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Link to Page 2288

 

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ê2015 Statutes of Nevada, Page 2289 (Chapter 403, AB 93)ê

 

      (a) The requirements for submitting an application for a certificate, including, without limitation, the submission of a complete set of fingerprints pursuant to NRS 641C.260;

      (b) The scope of practice for a person who is issued a certificate;

      (c) The conduct of any investigation or hearing relating to an application for a certificate;

      (d) The examination of an applicant for a certificate or a waiver of examination for an applicant;

      (e) The requirements for issuing a certificate or provisional certificate;

      (f) The duration, expiration, renewal, restoration, suspension, revocation and reinstatement of a certificate;

      (g) The grounds for refusing the issuance, renewal, restoration or reinstatement of a certificate;

      (h) Requirements for the completion of continuing education which must include, without limitation, a requirement that the applicant receive at least 1 hour of instruction on evidence-based suicide prevention and awareness for each year of the term of the applicant’s certification;

      (i) The conduct of any disciplinary or other administrative proceeding relating to a person who is issued a certificate;

      [(i)](j) The filing of a complaint against a person who is issued a certificate;

      [(j)](k) The issuance of a subpoena for the attendance of witnesses and the production of books, papers and records;

      [(k)](l) The payment of fees for:

             (1) Witnesses, mileage and attendance at a hearing or deposition; and

             (2) The issuance, renewal, restoration or reinstatement of a certificate;

      [(l)](m) The imposition of a penalty for a violation of any provision of the regulations; and

      [(m)](n) The confidentiality of any record or other information maintained by the Board relating to an applicant or the holder of a certificate.

      3.  A person shall not engage in any activity for which the Board requires a certificate as a detoxification technician pursuant to this section unless the person is the holder of such a certificate.

      4.  In addition to the provisions of subsection 2, a regulation adopted pursuant to this section must include provisions that are substantially similar to the requirements set forth in NRS 641C.280 and 641C.710. Any provision included in a regulation pursuant to this subsection remains effective until the provisions of NRS 641C.280 and 641C.710 expire by limitation.

      5.  Except as otherwise provided in this section and NRS 641C.900, 641C.910 and 641C.950, the provisions of this chapter do not apply to the holder of a certificate that is issued in accordance with a regulation adopted pursuant to this section.

      6.  As used in this section, “detoxification technician” means a person who is certified by the Board to provide screening for the safe withdrawal from alcohol and other drugs.

      Sec. 6.  1.  This section and sections 1, 1.5, 2, 3, 4, 5, 5.3 and 5.7 of this act become effective on July 1, 2016.

      2.  Sections 5.3 and 5.7 of this act expire by limitation on June 30, 2026.

      3.  Sections 1.3, 2.5, 3.5, 4.5 and 5.1 of this act become effective on July 1, 2026.

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ê2015 Statutes of Nevada, Page 2290ê

 

CHAPTER 404, AB 115

Assembly Bill No. 115–Assemblywomen Benitez-Thompson and Bustamante Adams

 

Joint Sponsors: Senators Spearman and Parks

 

CHAPTER 404

 

[Approved: June 8, 2015]

 

AN ACT relating to occupations; making certain provisions concerning providers of health care applicable to audiologists and speech-language pathologists; establishing the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board by expanding the existing Board of Examiners for Audiology and Speech Pathology and abolishing the existing Board of Hearing Aid Specialists; prescribing the requirements for the licensure of audiologists, speech-language pathologists and hearing aid specialists; prescribing the requirements to engage in telepractice by an audiologist or a speech-language pathologist; prescribing the requirements for the licensure and practice of an apprentice hearing aid specialist; prescribing the requirements for the practice of a hearing aid specialist; making certain provisions applicable to hearing aid specialists; imposing certain fees; providing that certain acts are grounds for disciplinary action by the Board; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines “provider of health care” as a person who practices any of certain health-related professions. (NRS 629.031) Existing law imposes certain requirements upon providers of health care, including requirements for the retention of patient records, requirements for billing, standards for advertisements and criminal penalties for acquiring certain debts. (NRS 629.051, 629.071, 629.076, 629.078) Section 1 of this bill includes speech-language pathologists and audiologists in the definition of “provider of health care,” which has the effect of making these requirements applicable to speech-language pathologists and audiologists. Existing law also includes the definition of “provider of health care” by reference in various other provisions. By expanding the definition, the bill expands the definition for those other provisions, thereby making those provisions include speech-language pathologists and audiologists as providers of health care. The term is referenced in provisions relating to various subjects including, without limitation, admissibility of the testimony of hypnotized witnesses, power of attorney, practice during declared emergencies, investigations conducted concerning facilities for long-term care, confidentiality of reports and referrals relating to maternal health, payments by insurance, release of the results of certain laboratory tests, drug donation programs, interpreters and realtime captioning providers and the Silver State Health Insurance Exchange. (NRS 41.141, 48.039, 162A.790, 415A.210, 427A.145, 442.395, 449.2475, chapter 453B of NRS, NRS 652.193, chapters 656A and 695I of NRS)

      Existing law establishes the Board of Hearing Aid Specialists to license and oversee hearing aid specialists and the Board of Examiners for Audiology and Speech Pathology to license and oversee audiologists and speech pathologists. (Chapters 637A and 637B of NRS) Section 72 of this bill repeals provisions establishing the Board of Hearing Aid Specialists, and section 44 of this bill establishes the

 


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Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board to license and oversee audiologists, speech-language pathologists and hearing aid specialists. Under sections 44 and 44.5 of this bill, the Board consists of eight members until July 1, 2017, on which date the membership of the Board will decrease to seven members. Section 45 of this bill requires the Board to elect a Chair and a Vice Chair and to comply with certain provisions of NRS governing meetings of state and local agencies. Section 46 of this bill authorizes the Board to employ certain persons and provides for compensation of the members and employees of the Board. Section 16 of this bill authorizes the Board to select certain persons as advisory members, and sections 17, 18, 25 and 28 of this bill prescribe the responsibilities of the Board.

      Sections 19, 26, 47 and 48 of this bill prescribe certain requirements for applicants for licenses to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids. Section 20 of this bill requires a speech-language pathologist who does not have a provisional license to have a current certificate of clinical competence issued by the American Speech-Language-Hearing Association or a successor organization approved by the Board. Sections 21, 22 and 50 of this bill authorize the Board to issue limited, provisional and temporary licenses to certain applicants. Section 23 of this bill prescribes requirements for an audiologist or an applicant for a license to engage in the practice of audiology to obtain an endorsement of his or her license to also engage in the practice of fitting and dispensing hearing aids.

      Section 24 of this bill prescribes requirements concerning telepractice by an audiologist or a speech-language pathologist.

      Sections 25-35 of this bill enact requirements for the licensing and practice of hearing aid specialists in chapter 637B of NRS, and section 72 repeals those requirements in chapter 637A of NRS. Section 27 authorizes the Board to issue an apprentice license to an applicant who has not yet completed the education or training requirements for a hearing aid specialist, and sections 29-31 prescribe requirements concerning the practice of an apprentice. Section 32 authorizes a hearing aid specialist or dispensing audiologist to make an audiogram upon request by a physician or member of a related profession specified by the Board. Section 33 requires a hearing aid specialist or apprentice to display his or her license conspicuously in each place where he or she conducts business as a hearing aid specialist or apprentice. Section 34 requires a hearing aid specialist or apprentice to update the address of his or her place of business on file with the Board within 10 days after the date on which the address changes.

      Federal law prohibits a state from enacting requirements for the sale of a hearing aid that are different from or in addition to federal requirements, and federal regulations allow a person to waive a medical examination when purchasing a hearing aid. (21 U.S.C. § 360k; 21 C.F.R. § 801.421) Section 35 of this bill requires certain examinations to be performed on a person before the person purchases a hearing aid by catalog, mail or the Internet unless the person waives the examinations.

      Section 43 of this bill revises exemptions from the provisions of chapter 637B of NRS for certain government employees and other persons who do not engage in the private practice of audiology, speech-language pathology or fitting and dispensing hearing aids. Section 49 of this bill authorizes the Board to issue a license without an examination to persons who hold certain certifications. Sections 48, 50, 53, 54 and 56-59 of this bill make certain provisions governing audiologists and speech-language pathologists applicable to hearing aid specialists as well. Section 51 of this bill imposes fees for certain tasks relating to licensing. Section 53 provides that certain acts are grounds for disciplinary action.

