

Ê An alcohol and drug abuse counselor, a clinical alcohol and drug abuse counselor or a physician who diagnoses an offender as an alcoholic or abuser of drugs shall make a report and recommendation to the court concerning the length and type of treatment required for the offender.

      2.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.

      3.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter and other information before the court.

      4.  If the court determines that an application for treatment should be granted, the court shall:

      (a) Immediately, without entering a judgment of conviction and with the consent of the offender, suspend further proceedings and place the offender on probation for not more than 5 years . [upon the condition that the offender be accepted for treatment by a treatment facility, that the offender complete the treatment satisfactorily and that the offender comply with any other condition ordered by the court.]

      (b) Order the offender to complete a program of treatment for alcoholism or drug abuse with a treatment provider approved by the court. If the court has a specialty court program for the supervision and monitoring of the person, the treatment provider must comply with the requirements of the specialty court, including, without limitation, any requirement to submit progress reports to the specialty court.

 


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ê2015 Statutes of Nevada, Page 758 (Chapter 162, AB 81)ê

 

monitoring of the person, the treatment provider must comply with the requirements of the specialty court, including, without limitation, any requirement to submit progress reports to the specialty court.

      (c) Advise the offender that:

             (1) [If the offender is accepted for treatment by such a facility, he] He or she may be placed under the supervision of [the facility] a treatment provider for not more than 5 years . [and during treatment]

             (2) The court may order the offender [may] to be [confined in an institution or, at the discretion of the] admitted to a residential treatment facility [, released for] or to be provided with outpatient treatment [or supervised aftercare] in the community.

             [(2) If the offender is not accepted for treatment by such a treatment facility, or if he or she fails to complete the treatment satisfactorily, the]

             (3) The court will enter a judgment of conviction for a violation of paragraph (c) of subsection 1 of NRS 484C.400 [.] if a treatment provider fails to accept the offender for a program of treatment for alcoholism or drug abuse or if the offender fails to complete the program of treatment satisfactorily. Any sentence of imprisonment may be reduced by a time equal to that which the offender served before beginning treatment.

             [(3)](4) If the offender completes the treatment satisfactorily, the court will enter a judgment of conviction for a violation of paragraph (b) of subsection 1 of NRS 484C.400.

             [(4)](5) The provisions of NRS 483.460 requiring the revocation of the license, permit or privilege of the offender to drive do not apply.

      5.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

      (a) Shall not defer the sentence or set aside the conviction upon the election of treatment, except as otherwise provided in this section; and

      (b) May enter a judgment of conviction and proceed as provided in paragraph (c) of subsection 1 of NRS 484C.400 for a violation of a condition ordered by the court.

      6.  To participate in a program of treatment, the offender must:

      (a) Serve not less than 6 months of residential confinement;

      (b) Install, at his or her own expense, a device for not less than 12 months;

      (c) Not drive any vehicle unless it is equipped with a device;

      (d) Agree to be subject to periodic testing for the use of alcohol or controlled substances while participating in a program of treatment; and

      (e) Agree to any other conditions that the court deems necessary.

      7.  An offender may not apply to the court to undergo a program of treatment for alcoholism or drug abuse pursuant to this section if the offender has previously applied to receive treatment pursuant to this section or if the offender has previously been convicted of:

      (a) A violation of NRS 484C.430;

      (b) A violation of NRS 484C.130;

      (c) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;

      (d) A violation of paragraph (c) of subsection 1 of NRS 484C.400;

      (e) A violation of NRS 484C.410; or

 


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ê2015 Statutes of Nevada, Page 759 (Chapter 162, AB 81)ê

 

      (f) A violation of law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a), (b), (c) or (d).