 


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ê2015 Statutes of Nevada, Page 2292 (Chapter 404, AB 115)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 629.031 is hereby amended to read as follows:

      629.031  Except as otherwise provided by a specific statute:

      1.  “Provider of health care” means [a] :

      (a) A physician licensed pursuant to chapter 630, 630A or 633 of NRS [,] ;

      (b) A physician assistant [,] ;

      (c) A dentist [,] ;

      (d) A licensed nurse [,] ;

      (e) A dispensing optician [,] ;

      (f) A speech-language pathologist;

      (g) An audiologist;

      (h) An optometrist [,] ;

      (i) A practitioner of respiratory care [,] ;

      (j) A registered physical therapist [,] ;

      (k) An occupational therapist [,] ;

      (l) A podiatric physician [,] ;

      (m) A licensed psychologist [,] ;

      (n) A licensed marriage and family therapist [,] ;

      (o) A licensed clinical professional counselor [,] ;

      (p) A music therapist [,] ;

      (q) A chiropractor [,] ;

      (r) An athletic trainer [,] ;

      (s) A perfusionist [,] ;

      (t) A doctor of Oriental medicine in any form [,] ;

      (u) A medical laboratory director or technician [,] ;

      (v) A pharmacist [,] ;

      (w) A licensed dietitian ; or [a]

      (x) A licensed hospital as the employer of any [such] person [.] specified in this subsection.

      2.  For the purposes of NRS 629.051, 629.061, 629.065 and 629.077, the term includes a facility that maintains the health care records of patients.

      3.  For the purposes of NRS 629.400 to 629.490, inclusive, the term includes:

      (a) A person who holds a license or certificate issued pursuant to chapter 631 of NRS; and

      (b) A person who holds a current license or certificate to practice his or her respective discipline pursuant to the applicable provisions of law of another state or territory of the United States.

      Sec. 2. NRS 629.053 is hereby amended to read as follows:

      629.053  1.  The State Board of Health and each board created pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, [637A,] 637B, 640, 640A, 640B, 640C, 641, 641A, 641B or 641C of NRS shall post on its website on the Internet, if any, a statement which discloses that:

      (a) Pursuant to the provisions of subsection 7 of NRS 629.051:

             (1) The health care records of a person who is less than 23 years of age may not be destroyed; and

 


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             (2) The health care records of a person who has attained the age of 23 years may be destroyed for those records which have been retained for at least 5 years or for any longer period provided by federal law; and

      (b) Except as otherwise provided in subsection 7 of NRS 629.051 and unless a longer period is provided by federal law, the health care records of a patient who is 23 years of age or older may be destroyed after 5 years pursuant to subsection 1 of NRS 629.051.

      2.  The State Board of Health shall adopt regulations prescribing the contents of the statements required pursuant to this section.

      Sec. 3. NRS 629.079 is hereby amended to read as follows:

      629.079  1.  If a health care licensing board determines that a complaint received by the health care licensing board concerns a matter within the jurisdiction of another health care licensing board, the health care licensing board which received the complaint shall:

      (a) Except as otherwise provided in paragraph (b), refer the complaint to the other health care licensing board within 5 days after making the determination; and

      (b) If the health care licensing board also determines that the complaint concerns an emergency situation, immediately refer the complaint to the other health care licensing board.

      2.  If a health care licensing board determines that a complaint received by the health care licensing board concerns a public health emergency or other health event that is an immediate threat to the health and safety of the public in a health care facility or the office of a provider of health care, the health care licensing board shall immediately notify the appropriate health authority for the purposes of NRS 439.970.

      3.  A health care licensing board may refer a complaint pursuant to subsection 1 or provide notification pursuant to subsection 2 orally, electronically or in writing.

      4.  The provisions of subsections 1 and 2 apply to any complaint received by a health care licensing board, including, without limitation:

      (a) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated by the health care licensing board that received the complaint and by another health care licensing board; and

      (b) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated solely by another health care licensing board.

      5.  The provisions of this section do not prevent a health care licensing board from acting upon a complaint which concerns a matter within the jurisdiction of the health care licensing board regardless of whether the health care licensing board refers the complaint pursuant to subsection 1 or provides notification based upon the complaint pursuant to subsection 2.

      6.  A health care licensing board or an officer or employee of the health care licensing board is immune from any civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions of this section.

      7.  As used in this section:

      (a) “Health care facility” means any facility licensed pursuant to chapter 449 of NRS.

      (b) “Health care licensing board” means:

 


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             (1) A board created pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, [637A,] 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B or 641C of NRS.

             (2) The Division of Public and Behavioral Health of the Department of Health and Human Services.

      Sec. 4. NRS 629.097 is hereby amended to read as follows:

      629.097  1.  If the Governor must appoint to a board a person who is a member of a profession being regulated by that board, the Governor shall solicit nominees from one or more applicable professional associations in this State.

      2.  To the extent practicable, such an applicable professional association shall provide nominees who represent the geographic diversity of this State.

      3.  The Governor may appoint any qualified person to a board, without regard to whether the person is nominated pursuant to this section.

      4.  As used in this section, “board” refers to a board created pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, [637A,] 637B, 639, 640, 640A, 640B, 640C, 641, 641A, 641B or 641C of NRS.

      Sec. 5. NRS 630.279 is hereby amended to read as follows:

      630.279  The Board shall adopt regulations regarding the licensure of practitioners of respiratory care, including, without limitation:

      1.  Educational and other qualifications of applicants;

      2.  Required academic programs which applicants must successfully complete;

      3.  Procedures for applying for and issuing licenses;

      4.  Tests or examinations of applicants by the Board;

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

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

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

      Sec. 6. NRS 630A.299 is hereby amended to read as follows:

      630A.299  The Board shall adopt regulations regarding the certification of a homeopathic assistant, including, but not limited to:

      1.  The educational and other qualifications of applicants.

      2.  The required academic program for applicants.

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

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

      5.  The medical services which a homeopathic assistant may perform, except that a homeopathic assistant may not perform those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, podiatric physicians, optometrists or hearing aid specialists under chapter 631, 634, 635, 636 or [637A,] 637B, respectively, of NRS.

      6.  The duration, renewal and termination of certificates.

      7.  The grounds respecting disciplinary actions against homeopathic assistants.

      8.  The supervision of a homeopathic assistant by a supervising homeopathic physician.

 


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      9.  The establishment of requirements for the continuing education of homeopathic assistants.

      Sec. 7. NRS 633.434 is hereby amended to read as follows:

      633.434  The Board shall adopt regulations regarding the licensure of a physician assistant, including, without limitation:

      1.  The educational and other qualifications of applicants.

      2.  The required academic program for applicants.

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

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

      5.  The medical services which a physician assistant may perform, except that a physician assistant may not perform osteopathic manipulative therapy or those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, doctors of Oriental medicine, podiatric physicians, optometrists and hearing aid specialists under chapters 631, 634, 634A, 635, 636 and [637A,] 637B, respectively, of NRS.

      6.  The grounds and procedures respecting disciplinary actions against physician assistants.

      7.  The supervision of medical services of a physician assistant by a supervising osteopathic physician.

      Sec. 8. Chapter 637B of NRS is hereby amended by adding thereto the provisions set forth as sections 9 to 35, inclusive, of this act.

      Sec. 9. “Apprentice” means a person who is completing in-service training under the supervision of a sponsor to become eligible to apply for a license to engage in the practice of fitting and dispensing hearing aids.

      Sec. 10. “Dispensing audiologist” means a licensed audiologist who has obtained an endorsement from the Board to engage in the practice of fitting and dispensing hearing aids.

      Sec. 11. “Hearing aid” means any:

      1.  Device worn by a person who suffers from impaired hearing for the purpose of amplifying sound to improve hearing or compensate for impaired hearing, including, without limitation, an earmold; and

      2.  Part, attachment or accessory for such a device.

      Sec. 12. “Hearing aid specialist” means any person licensed to engage in the practice of fitting and dispensing hearing aids pursuant to the provisions of this chapter.

      Sec. 13. “Manufacturer” means any person who assembles, manufactures or fabricates hearing aids or any parts or supplies used in connection therewith.