      8.  As used is this section, “device” has the meaning ascribed to it in NRS 484C.450.

      Sec. 31. NRS 484C.360 is hereby amended to read as follows:

      484C.360  1.  When a program of treatment is ordered pursuant to NRS 484C.340 or paragraph (a) or (b) of subsection 1 of NRS 484C.400, the court shall place the offender under the clinical supervision of a treatment [facility] provider for treatment in accordance with the report submitted to the court pursuant to NRS 484C.340 or subsection 3, 4, 5 or 6 of NRS 484C.350, as appropriate. The court shall:

      (a) Order the offender [confined in] to be placed under the supervision of a treatment [facility,] provider, then release the offender for supervised aftercare in the community; or

      (b) Release the offender for treatment in the community,

Ê for the period of supervision ordered by the court.

      2.  The court shall:

      (a) Require the treatment [facility] provider to submit monthly progress reports on the treatment of an offender pursuant to this section; and

      (b) Order the offender, to the extent of his or her financial resources, to pay any charges for treatment pursuant to this section. If the offender does not have the financial resources to pay all those charges, the court shall, to the extent possible, arrange for the offender to obtain the treatment from a treatment [facility] provider that receives a sufficient amount of federal or state money to offset the remainder of the charges.

      3.  A treatment [facility] provider is not liable for any damages to person or property caused by a person who:

      (a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engages in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of any other jurisdiction that prohibits the same or similar conduct,

Ê after the treatment [facility] provider has certified that the offender has successfully completed a program of treatment ordered pursuant to NRS 484C.340 or paragraph (a) or (b) of subsection 1 of NRS 484C.400.

      Sec. 32. NRS 484C.400 is hereby amended to read as follows:

      484C.400  1.  Unless a greater penalty is provided pursuant to NRS 484C.430 or 484C.440, and except as otherwise provided in NRS 484C.410, a person who violates the provisions of NRS 484C.110 or 484C.120:

      (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless the person is allowed to undergo treatment as provided in NRS 484C.320, the court shall:

             (1) Except as otherwise provided in subparagraph (4) of this paragraph or subsection 2 of NRS 484C.420, order the person to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the Department and complete the course within the time specified in the order, and the court shall notify the Department if the person fails to complete the course within the specified time;

 


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ê2015 Statutes of Nevada, Page 760 (Chapter 162, AB 81)ê

 

             (2) Unless the sentence is reduced pursuant to NRS 484C.320, sentence the person to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform not less than 48 hours, but not more than 96 hours, of community service while dressed in distinctive garb that identifies the person as having violated the provisions of NRS 484C.110 or 484C.120;

             (3) Fine the person not less than $400 nor more than $1,000; and

             (4) If the person is found to have a concentration of alcohol of 0.18 or more in his or her blood or breath, order the person to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484C.360.

      (b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484C.330, the court shall:

             (1) Sentence the person to:

                   (I) Imprisonment for not less than 10 days nor more than 6 months in jail; or

                   (II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;

             (2) Fine the person not less than $750 nor more than $1,000, or order the person to perform an equivalent number of hours of community service while dressed in distinctive garb that identifies the person as having violated the provisions of NRS 484C.110 or 484C.120; and

             (3) Order the person to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484C.360.

Ê A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.

      (c) Except as otherwise provided in NRS 484C.340, for a third offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender who is imprisoned pursuant to the provisions of this paragraph must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

      3.  A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484C.320 or 484C.330 and the suspension of his or her sentence was revoked, within 6 months after the date of revocation.

 


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ê2015 Statutes of Nevada, Page 761 (Chapter 162, AB 81)ê

 

employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484C.320 or 484C.330 and the suspension of his or her sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

      4.  Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560, 484C.410 or 485.330 must run consecutively.

      5.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      6.  For the purpose of determining whether one offense occurs within 7 years of another offense, any period of time between the two offenses during which, for any such offense, the offender is imprisoned, serving a term of residential confinement, [confined in] placed under the supervision of a treatment [facility,] provider, on parole or on probation must be excluded.