      Sec. 14. “Practice of fitting and dispensing hearing aids” means measuring human hearing and selecting, adapting, distributing or selling hearing aids and includes, without limitation:

      1.  Making impressions for earmolds;

      2.  Administering and interpreting tests of human hearing and middle ear functions;

      3.  Determining whether a person who suffers from impaired hearing would benefit from a hearing aid;

      4.  Selecting and fitting hearing aids;

      5.  Providing assistance to a person after the fitting of a hearing aid;

      6.  Providing services relating to the care and repair of hearing aids;

      7.  Providing supervision and in-service training concerning measuring human hearing and selecting, adapting, distributing or selling hearing aids; and

 


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      8.  Providing referral services for clinical evaluation, rehabilitation and medical treatment of hearing impairment.

      Sec. 15. “Sponsor” means a hearing aid specialist or dispensing audiologist who is responsible for the direct supervision and in-service training of an apprentice in the practice of fitting and dispensing hearing aids.

      Sec. 16. 1.  Except as otherwise provided in subsection 2, the Board may, by majority vote, select one or more persons, including, without limitation, a physician licensed pursuant to chapter 630 of NRS, an osteopathic physician licensed pursuant to chapter 633 of NRS or a member of the public, to serve as an advisory member of the Board.

      2.  A person who is a stockholder in a manufacturer of hearing aids may not be selected or serve as an advisory member of the Board.

      3.  An advisory member may not vote on any matter before the Board.

      Sec. 17. The Board shall:

      1.  Enforce the provisions of this chapter and any regulations adopted pursuant thereto;

      2.  Prepare and maintain a record of its proceedings, including, without limitation, any administrative proceedings;

      3.  Evaluate the qualifications and determine the eligibility of an applicant for any license or endorsement of a license issued pursuant to this chapter and, upon payment of the appropriate fee, issue the appropriate license or endorsement of a license to a qualified applicant;

      4.  Adopt regulations establishing standards of practice for persons licensed or endorsed pursuant to this chapter and any other regulations necessary to carry out the provisions of this chapter;

      5.  Require a person licensed or endorsed pursuant to this chapter to submit to the Board documentation required by the Board to determine whether the person has acquired the skills necessary to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids;

      6.  Investigate any complaint received by the Board against any person licensed or endorsed pursuant to this chapter;

      7.  Hold hearings to determine whether any provision of this chapter or any regulation adopted pursuant to this chapter has been violated; and

      8.  Unless the Board determines that extenuating circumstances exist, forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who engages in the practice of or offers to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids without the appropriate license or endorsement issued pursuant to the provisions of this chapter.

      Sec. 18. 1.  The Board shall adopt regulations prescribing:

      (a) The examinations required pursuant to NRS 637B.160 and concerning the practice of audiology and the practice of speech-language pathology;

      (b) The period for which a license issued pursuant to the provisions of this chapter is valid which, except as otherwise provided in NRS 637B.200, must be not less than 1 year; and

      (c) The manner in which a license or endorsement issued pursuant to this chapter must be renewed, which may include requirements for continuing education.

 


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      2.  The Board may adopt regulations providing for the late renewal of a license and the reinstatement of an expired license, except that the Board must not renew or reinstate a license more than 3 years after the license expired.

      3.  The Board may, at the request of a person licensed pursuant to this chapter, place a license on inactive status if the holder of the license:

      (a) Does not engage in, or represent that the person is authorized to engage in, the practice of audiology, speech-language pathology or fitting and dispensing hearing aids in this State; and

      (b) Satisfies any requirements for continuing education prescribed by the Board pursuant to this section.

      Sec. 19. 1.  Except as otherwise provided in subsection 2:

      (a) An applicant for a license to engage in the practice of speech-language pathology must satisfy the academic requirements of an educational program accredited by the American Speech-Language-Hearing Association or its successor organization approved by the Board.

      (b) An applicant for a license to engage in the practice of audiology must satisfy the academic requirements of an educational program accredited by the:

             (1) American Speech-Language-Hearing Association or its successor organization approved by the Board; or

             (2) Accreditation Commission for Audiology Education or its successor organization approved by the Board.

      2.  An applicant for a license to engage in the practice of audiology or speech-language pathology who receives an education in audiology or speech-language pathology from a foreign school must prove to the satisfaction of the Board that his or her educational program:

      (a) Is substantially equivalent to the requirements set forth in subsection 1, as applicable; and

      (b) Is accredited by an accrediting agency approved by the Board.

      Sec. 20. Except for the holder of a provisional license issued pursuant to section 22 of this act and in addition to the requirements set forth in section 19 of this act, a speech-language pathologist must hold a current certificate of clinical competence issued by the American Speech-Language-Hearing Association or its successor organization approved by the Board.

      Sec. 21. 1.  Upon application and payment of the application fee required pursuant to NRS 637B.230, the Board may issue a limited license to engage in the practice of audiology or speech-language pathology to a person who:

      (a) Holds a current license to engage in the practice of audiology or speech-language pathology in another state; and

      (b) Engages in the practice of audiology or speech-language pathology in this State for demonstration, instructional or educational purposes.

      2.  A limited license issued pursuant to this section is valid for not more than 15 days.

      Sec. 22. 1.  Upon application and payment of the application fee required pursuant to NRS 637B.230, the Board may issue a provisional license to engage in the practice of:

 


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      (a) Speech-language pathology to a person who is completing the clinical fellowship requirements for obtaining a certificate of clinical competence issued by the American Speech-Language-Hearing Association.

      (b) Fitting and dispensing hearing aids to a person who:

             (1) Holds a license to engage in the practice of fitting and dispensing hearing aids in another state; and

             (2) Is completing the training required for certification by the National Board for Certification in Hearing Instrument Sciences.

      2.  A provisional license issued pursuant to this section may be:

      (a) Renewed not more than twice; and

      (b) Converted to an active license upon payment of the fee required pursuant to NRS 637B.230 for converting the license and the award of:

             (1) A certificate of clinical competence by the American Speech-Language-Hearing Association; or

             (2) Certification by the National Board for Certification in Hearing Instrument Sciences.

      Sec. 23. An audiologist or an applicant for a license to engage in the practice of audiology who wishes to engage in the practice of fitting and dispensing hearing aids must:

      1.  Request an endorsement of the license to engage in the practice of fitting and dispensing hearing aids; and

      2.  Pass an examination prescribed by the Board pursuant to section 25 of this act. The examination must be identical to the examination required for the licensure of hearing aid specialists.

      Sec. 24. 1.  A person who engages in the practice of audiology or speech-language pathology by telepractice within this State and is a resident of this State or provides services by telepractice to any person in this State must:

      (a) Hold a license to engage in the practice of audiology or speech-language pathology, as applicable, in this State;

      (b) Be knowledgeable and competent in the technology used to provide services by telepractice;

      (c) Only use telepractice to provide services for which delivery by telepractice is appropriate;

      (d) Provide services by telepractice that, as determined by the Board, are substantially equivalent in quality to services provided in person;

      (e) Document any services provided by telepractice in the record of the person receiving the services; and

      (f) Comply with the provisions of this chapter and any regulations adopted pursuant thereto.

      2.  As used in this section, “telepractice” means engaging in the practice of audiology or speech-language pathology using equipment that transfers information electronically, telephonically or by fiber optics.

      Sec. 25. The Board shall adopt regulations regarding the practice of fitting and dispensing hearing aids, including, without limitation:

      1.  The licensing of hearing aid specialists and apprentices;

      2.  The educational and training requirements for hearing aid specialists and apprentices;

      3.  The examination required pursuant to NRS 637B.160 and sections 23, 26 and 31 of this act concerning the practice of fitting and dispensing hearing aids; and

 


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      4.  A program of in-service training for apprentices.

      Sec. 26. An applicant for a license to engage in the practice of fitting and dispensing hearing aids must:

      1.  Successfully complete a program of education or training approved by the Board which requires, without limitation, that the applicant:

      (a) Hold an associate’s degree or bachelor’s degree in hearing instrument sciences; or

      (b) Hold:

             (1) A high school diploma or its equivalent or an associate’s degree or bachelor’s degree in any field other than hearing instrument sciences; and

             (2) Successfully complete a training program in hearing instrument sciences as prescribed by regulation of the Board.

      2.  Except as otherwise provided in section 22 of this act, be certified by the National Board for Certification in Hearing Instrument Sciences.

      3.  Pass the examination prescribed pursuant to section 25 of this act.

      4.  Comply with the regulations adopted pursuant to section 25 of this act.

      5.  Include in his or her application the complete street address of each location from which the applicant intends to engage in the practice of fitting and dispensing hearing aids.

      Sec. 27. 1.  The Board may issue an apprentice license to an applicant who has not yet completed a program of education or training approved by the Board pursuant to section 26 of this act or passed the examination prescribed pursuant to section 25 of this act.

      2.  An applicant for an apprentice license must provide proof satisfactory to the Board that a sponsor has agreed to assume responsibility for the direct supervision and in-service training of the applicant.

      Sec. 28. The Board shall adopt regulations setting forth requirements for the supervision of a licensed apprentice and the responsibilities of the sponsor and the apprentice.

      Sec. 29. 1.  All work performed by a licensed apprentice must be directly supervised by a hearing aid specialist or dispensing audiologist, and the hearing aid specialist or dispensing audiologist is responsible and civilly liable for the negligence or incompetence of the licensed apprentice under his or her supervision.

      2.  Any selection of a hearing aid for a customer made by a licensed apprentice must be approved by a hearing aid specialist or dispensing audiologist.

      3.  Any audiogram or sales document prepared by a licensed apprentice must be signed by the apprentice and the supervising hearing aid specialist or dispensing audiologist.

      4.  As used in this section:

      (a) “Incompetence” means a lack of ability to practice safely and skillfully as a licensed apprentice arising from:

             (1) A lack of knowledge or training; or

             (2) An impaired physical or mental capability, including the habitual abuse of alcohol or addiction to any controlled substance.

      (b) “Negligence” means a deviation from the normal standard of professional care exercised generally by apprentices.

 


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      Sec. 30. 1.  A licensed apprentice shall, while engaged in the practice of fitting and dispensing hearing aids, identify himself or herself as an apprentice.

      2.  Any advertisement or promotional materials that refer to an apprentice must identify the apprentice as an apprentice.

      Sec. 31. A person may not serve as a licensed apprentice for more than 3 years without passing the examination prescribed pursuant to section 25 of this act.

      Sec. 32. A hearing aid specialist or dispensing audiologist, upon request by a physician or a member of a related profession specified by the Board, may make audiograms for the physician’s or member’s use in consultation with a person who suffers from impaired hearing.

      Sec. 33. Every hearing aid specialist and licensed apprentice shall display his or her license conspicuously in each place where the licensee conducts business as a hearing aid specialist or a licensed apprentice.

      Sec. 34.  Every hearing aid specialist and licensed apprentice shall, within 10 days after changing the address of his or her place of business, notify the Board of the new address of his or her place of business.

      Sec. 35. 1.  A hearing aid specialist or dispensing audiologist licensed pursuant to this chapter may sell hearing aids by catalog, mail or the Internet if:

      (a) The hearing aid specialist or dispensing audiologist has received:

             (1) A written statement signed by:

                   (I) A physician licensed pursuant to chapter 630 or 633 of NRS, an advanced practice registered nurse licensed pursuant to NRS 632.237, an audiologist or a hearing aid specialist which verifies that he or she has performed an otoscopic examination of the person to whom the hearing aid will be sold and the results of the examination indicate that the person may benefit from the use of a hearing aid;

                   (II) A physician licensed pursuant to chapter 630 or 633 of NRS, an audiologist or a hearing aid specialist which verifies that he or she has performed an audiometric examination of the person to whom the hearing aid will be sold and the results of the examination indicate that the person may benefit from the use of a hearing aid; and

                   (III) A dispensing audiologist or a hearing aid specialist which verifies that an ear impression has been taken of the person to whom the hearing aid will be sold; or

             (2) A waiver of the medical evaluation signed by the person to whom the hearing aid will be sold as authorized pursuant to 21 C.F.R. § 801.421(a)(2); and

      (b) The person to whom the hearing aid will be sold has signed a statement acknowledging that the hearing aid specialist or dispensing audiologist is selling him or her the hearing aid by catalog, mail or the Internet based upon the information submitted by the person in accordance with this section.

      2.  A hearing aid specialist or dispensing audiologist who sells hearing aids by catalog, mail or the Internet pursuant to this section shall maintain a record of each sale of a hearing aid made pursuant to this section for not less than 5 years.

 


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      3.  The Board may adopt regulations to carry out the provisions of this section, including, without limitation, the information that must be included in each record required to be maintained pursuant to subsection 2.

      Sec. 36. NRS 637B.010 is hereby amended to read as follows:

      637B.010  The practice of audiology , [and] the practice of [speech] speech-language pathology and the practice of fitting and dispensing hearing aids are hereby declared to be learned professions, affecting public safety and welfare and charged with the public interest, and are therefore subject to protection and regulation by the State.

      Sec. 37. NRS 637B.020 is hereby amended to read as follows:

      637B.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 637B.030 to 637B.070, inclusive, and sections 9 to 15, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 38. NRS 637B.030 is hereby amended to read as follows:

      637B.030  “Audiologist” means any person who [engages] is licensed to engage in the practice of audiology [.] pursuant to the provisions of this chapter.

      Sec. 39. NRS 637B.040 is hereby amended to read as follows:

      637B.040  “Board” means the [Board of Examiners for Audiology and Speech] Speech-Language Pathology [.] , Audiology and Hearing Aid Dispensing Board.

      Sec. 40. NRS 637B.050 is hereby amended to read as follows:

      637B.050  “Practice of audiology” [consists of holding out to the public, or rendering, services for the measurement, testing, appraisal, prediction, consultation, counseling, research or treatment of] means the application of principles, methods and procedures relating to hearing and balance, hearing [impairment,] disorders and related speech and language disorders and includes, without limitation:

      1.  The conservation of auditory system functions;

      2.  Screening, identifying, assessing and interpreting, preventing and rehabilitating auditory and balance system disorders;

      3.  The selection, fitting, programming and dispensing of hearing aids, the programming of cochlear implants and other technology which assists persons with hearing loss and training persons to use such technology;

      4.  Providing vestibular and auditory rehabilitation, cerumen management and associated counseling services;

      5.  Conducting research on hearing and hearing disorders for the purpose of modifying disorders in communication involving speech, language and hearing [.] ;

      6.  Providing referral services for medical diagnosis and treatment; and

      7.  At the request of a physician, participating in the diagnosis of a person.

      Sec. 41. NRS 637B.060 is hereby amended to read as follows:

      637B.060  “Practice of [speech] speech-language pathology” [consists of holding out to the public, or rendering, services for the measurement, testing, identification, prediction, treatment or modification of, or counseling or research concerning:

 


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      1.  Normal and abnormal development of a person’s ability to communicate;

      2.  Disorders and problems concerning a person’s ability to communicate;

      3.  Deficiencies in a person’s sensory, perceptual, motor, cognitive and social skills necessary to enable the person to communicate; and

      4.  Sensorimotor functions of a person’s mouth, pharynx and larynx.] means the application of principles, methods and procedures relating to the development and effectiveness of human communication and disorders of human communication, and includes, without limitation:

      1.  The prevention, screening, consultation, assessment, treatment, counseling, collaboration and referral services for disorders of speech, fluency, resonance voice language, feeding, swallowing and cognitive aspects of communication;

      2.  Augmentative and alternative communication techniques and strategies;

      3.  Auditory training, speech reading and speech and language intervention for persons who suffer from hearing loss;

      4.  The screening of persons for hearing loss and middle ear pathology;

      5.  The use of oral and nasal endoscopy for the purpose of vocal tract imaging and visualization;

      6.  Selecting, fitting and establishing effective use of prosthetic or adaptive devices for communication, swallowing or other upper respiratory and digestive functions, not including sensory devices used by persons with hearing loss;

      7.  Providing services to modify or enhance communication;

      8.  Providing referral services for medical diagnosis and treatment; and

      9.  At the request of a physician, participating in the diagnosis of a person.

      Sec. 42. NRS 637B.070 is hereby amended to read as follows:

      637B.070  [“Speech] “Speech-language pathologist” means any person who [engages] is licensed to engage in the practice of [speech] speech-language pathology [.] pursuant to the provisions of this chapter.

      Sec. 43. NRS 637B.080 is hereby amended to read as follows:

      637B.080  The provisions of this chapter do not apply to [:

      1.  Any physician or any person who is working with patients or clients under the direct, immediate supervision of a physician and for whom the physician is directly responsible.

      2.  Any hearing aid specialist who is licensed pursuant to chapter 637A of NRS and who is acting within the scope of the license.