      7.  As used in this section, unless the context otherwise requires, “offense” means:

      (a) A violation of NRS 484C.110, 484C.120 or 484C.430;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      Sec. 33. NRS 484C.410 is hereby amended to read as follows:

      484C.410  1.  Unless a greater penalty is provided in NRS 484C.440, a person who has previously been convicted of:

      (a) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 of NRS 484C.400;

      (b) A violation of NRS 484C.430;

      (c) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;

      (d) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a), (b) or (c); or

      (e) A violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484C.400 that was reduced from a felony pursuant to NRS 484C.340,

Ê and who violates the provisions of NRS 484C.110 or 484C.120 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

 

 


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ê2015 Statutes of Nevada, Page 762 (Chapter 162, AB 81)ê

 

      2.  An offense which is listed in paragraphs (a) to (e), inclusive, of subsection 1 that occurred on any date preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard for the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

      3.  A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484C.320 or 484C.330 and the suspension of offender’s sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

      4.  Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560, 484C.400 or 485.330 must run consecutively.

      5.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      6.  For the purpose of determining whether one offense occurs within 7 years of another offense, any period of time between the two offenses during which, for any such offense, the offender is imprisoned, serving a term of residential confinement, [confined in] placed under the supervision of a treatment [facility,] provider, on parole or on probation must be excluded.

      7.  As used in this section, unless the context otherwise requires, “offense” means:

      (a) A violation of NRS 484C.110, 484C.120 or 484C.430;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      Sec. 34. NRS 484C.460 is hereby amended to read as follows:

      484C.460  1.  Except as otherwise provided in subsections 2 and 5, a court:

      (a) May order a person convicted of a violation of NRS 484C.110 that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484C.400, if the person is found to have had a concentration of alcohol of less than 0.18 in his or her blood or breath, for a period of not less than 3 months nor more than 6 months, to install at his or her own expense a device in any motor vehicle which the person owns or operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of the driving privilege of the person.

 


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ê2015 Statutes of Nevada, Page 763 (Chapter 162, AB 81)ê

 

      (b) Shall order a person convicted of:

             (1) A violation of NRS 484C.110 that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484C.400, if the person is found to have had a concentration of alcohol of 0.18 or more in his or her blood or breath;

             (2) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to NRS 484C.400 or 484C.410; or

             (3) A violation of NRS 484C.130 or 484C.430,

Ê for a period of not less than 12 months nor more than 36 months, to install at his or her own expense a device in any motor vehicle which the person owns or operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of the driving privilege of the person.

      2.  A court may provide for an exception to the provisions of subparagraph (1) of paragraph (b) of subsection 1 for a person who is convicted of a violation of NRS 484C.110 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, to avoid undue hardship to the person if the court determines that:

      (a) Requiring the person to install a device in a motor vehicle which the person owns or operates would cause the person to experience an economic hardship; and

      (b) The person requires the use of the motor vehicle to:

             (1) Travel to and from work or in the course and scope of his or her employment;

             (2) Obtain medicine, food or other necessities or to obtain health care services for the person or another member of the person’s immediate family; or

             (3) Transport the person or another member of the person’s immediate family to or from school.

      3.  If the court orders a person to install a device pursuant to subsection 1:

      (a) The court shall immediately prepare and transmit a copy of its order to the Director. The order must include a statement that a device is required and the specific period for which it is required. The Director shall cause this information to be incorporated into the records of the Department and noted as a restriction on the person’s driver’s license.

      (b) The person who is required to install the device shall provide proof of compliance to the Department before the person may receive a restricted license or before the driving privilege of the person may be reinstated, as applicable. Each model of a device installed pursuant to this section must have been certified by the Committee on Testing for Intoxication.