      3.  Any] any person who:

      [(a)]1.  Holds a current credential [as an audiologist or a speech pathologist] issued by the Department of Education [;

      (b)]pursuant to chapter 391 of NRS and any regulations adopted pursuant thereto and engages in the practice of audiology or speech-language pathology within the scope of that credential;

      2.  Is employed [as an audiologist or a speech pathologist by a federal agency or the Department of Health and Human Services;

 


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      (c)]by the Federal Government and engages in the practice of audiology or speech-language pathology within the scope of that employment;

      3.  Is a [graduate] student [intern] enrolled in a program or school approved by the Board , [and] is pursuing a [graduate] degree in audiology or [speech] speech-language pathology [;

      (d) Is a registered nurse employed as a school nurse; or

      (e)]and is clearly designated to the public as a student; or

      4.  Holds a current [certificate from the Council on the Education of the Deaf as a teacher,] license issued pursuant to chapters 630 to 637, inclusive, or 640 to 641C, inclusive, of NRS,

Ê and who does not engage in the private practice of audiology or [of speech] speech-language pathology in this State.

      Sec. 44. NRS 637B.100 is hereby amended to read as follows:

      637B.100  1.  The [Board of Examiners for Audiology and Speech] Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board, consisting of [five] eight members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) [Two] Three members who [have been engaged in the practice of speech pathology for 2 years or more;] are speech-language pathologists, each of whom must practice in a different setting, including, without limitation, a university, public school, hospital or private practice;

      (b) [One member who has been engaged in the practice of audiology for 2 years or more;] Two members who are audiologists, at least one of whom must be a dispensing audiologist;

      (c) [One member] Two members who [is a physician and who is certified by the Board of Medical Examiners as a specialist in otolaryngology, pediatrics or neurology;] are hearing aid specialists; and

      (d) One member who is a representative of the general public. This member must not be:

             (1) A [speech] speech-language pathologist , hearing aid specialist or an audiologist; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a [speech] speech-language pathologist , hearing aid specialist or an audiologist.

      3.  [Members of the Board who are speech pathologists and audiologists must be representative of the university, public school, hospital or private aspects of the practice of audiology and of speech pathology.

      4.]  Each member of the Board who is [a speech pathologist or] an audiologist , a speech-language pathologist or a hearing aid specialist must [hold] :

      (a) Have practiced, taught or conducted research in his or her profession for the 3 years immediately preceding the appointment; and

      (b) Hold a current license issued pursuant to this chapter . [or a current certificate of clinical competence from the American Speech-Language-Hearing Association.

      5.  The member who is a representative of the general public may not participate in preparing, conducting or grading any examination required by the Board.]

 


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      4.  A person who is a stockholder in a manufacturer of hearing aids may not be selected to or serve as a member of the Board.

      5.  After the initial terms, each member of the Board serves a term of 3 years.

      6.  A member of the Board shall not serve for more than two terms.

      7.  If a vacancy occurs during the term of a member, the Governor shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.

      Sec. 44.5. NRS 637B.100 is hereby amended to read as follows:

      637B.100  1.  The Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board, consisting of [eight] seven members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) Three members who are speech-language pathologists, each of whom must practice in a different setting, including, without limitation, a university, public school, hospital or private practice;

      (b) Two members who are audiologists, at least one of whom must be a dispensing audiologist;

      (c) [Two members] One member who [are] is a hearing aid [specialists;] specialist; and

      (d) One member who is a representative of the general public. This member must not be:

             (1) A speech-language pathologist, hearing aid specialist or an audiologist; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a speech-language pathologist, hearing aid specialist or an audiologist.

      3.  Each member of the Board who is an audiologist, a speech-language pathologist or a hearing aid specialist must:

      (a) Have practiced, taught or conducted research in his or her profession for the 3 years immediately preceding the appointment; and

      (b) Hold a current license issued pursuant to this chapter.

      4.  A person who is a stockholder in a manufacturer of hearing aids may not be selected to or serve as a member of the Board.

      5.  After the initial terms, each member of the Board serves a term of 3 years.

      6.  A member of the Board shall not serve for more than two terms.

      7.  If a vacancy occurs during the term of a member, the Governor shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.

      Sec. 45. NRS 637B.120 is hereby amended to read as follows:

      637B.120  1.  The Board shall elect from its members a Chair and Vice Chair. The officers of the Board hold their respective offices at the pleasure of the Board.

      2.  The Board shall meet at least twice annually and may meet at other times on the call of the [President] Chair or a majority of its members.

      [2.]3.  A majority of the Board constitutes a quorum to transact all business.

      4.  The Board shall comply with the provisions of chapter 241 of NRS, and all meetings of the Board must be conducted in accordance with that chapter.

 


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ê2015 Statutes of Nevada, Page 2305 (Chapter 404, AB 115)ê

 

      Sec. 46. NRS 637B.130 is hereby amended to read as follows:

      637B.130  1.  A member of the Board is entitled to receive:

      (a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      3.  The Board may employ and fix the compensation of an Executive Director and any other employee necessary to the discharge of its duties.

      4.  The expenses of the Board and members of the Board, and the salaries of its employees, must be paid from the fees received by the Board pursuant to this chapter, and no part of those expenses and salaries may be paid out of the State General Fund.

      Sec. 47. NRS 637B.160 is hereby amended to read as follows:

      637B.160  [1.  An applicant for a license to engage in the practice of audiology or speech pathology must be issued a license] Except as otherwise provided in NRS 637B.200 and sections 22 and 27 of this act, to be eligible for licensing by the Board [if the] , an applicant [:

      (a) Is over the age of 21 years;

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

      (c) Is] for a license to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids must:

      1.  Be a natural person of good moral character;

      [(d) Meets the requirements for education or training and experience provided by subsection 2;

      (e) Has completed at least 300 clock hours of supervised clinical experience in audiology or speech pathology, or both;

      (f) Applies for the license in the manner provided by the Board;

      (g) Passes any]

      2.  Pass an examination [required by this chapter;

      (h) Pays] prescribed by the Board pursuant to section 18 or 25 of this act, as applicable;

      3.  Pay the fees provided for in this chapter; and

      [(i) Submits]

      4.  Submit all information required to complete an application for a license.

      [2.  An applicant must possess a master’s degree in audiology or in speech pathology from an accredited educational institution or possess equivalent training and experience. If an applicant seeks to qualify on the basis of equivalent training and experience, the applicant must submit to the Board satisfactory evidence that he or she has obtained at least 60 semester credits, or equivalent quarter credits, in courses related to the normal development, function and use of speech and language or hearing, including, but not limited to, the management of disorders of speech or hearing and the legal, professional and ethical practices of audiology or speech pathology. At least 24 of the 60 credits, excluding any credits obtained for a thesis or dissertation, must have been obtained for courses directly relating to audiology or speech pathology.]

 


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obtained for a thesis or dissertation, must have been obtained for courses directly relating to audiology or speech pathology.]

      Sec. 48. NRS 637B.166 is hereby amended to read as follows:

      637B.166  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license to engage in the practice of audiology [or speech] , speech-language pathology or fitting and dispensing hearing aids 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 to engage in the practice of audiology [or speech] , speech-language pathology or fitting and dispensing hearing aids 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

      (b) A separate form prescribed by the Board.

      3.  A license to engage in the practice of audiology [or speech] , speech-language pathology or fitting and dispensing hearing aids 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.

      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. 49. NRS 637B.190 is hereby amended to read as follows:

      637B.190  The Board may issue a license without examination to a person who holds:

      1.  [A current license to practice audiology or speech pathology in a state whose licensing requirements at the time the license was issued are deemed by the Board to be substantially equivalent to those provided by this chapter; or

      2.]  A current certificate of clinical competence issued by the American [Speech and Hearing] Speech-Language-Hearing Association in the field of practice for which the person is applying for a license [.] ; or

      2.  Current certification from the American Board of Audiology.

      Sec. 50. NRS 637B.200 is hereby amended to read as follows:

      637B.200  1.  The Board [shall] may issue a temporary license to engage in the practice [audiology or speech] of:

 


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      (a) Audiology, speech-language pathology [,] or fitting and dispensing hearing aids upon application and the payment of the fee required [fee,] pursuant to NRS 637B.230 to any person who is so licensed in another state and who meets all the qualifications for licensing in this State [other than passing the examination.] ; and

      (b) Fitting and dispensing hearing aids upon application and payment of the fee required pursuant to NRS 637B.230 to any person who meets all of the qualifications for licensing as a hearing aid specialist or an endorsement of a license to engage in the practice of fitting and dispensing hearing aids other than passing the examination concerning the practice of fitting and dispensing hearing aids prescribed pursuant to section 25 of this act.