      4.  A person whose driving privilege is restricted pursuant to this section shall:

      (a) If the person was ordered to install a device pursuant to paragraph (a) of subsection 1, have the device inspected by the manufacturer of the device or its agent at least one time during the period in which the person is required to use the device; or

      (b) If the person was ordered to install a device pursuant to paragraph (b) of subsection 1, have the device inspected by the manufacturer of the device or its agent at least one time each 90 days,

 


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ê2015 Statutes of Nevada, Page 764 (Chapter 162, AB 81)ê

 

Ê to determine whether the device is operating properly. An inspection required pursuant to this subsection must be conducted in accordance with regulations adopted pursuant to NRS 484C.480. The manufacturer or its agent shall submit a report to the Director indicating whether the device is operating properly and whether it has been tampered with. If the device has been tampered with, the Director shall notify the court that ordered the installation of the device.

      5.  If a person is required to operate a motor vehicle in the course and scope of his or her employment and the motor vehicle is owned by the person’s employer, the person may operate that vehicle without the installation of a device, if:

      (a) The employee notifies his or her employer that the employee’s driving privilege has been so restricted; and

      (b) The employee has proof of that notification in his or her possession or the notice, or a facsimile copy thereof, is with the motor vehicle.

Ê This exemption does not apply to a motor vehicle owned by a business which is all or partly owned or controlled by the person otherwise subject to this section.

      6.  The running of the period during which a person is required to have a device installed pursuant to this section commences when the Department issues a restricted license to the person or reinstates the driving privilege of the person and is tolled whenever and for as long as the person is, with regard to a violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, imprisoned, serving a term of residential confinement, [confined in] placed under the supervision of a treatment [facility,] provider, on parole or on probation.

      Sec. 35.  (Deleted by amendment.)

      Sec. 36.  This act becomes effective on July 1, 2015.

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ê2015 Statutes of Nevada, Page 765ê

 

CHAPTER 163, AB 88

Assembly Bill No. 88–Committee on Government Affairs

 

CHAPTER 163

 

[Approved: May 25, 2015]

 

AN ACT relating to the City of Reno; making various changes relating to appointive officers and appointive employees of the City; clarifying provisions relating to filling vacancies in elective offices by appointment or special election; requiring the City Manager to prepare a document setting forth the organization of every department and other office of the City; amending provisions relating to the appointment of members of the Charter Committee; amending the qualifications for the position of City Manager; requiring the City Manager to prepare and maintain a classification plan for all positions in the City’s Civil Service System; making various other changes relating to the System; making various other changes to the Charter of the City of Reno; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill amends various provisions of the Charter of the City of Reno. Section 1 of this bill adopts certain definitions applicable to the Charter as a whole.

      Existing law provides for the appointment of members to the Charter Committee. (Reno City Charter § 1.140) The members of the Senate and Assembly delegations representing residents of the City and belonging to the majority and minority parties of the respective Houses appoint certain members to the Committee. Section 10 of this bill provides that the Majority Leader or Minority Leader of the Senate or the Speaker or Minority Leader of the Assembly shall appoint those members to the Charter Committee if there are no members of the respective Houses representing the residents of the City that belong to the majority or minority party, as applicable.

      Section 6 of this bill clarifies the procedures for filling a vacancy in an elective office by special election or appointment.

      Section 7 of this bill sets forth who is an appointive officer or an appointive employee of the City. Section 7 also limits the number of appointive positions that may be created by the City Council. Further, section 7 requires the City Manager to file annually with the City Clerk a document that sets forth the organization of every department or other office of the City.

      Sections 12-14 of this bill clarify the appointive officers, appointive employees and other staff that may be appointed by the City Manager, City Clerk and City Attorney, respectively. Section 12 requires the City Manager to be an actual, as opposed to constructive, resident of the State. Section 12 also requires a person who is appointed as the City Manager to become an actual resident of the State not later than 6 months after the date of his or her appointment.

      Section 15 of this bill authorizes the City Council to retain the services of special legal counsel rather than employ such counsel.

      Section 17 of this bill clarifies which employees are exempted from the City’s Civil Service System.

      Existing law authorizes the City Manager to adopt and revise specifications for the classes of positions in the Civil Service System. (Reno City Charter § 9.180) Section 21 of this bill requires the City Manager to instead: (1) prepare, maintain and, as necessary, revise a classification plan for positions in the Civil Service; and (2) allocate each position in the Civil Service to a class set forth in the classification plan.

 


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Section 21 also sets forth a process for an employee to request that the Civil Service Commission review the allocation or reallocation of his or her position. Section 18 of this bill requires the Commission to adopt rules setting forth the procedures for the Commission to review the allocation or reallocation of an employee’s position by the City Manager.

      Section 19 of this bill eliminates the authority of the Commission to require medical examinations of employees covered under the Civil Service System.

      Section 20 of this bill revises provisions relating to employment positions that are moved into the Civil Service System.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. The Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1962, is hereby amended by adding thereto new sections to be designated as sections 1.0123, 1.0126 and 1.0129, respectively, immediately following section 1.012, to read as follows:

       Sec. 1.0123  “Appointive office” defined.  “Appointive office” means a position held by an appointive officer.

       Sec. 1.0126  “Appointive officer” defined.  “Appointive officer” means a person who is appointed to a position described in subsection 3 of section 1.090 or an appointive office established by ordinance pursuant to subsection 4 of section 1.090.

       Sec. 1.0129  “Appointive position” defined.  “Appointive position” means a position held by an appointive employee.

      Sec. 2. (Deleted by amendment.)

      Sec. 3. Section 1.011 of the Charter of the City of Reno, being chapter 349, Statutes of Nevada 2013, at page 1814, is hereby amended to read as follows:

       Sec. 1.011  Definitions.  As used in this Charter, unless the context otherwise requires, the words and terms defined in sections 1.012 to 1.018, inclusive, and sections 1.0123, 1.0126 and 1.0129 have the meanings ascribed to them in those sections.

      Sec. 4. Section 1.012 of the Charter of the City of Reno, being chapter 349, Statutes of Nevada 2013, at page 1814, is hereby amended to read as follows:

       Sec. 1.012  “Appointive employee” defined.  “Appointive employee” means a person who is appointed to an appointive position established by ordinance pursuant to subsection 4 of section 1.090 or a position described in subsection [4] 5 of section 1.090.

      Sec. 5. Section 1.015 of the Charter of the City of Reno, being chapter 349, Statutes of Nevada 2013, at page 1814, is hereby amended to read as follows:

       Sec. 1.015  “Civil Service” or “Civil Service System” defined.  “Civil Service” or “Civil Service System” means the system created by section 9.020 [.] and described in article IX of this Charter.

 


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      Sec. 6. Section 1.070 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 349, Statutes of Nevada 2013, at page 1817, is hereby amended to read as follows:

       Sec. 1.070  Elective offices: Vacancies.  [Except as otherwise provided in NRS 268.325:]

       1.  Except as otherwise provided in this section, a vacancy in the City Council or in the office of City Attorney or Municipal Judge must be filled by a majority vote of the members of the City Council within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the City Council before the vacancy occurs. In filling a prospective vacancy, each member of the Council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the Council pursuant to this section. The appointee must have the same qualifications as are required of the elective official.

       [2.]  The appointee shall serve until the next general municipal election and until his or her successor is elected and qualified. [Notwithstanding the provisions of section 5.010 of this Charter to the contrary, the office must be filled by election at the next general municipal election. If that election is other than the election specified in section 5.010 of this Charter for the filing of the office, the election is only for the balance of the unexpired term for that office.

      3.]2.  If a prospective vacancy or vacancy occurs in an office of City Council, in lieu of appointment, the City Council may, by resolution, declare a special election to fill the vacancy [.] for the remainder of the unexpired term. The resolution declaring a special election must be adopted within 30 days after the occurrence of the vacancy and must state the date set by the City Council for the special election. In the case of a prospective vacancy, the Council may adopt the resolution before the vacancy occurs, but the special election may not be held until after the vacancy occurs. The special election must be conducted in accordance with the provisions of the resolution declaring the special election and section 5.030 of this Charter. A person elected to fill a vacancy at a special election must have the same qualifications as are required of the elected official.