      2.  The Board may issue a temporary license to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids upon application and payment of the fee required pursuant to NRS 637B.230 to any spouse of a member of the Armed Forces of the United States who:

      (a) Is so licensed in another state; and

      (b) Attests that he or she meets all of the qualifications for licensure in this State.

      3.  A temporary license issued pursuant to this section [is valid until the Board publishes the results of the examination next administered after the license is issued.] :

      (a) Is valid for not more than 6 months;

      (b) May be renewed not more than once; and

      (c) May be converted to an active license upon the completion of all requirements for a license and payment of the fee required by NRS 637B.230.

      Sec. 51. NRS 637B.230 is hereby amended to read as follows:

      637B.230  1.  The Board shall charge and collect only the following fees whose amounts must be determined by the Board, but may not exceed:

 

Application fee [for a license to practice speech pathology........... $100

Application fee for a license to practice audiology............................ 100

Annual fee].............................................................................................. $150

License fee................................................................................................. 100

Fee for the renewal of a license..................................................... [50] 100

Reinstatement fee............................................................................ [75] 100

Examination fee....................................................................................... 300

Fee for converting to a different type of license.................................. 50

Fee for each additional license or endorsement................................. 50

Fee for obtaining license information................................................... 50

 

      2.  All fees are payable in advance and may not be refunded.

      Sec. 52. NRS 637B.240 is hereby amended to read as follows:

      637B.240  1.  All fees collected under the provisions of this chapter must be paid to the [Secretary-Treasurer of the] Board to be used to defray the necessary expenses of the Board. The [Secretary-Treasurer] Board shall deposit the fees in qualified banks, credit unions or savings and loan associations in this State.

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

 


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ê2015 Statutes of Nevada, Page 2308 (Chapter 404, AB 115)ê

 

disciplinary action pursuant to this chapter, impose and collect civil penalties therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this State.

      3.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the Board deposits the money collected from the imposition of civil penalties with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 53. NRS 637B.250 is hereby amended to read as follows:

      637B.250  1.  The grounds for initiating disciplinary action pursuant to this chapter are:

      [1.](a) Unprofessional conduct.

      [2.](b) Conviction of:

      [(a)](1) A violation of any federal or state law regarding the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

      [(b)](2) A felony or gross misdemeanor relating to the practice of audiology [or speech] , speech-language pathology [;] or fitting and dispensing hearing aids;

      [(c)](3) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

      [(d)](4) Any offense involving moral turpitude.

      [3.  Suspension or revocation of a license to practice audiology or speech pathology by any other jurisdiction.

      4.](c) Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

      [5.](d) Professional incompetence.

      [6.](e) Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

      [(a)](1) The license of the facility is suspended or revoked; or

      [(b)](2) An act or omission occurs which results 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, “unprofessional conduct” includes, without limitation:

      (a) Conduct that is harmful to the public health or safety;

      (b) Obtaining a license through fraud or misrepresentation of a material fact;

      (c) Suspension or revocation of a license to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids; and

      (d) A violation of any provision of:

             (1) Federal law concerning the practice of audiology, speech-language pathology or fitting and dispensing hearing aids or any regulations adopted pursuant thereto, including, without limitation, 21 C.F.R. §§ 801.420 and 801.421;

             (2) NRS 597.264 to 597.2667, inclusive, or any regulations adopted pursuant thereto; or

             (3) This chapter or any regulations adopted pursuant thereto.

 


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      Sec. 54. NRS 637B.255 is hereby amended to read as follows:

      637B.255  1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to engage in the practice of audiology [or speech] , speech-language pathology [,] or fitting and dispensing hearing aids, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license to engage in the practice of audiology [or speech] , speech-language pathology or fitting and dispensing hearing aids that has been suspended by a district court pursuant to NRS 425.540 if:

      (a) The Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and

      (b) The person whose license was suspended pays any fees imposed by the Board pursuant to NRS 637B.230 for the reinstatement of a license.

      Sec. 55. NRS 637B.280 is hereby amended to read as follows:

      637B.280  1.  If, after notice and a hearing as required by law, the Board determines that the applicant or licensee has committed any act which constitutes grounds for disciplinary action, the Board may, in the case of the applicant, refuse to issue a license, and in all other cases:

      (a) Refuse to renew a license;

      (b) Revoke a license;

      (c) Suspend a license ; [for a definite time, not to exceed 1 year;]

      (d) Administer to the licensee a public reprimand; [or]

      (e) Impose conditions on the practice of the licensee;

      (f) Impose a civil penalty not to exceed [$1,000.] $5,000 for each act constituting grounds for disciplinary action; or

      (g) Impose any combination of the disciplinary actions described in paragraphs (a) to (f), inclusive.

      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. 56. NRS 637B.290 is hereby amended to read as follows:

      637B.290  1.  A person shall not engage in the practice of audiology [or speech] , speech-language pathology or fitting and dispensing hearing aids in this State without holding a valid license issued pursuant to the provisions of this chapter.

      2.  In addition to any other penalty prescribed by law, if the Board determines that a person has engaged in the practice of audiology [or speech] , speech-language pathology or fitting and dispensing hearing aids in this State without holding a valid license issued pursuant to the provisions of this chapter, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 1.

 


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that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (c) Assess against the person an administrative fine of not more than $5,000.

      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      Sec. 57. NRS 637B.291 is hereby amended to read as follows:

      637B.291  Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who [practices] engages in the practice of or offers to engage in the practice of audiology [or speech] , speech-language pathology or fitting and dispensing hearing aids without the appropriate license issued pursuant to the provisions of this chapter.

      Sec. 58. NRS 637B.295 is hereby amended to read as follows:

      637B.295  A member or any agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter [practices] engages in the practice of audiology [or speech] , speech-language pathology or fitting and dispensing hearing aids and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is [practicing] engaging in the practice of audiology [or speech] , speech-language pathology or fitting and dispensing hearing aids without the appropriate license issued pursuant to the provisions of this chapter.

      Sec. 59. NRS 637B.310 is hereby amended to read as follows:

      637B.310  1.  The Board through its [President] Chair or [Secretary-Treasurer] Vice Chair may maintain in any court of competent jurisdiction a suit for an injunction against any person [practicing] engaging in the practice of audiology [or speech] , speech-language pathology or fitting and dispensing hearing aids without a license valid under this chapter.

      2.  Such an injunction:

      (a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

      (b) Shall not relieve such person from criminal prosecution for practicing without a license.

      Sec. 60. NRS 644.449 is hereby amended to read as follows:

      644.449  1.  If the Board determines that a complaint filed with the Board concerns a matter within the jurisdiction of another licensing board, the Board shall refer the complaint to the other licensing board within 5 days after making the determination.

      2.  The Board may refer a complaint pursuant to subsection 1 orally, electronically or in writing.

 


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      3.  The provisions of subsection 1 apply to any complaint filed with the Board, including, without limitation:

      (a) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated by the Board or by another licensing board; and

      (b) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated solely by another licensing board.

      4.  The provisions of this section do not prevent the Board from acting upon a complaint which concerns a matter within the jurisdiction of the Board regardless of whether the Board refers the complaint pursuant to subsection 1.

      5.  The Board or an officer or employee of the Board is immune from any civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions of this section.

      6.  As used in this section, “licensing board” means a board created pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, [637A,] 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B, 641C, 643, 644 or 654 of NRS.

      Sec. 61. NRS 654.185 is hereby amended to read as follows:

      654.185  1.  If the Board determines that a complaint filed with the Board concerns a matter within the jurisdiction of another licensing board, the Board shall refer the complaint to the other licensing board within 5 days after making the determination.

      2.  The Board may refer a complaint pursuant to subsection 1 orally, electronically or in writing.

      3.  The provisions of subsection 1 apply to any complaint filed with the Board, including, without limitation:

      (a) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated by the Board or by another licensing board; and

      (b) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated solely by another licensing board.

      4.  The provisions of this section do not prevent the Board from acting upon a complaint which concerns a matter within the jurisdiction of the Board regardless of whether the Board refers the complaint pursuant to subsection 1.