      Sec. 7. Section 1.090 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 349, Statutes of Nevada 2013, at page 1818, is hereby amended to read as follows:

       Sec. 1.090  Appointive officers and appointive employees.

       1.  The City Council shall provide for the appointment of a City Manager and a City Clerk.

       2.  The City Manager shall appoint a Chief of Police and a Fire Chief, subject to ratification by the City Council. If a person so nominated is not confirmed, the City Manager shall continue to submit nominations until a nominee is confirmed.

       3.  The following are appointive officers:

       (a) The City Manager [to perform the duties outlined in section 3.020. A vacancy in the office of City Manager must be filled within 6 months.

 


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       2.  Applicants for the position of City Manager need not be residents of the City or State at the time of their appointment, except that applicants who are residents of the City and who have qualifications equal to those of nonresidents must be given preference in filling the position.

      3.  The] , Assistant City Managers, Chief of Staff of the City Manager, Executive Assistant to the City Manager, Chief of Police, Assistant Chief of Police, Fire Chief, the heads of each department and the assistant heads of each department.

       (b) The City Clerk, Chief Deputy City Clerk and Manager of Record Systems.

       (c) Every Chief Deputy City Attorney.

       (d) The Deputy City Assessor, if the City Council appoints a person as the Deputy City Assessor pursuant to section 3.080.

       (e) The Deputy City Treasurer, if the City Treasurer appoints a person other than the City Clerk to be Deputy City Treasurer pursuant to section 3.090.

       4.  Except as otherwise provided in this subsection, the City Council may establish such other appointive offices and appointive positions as it may deem necessary for the operation of the City by designating the office or position and the minimum qualifications therefor by ordinance. [Appointive offices are limited to the head of each department or division except:

       (a) One immediate assistant for the Director of Public Works.

       (b) In the Fire Department and Police Department, no positions below the office of Chief.

       4.  Special technical staff members who report directly to the City Manager serve as appointive employees.

       5.  Appointment of officers and employees pursuant to subsections 3 and 4 must be made by the City Manager, and the appointment of the Chief of Police and the Fire Chief must be confirmed by the City Council.

       6.  A City Clerk must be appointed by the City Council.] The number of appointive positions established by the City Council pursuant to this subsection must not exceed the greater of:

       (a) Forty full-time equivalent appointive positions; or

       (b) Four percent of the total number of:

             (1) Appointive officers described in subsection 3; and

             (2) All full-time equivalent positions in the Civil Service.

       5.  Appointive employees:

       (a) Are not appointive officers but regularly assist an appointive officer;

       (b) Have duties that consist of administrative work directly related to management policies; and

       (c) Have positions that require them customarily to exercise discretion and independent judgment.

       6.  No person who is an employee of the City’s:

       (a) Police Department is an appointive officer or appointive employee, other than the Chief of Police and the Assistant Chief of Police.

      (b) Fire Department is an appointive officer or appointive employee, other than the Fire Chief.

 


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      7.  On or before June 30 of each fiscal year, the City Manager shall prepare and file with the City Clerk a document that sets forth the organization of every department and other office of the City. The document must include, without limitation, a description of the job responsibilities of each appointive officer and appointive employee.

      Sec. 8. Section 1.100 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 349, Statutes of Nevada 2013, at page 1819, is hereby amended to read as follows:

       Sec. 1.100  Appointive officers and appointive employees: Miscellaneous provisions.

       1.  All appointive officers and appointive employees, except the City Clerk and his or her deputy, shall perform such duties as are designated by the City Manager.

       2.  Any employee of the City holding a Civil Service rating under the City who is appointed to any appointive office or appointive position [provided for in section 1.090] does not lose his or her Civil Service rating while serving in that appointive office or appointive position.

       3.  The City Council may require from all other officers and employees of the City constituted or appointed under this Charter, except the Mayor and Council Members, sufficient security for the faithful and honest performance of their respective duties.

      Sec. 9. Section 1.110 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 349, Statutes of Nevada 2013, at page 1819, is hereby amended to read as follows:

       Sec. 1.110  Appointive officers and appointive employees: Duties; salary; benefits.

       1.  All appointive officers and appointive employees of the City, including those appointed by the City Council, except:

       (a) The City Manager;

       (b) The City Clerk [and the chief deputy] , Chief Deputy City Clerk and [the] Manager of Record Systems appointed by the City Clerk pursuant to section 3.040;

      (c) [Assistants] The professional and paraprofessional legal staff and the clerical staff appointed by the City Attorney pursuant to section 3.060; and

       (d) The members of the City Board of Health and the City Health Officer, if the City administers the operations of the Board of Health,

Ê shall perform their duties under the direction of the City Manager or as designated by the City Council through the City Manager.

       2.  All appointive officers and appointive employees of the City are entitled to the salary designated by the City Council through the adoption of a resolution establishing the salary ranges applicable to each appointive office and appointive position.

       3.  All appointive officers and appointive employees are entitled to the employment benefits established by the applicable law of the State and to such other benefits as the City Council provides by resolution.

 


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      Sec. 10. Section 1.140 of the Charter of the City of Reno, being chapter 349, Statutes of Nevada 2013, at page 1815, is hereby amended to read as follows:

       Sec. 1.140  Charter Committee: Appointment; terms; qualifications; vacancies; compensation.

       1.  The Charter Committee must be appointed as follows:

       (a) Each Council Member shall appoint one member;

       (b) The Mayor shall appoint one member;

       (c) [The] Except as otherwise provided in subsection 2, the members of the Senate delegation representing the residents of the City and belonging to the majority party of the Senate shall appoint two members;

       (d) [The] Except as otherwise provided in subsection 2, the members of the Senate delegation representing the residents of the City and belonging to the minority party of the Senate shall appoint one member;

       (e) [The] Except as otherwise provided in subsection 2, the members of the Assembly delegation representing the residents of the City and belonging to the majority party of the Assembly shall appoint two members; and

       (f) [The] Except as otherwise provided in subsection 2, the members of the Assembly delegation representing the residents of the City and belonging to the minority party of the Assembly shall appoint one member.

       2.  The:

       (a) Majority Leader of the Senate shall appoint the members of the Charter Committee described in paragraph (c) of subsection 1 if there are no members of the Senate representing the residents of the City and belonging to the majority party of the Senate.

       (b) Minority Leader of the Senate shall appoint the members of the Charter Committee described in paragraph (d) of subsection 1 if there are no members of the Senate representing the residents of the City and belonging to the minority party of the Senate.

       (c) Speaker of the Assembly shall appoint the members described in paragraph (e) of subsection 1 if there are no members of the Assembly representing the residents of the City and belonging to the majority party of the Assembly.

       (d) Minority Leader of the Assembly shall appoint the members of the Charter Committee described in paragraph (f) of subsection 1 if there are no members of the Assembly representing the residents of the City and belonging to the minority party of the Assembly.

       3.  Each member of the Charter Committee:

       (a) If appointed by a Council Member or the Mayor, serves during the term of the person by whom he or she was appointed;

       (b) If appointed by members of the Senate delegation [,] or the Majority Leader or Minority Leader of the Senate, serves a term of 4 years;

       (c) If appointed by members of the Assembly delegation [,] or the Speaker or Minority Leader of the Assembly, serves a term of 2 years;

       (d) Must be a registered voter in the City; and

       (e) Must reside in the City during his or her term of office.

 

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