      5.  The Board or an officer or employee of the Board is immune from any civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions in this section.

      6.  As used in this section, “licensing board” means a board created pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, [637A,] 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B, 641C, 643, 644 or 654 of NRS.

      Sec. 62. NRS 179.121 is hereby amended to read as follows:

      179.121  1.  All personal property, including, without limitation, any tool, substance, weapon, machine, computer, money or security, which is used as an instrumentality in any of the following crimes is subject to forfeiture:

      (a) The commission of or attempted commission of the crime of murder, robbery, kidnapping, burglary, invasion of the home, grand larceny or theft if it is punishable as a felony;

 


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      (b) The commission of or attempted commission of any felony with the intent to commit, cause, aid, further or conceal an act of terrorism;

      (c) A violation of NRS 202.445 or 202.446;

      (d) The commission of any crime by a criminal gang, as defined in NRS 213.1263; or

      (e) A violation of NRS 200.463 to 200.468, inclusive, 201.300, 201.320, 202.265, 202.287, 205.473 to 205.513, inclusive, 205.610 to 205.810, inclusive, 370.380, 370.382, 370.395, 370.405, 465.070 to 465.085, inclusive, 630.400, 630A.600, 631.400, 632.285, 632.291, 632.315, 633.741, 634.227, 634A.230, 635.167, 636.145, 637.090, [637A.352,] 637B.290, 639.100, 639.2813, 640.169, 640A.230, 644.190 or 654.200.

      2.  Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287, 202.300 or 465.070 to 465.085, inclusive, are subject to forfeiture except that:

      (a) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or violation;

      (b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner’s knowledge, consent or willful blindness;

      (c) A conveyance is not subject to forfeiture for a violation of NRS 202.300 if the firearm used in the violation of that section was not loaded at the time of the violation; and

      (d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the felony. If a conveyance is forfeited, the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.

      3.  For the purposes of this section, a firearm is loaded if:

      (a) There is a cartridge in the chamber of the firearm;

      (b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

      (c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.

      4.  As used in this section, “act of terrorism” has the meaning ascribed to it in NRS 202.4415.

      Sec. 63. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1A.110, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.

 


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179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 386.655, 387.626, 387.631, 388.5275, 388.528, 388.5315, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.652, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 412.153, 416.070, 422.290, 422.305, 422A.320, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.270, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 453.1545, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 467.137, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.583, 584.655, 598.0964, 598.0979, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.353, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.212, 634.214, 634A.185, 635.158, 636.107, 637.085, [637A.315,] 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.280, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.

 


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supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

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

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

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

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

      Sec. 64. NRS 391.160 is hereby amended to read as follows:

      391.160  1.  The salaries of teachers and other employees must be determined by the character of the service required. A school district shall not discriminate between male and female employees in the matter of salary.

      2.  Each year when determining the salary of a teacher who holds certification issued by the National Board for Professional Teaching Standards, a school district shall add 5 percent to the salary that the teacher would otherwise receive in 1 year for the teacher’s classification on the schedule of salaries for the school district if:

      (a) On or before January 31 of the school year, the teacher has submitted evidence satisfactory to the school district of his or her current certification; and

      (b) The teacher is assigned by the school district to provide classroom instruction during that school year.

Ê No increase in salary may be given pursuant to this subsection during a particular school year to a teacher who submits evidence of certification after January 31 of that school year. For the first school year that a teacher submits evidence of his or her current certification, the board of trustees of the school district to whom the evidence was submitted shall pay the increase in salary required by this subsection retroactively to the beginning of that school year. Once a teacher has submitted evidence of such certification to the school district, the school district shall retain the evidence in its records, as applicable, for future school years. An increase in salary given in accordance with this subsection is in addition to any other increase to which the teacher may otherwise be entitled.

      3.  Each year when determining the salary of a person who is employed by a school district as a [speech] speech-language pathologist, the school district shall add 5 percent to the salary that the employee would otherwise receive in 1 year for the employee’s classification on the schedule of salaries for the school district if:

 


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would otherwise receive in 1 year for the employee’s classification on the schedule of salaries for the school district if:

      (a) On or before September 15 of the school year, the employee has submitted evidence satisfactory to the school district of the employee’s:

             (1) Licensure as a [speech] speech-language pathologist by the [Board of Examiners for Audiology and Speech] Speech-Language Pathology [;] , Audiology and Hearing Aid Dispensing Board;

             (2) Certification as being clinically competent in speech-language pathology by:

                   (I) The American Speech-Language-Hearing Association; or

                   (II) A successor organization to the American Speech-Language-Hearing Association that is recognized and determined to be acceptable by the [Board of Examiners for Audiology and Speech] Speech-Language Pathology [;] , Audiology and Hearing Aid Dispensing Board; and

      (b) The employee is assigned by the school district to serve as a [speech] speech-language pathologist during the school year.

Ê No increase in salary may be given pursuant to this subsection during a particular school year to an employee who submits evidence of licensure and certification after September 15 of that school year. Once an employee has submitted evidence of such licensure and certification to the school district, the school district shall retain the evidence in its records, as applicable, for future school years. An increase in salary given in accordance with this subsection is in addition to any other increase to which the employee may otherwise be entitled.

      4.  Each year when determining the salary of a person who is employed by a school district as a professional school library media specialist, the school district shall add 5 percent to the salary that the employee would otherwise receive in 1 year for the employee’s classification on the schedule of salaries of the school district if:

      (a) On or before September 15 of the school year, the employee has submitted evidence satisfactory to the school district of the employee’s current certification as a professional school library media specialist issued by the National Board for Professional Teaching Standards; and

      (b) The employee is assigned by the school district to serve as a professional school library media specialist during that school year.

Ê No increase in salary may be given pursuant to this subsection during a particular school year to an employee who submits evidence of certification after September 15 of that school year. Once an employee has submitted evidence of such certification to the school district, the school district shall retain the evidence in its records, as applicable, for future school years. An increase in salary given in accordance with this subsection is in addition to any other increase to which the employee may otherwise be entitled.

      5.  In determining the salary of a licensed teacher who is employed by a school district after the teacher has been employed by another school district in this State, the present employer shall, except as otherwise provided in subsection 8:

      (a) Give the teacher the same credit for previous teaching service as the teacher was receiving from the teacher’s former employer at the end of his or her former employment;

      (b) Give the teacher credit for the teacher’s final year of service with his or her former employer, if credit for that service is not included in credit given pursuant to paragraph (a); and

 


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      (c) Place the teacher on the schedule of salaries of the school district in a classification that is commensurate with the level of education acquired by the teacher, as set forth in the applicable negotiated agreement with the present employer.

      6.  A school district may give the credit required by subsection 5 for previous teaching service earned in another state if the Commission has approved the standards for licensing teachers of that state. The Commission shall adopt regulations that establish the criteria by which the Commission will consider the standards for licensing teachers of other states for the purposes of this subsection. The criteria may include, without limitation, whether the Commission has authorized reciprocal licensure of educational personnel from the state under consideration.

      7.  In determining the salary of a licensed administrator, other than the superintendent of schools, who is employed by a school district after the administrator has been employed by another school district in this State, the present employer shall, except as otherwise provided in subsection 8:

      (a) Give the administrator the same credit for previous administrative service as the administrator was receiving from the administrator’s former employer, at the end of his or her former employment;

      (b) Give the administrator credit for the administrator’s final year of service with his or her former employer, if credit for that service is not otherwise included in the credit given pursuant to paragraph (a); and

      (c) Place the administrator on the schedule of salaries of the school district in a classification that is comparable to the classification the administrator had attained on the schedule of salaries of the administrator’s former employer.

      8.  This section does not:

      (a) Require a school district to allow a teacher or administrator more credit for previous teaching or administrative service than the maximum credit for teaching or administrative experience provided for in the schedule of salaries established by it for its licensed personnel.

      (b) Permit a school district to deny a teacher or administrator credit for his or her previous teaching or administrative service on the ground that the service differs in kind from the teaching or administrative experience for which credit is otherwise given by the school district.

      9.  As used in this section:

      (a) “Previous administrative service” means the total of:

             (1) Any period of administrative service for which an administrator received credit from the administrator’s former employer at the beginning of his or her former employment; and

             (2) The administrator’s period of administrative service in his or her former employment.

      (b) “Previous teaching service” means the total of:

             (1) Any period of teaching service for which a teacher received credit from the teacher’s former employer at the beginning of his or her former employment; and

             (2) The teacher’s period of teaching service in his or her former employment.

      Sec. 65. NRS 432B.220 is hereby amended to read as follows:

      432B.220  1.  Any person who is described in subsection 4 and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:

 


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      (a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:

      (a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of the home for a portion of the day, the person shall make the report to a law enforcement agency.

      (b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

      3.  Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services. A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) A person providing services licensed or certified in this State pursuant to, without limitation, chapter 450B, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, [637A,] 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B or 641C of NRS.

      (b) Any personnel of a medical facility licensed pursuant to chapter 449 of NRS who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of such a medical facility upon notification of suspected abuse or neglect of a child by a member of the staff of the medical facility.

      (c) A coroner.

      (d) A member of the clergy, practitioner of Christian Science or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession.

      (e) A person working in a school who is licensed or endorsed pursuant to chapter 391 or 641B of NRS.

      (f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child.

 


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      (g) Any person licensed pursuant to chapter 424 of NRS to conduct a foster home.

      (h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.

      (i) Except as otherwise provided in NRS 432B.225, an attorney.

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

      (k) Any person who is employed by or serves as a volunteer for a youth shelter. As used in this paragraph, “youth shelter” has the meaning ascribed to it in NRS 244.427.

      (l) Any adult person who is employed by an entity that provides organized activities for children.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency which provides child welfare services or a law enforcement agency. If such a report is made to a law enforcement agency, the law enforcement agency shall notify an agency which provides child welfare services and the appropriate medical examiner or coroner of the report. If such a report is made to an agency which provides child welfare services, the agency which provides child welfare services shall notify the appropriate medical examiner or coroner of the report. The medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his or her written findings to the appropriate agency which provides child welfare services, the appropriate district attorney and a law enforcement agency. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.

      7.  The agency, board, bureau, commission, department, division or political subdivision of the State responsible for the licensure, certification or endorsement of a person who is described in subsection 4 and who is required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State shall, at the time of initial licensure, certification or endorsement:

      (a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;

      (b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and

      (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is licensed, certified or endorsed in this State.

      8.  The employer of a person who is described in subsection 4 and who is not required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State must, upon initial employment of the person:

      (a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;

 


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      (b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and

      (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is employed by the employer.

      Sec. 66. NRS 439B.225 is hereby amended to read as follows:

      439B.225  1.  As used in this section, “licensing board” means any division or board empowered to adopt standards for the issuance or renewal of licenses, permits or certificates of registration pursuant to NRS 435.3305 to 435.339, inclusive, chapter 449, 625A, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, [637A,] 637B, 639, 640, 640A, 640D, 641, 641A, 641B, 641C, 652 or 654 of NRS.

      2.  The Committee shall review each regulation that a licensing board proposes or adopts that relates to standards for the issuance or renewal of licenses, permits or certificates of registration issued to a person or facility regulated by the board, giving consideration to:

      (a) Any oral or written comment made or submitted to it by members of the public or by persons or facilities affected by the regulation;

      (b) The effect of the regulation on the cost of health care in this State;

      (c) The effect of the regulation on the number of licensed, permitted or registered persons and facilities available to provide services in this State; and

      (d) Any other related factor the Committee deems appropriate.

      3.  After reviewing a proposed regulation, the Committee shall notify the agency of the opinion of the Committee regarding the advisability of adopting or revising the proposed regulation.

      4.  The Committee shall recommend to the Legislature as a result of its review of regulations pursuant to this section any appropriate legislation.

      Sec. 67. NRS 679B.440 is hereby amended to read as follows:

      679B.440  1.  The Commissioner may require that reports submitted pursuant to NRS 679B.430 include, without limitation, information regarding:

      (a) Liability insurance provided to:

             (1) Governmental agencies and political subdivisions of this State, reported separately for:

                   (I) Cities and towns;

                   (II) School districts; and

                   (III) Other political subdivisions;

             (2) Public officers;

             (3) Establishments where alcoholic beverages are sold;

             (4) Facilities for the care of children;

             (5) Labor, fraternal or religious organizations; and

             (6) Officers or directors of organizations formed pursuant to title 7 of NRS, reported separately for nonprofit entities and entities organized for profit;

      (b) Liability insurance for:

             (1) Defective products;

             (2) Medical or dental malpractice of:

                   (I) A practitioner licensed pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, [637A,] 637B, 639 or 640 of NRS;

                   (II) A hospital or other health care facility; or

                   (III) Any related corporate entity.

 


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             (3) Malpractice of attorneys;

             (4) Malpractice of architects and engineers; and

             (5) Errors and omissions by other professionally qualified persons;

      (c) Vehicle insurance, reported separately for:

             (1) Private vehicles;

             (2) Commercial vehicles;

             (3) Liability insurance; and

             (4) Insurance for property damage;

      (d) Workers’ compensation insurance; and

      (e) In addition to any information provided pursuant to subparagraph (2) of paragraph (b) or NRS 690B.260, a policy of insurance for medical malpractice. As used in this paragraph, “policy of insurance for medical malpractice” has the meaning ascribed to it in NRS 679B.144.

      2.  The Commissioner may require that the report include, without limitation, information specifically pertaining to this State or to an insurer in its entirety, in the aggregate or by type of insurance, and for a previous or current year, regarding:

      (a) Premiums directly written;

      (b) Premiums directly earned;

      (c) Number of policies issued;

      (d) Net investment income, using appropriate estimates when necessary;

      (e) Losses paid;

      (f) Losses incurred;

      (g) Loss reserves, including:

             (1) Losses unpaid on reported claims; and

             (2) Losses unpaid on incurred but not reported claims;

      (h) Number of claims, including:

             (1) Claims paid; and

             (2) Claims that have arisen but are unpaid;

      (i) Expenses for adjustment of losses, including allocated and unallocated losses;

      (j) Net underwriting gain or loss;

      (k) Net operation gain or loss, including net investment income; and

      (l) Any other information requested by the Commissioner.

      3.  The Commissioner may also obtain, based upon an insurer in its entirety, information regarding:

      (a) Recoverable federal income tax;

      (b) Net unrealized capital gain or loss; and

      (c) All other expenses not included in subsection 2.

      Sec. 67.5.  1.  Notwithstanding any other provision of law to the contrary, the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board created by NRS 637B.100, as amended by section 44 of this act, shall be deemed to be the successor entity of the Board of Hearing Aid Specialists created by section 4 of chapter 583, Statutes of Nevada 1973, at page 990.

      2.  Any contract or other agreement entered into by an officer or entity whose name has been changed pursuant to the provisions of this act is binding upon the officer or entity to which the responsibility for the administration of the contract or other agreement has been transferred. Such a contract or other agreement may be enforced by the officer or entity to which the responsibility for the enforcement of the contract or other agreement has been transferred.

 


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      3.  Any disciplinary or other administrative action taken by the Board of Hearing Aid Specialists remains in effect as if taken by the officer or entity to which the responsibility for the enforcement of such action has been transferred.

      4.  The Secretary of the Board of Hearing Aid Specialists shall close each account maintained with a financial institution by the Board of Hearing Aid Specialists pursuant to NRS 637A.080 and pay the closing balance of the account to the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board created by NRS 637B.100, as amended by section 44 of this act. The assets and liabilities of each such account are unaffected by the closure and payment. The Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board shall deposit the money so received in qualified banks, credit unions or savings and loan associations in this State in accordance with NRS 637B.240, as amended by section 52 of this act.

      Sec. 68.  Notwithstanding the amendatory provisions of this act:

      1.  The Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board created by NRS 637B.100, as amended by section 44 of this act, shall issue an endorsement to engage in the practice of fitting and dispensing hearing aids to any audiologist who, on October 1, 2015, holds a current license as a hearing aid specialist issued by the Board of Hearing Aid Specialists pursuant to chapter 637A of NRS.

      2.  A license that is valid on October 1, 2015, and that was issued by the Board of Hearing Aid Specialists created by NRS 637A.030 or the Board of Examiners for Audiology and Speech Pathology created by NRS 637B.100:

      (a) Shall be deemed to be issued by the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board created by NRS 637B.100, as amended by section 44 of this act; and

      (b) Remains valid until its date of expiration, if the holder of the license otherwise remains qualified for the issuance or renewal of the license on or after October 1, 2015.

      Sec. 69.  1.  The terms of the members of the Board of Hearing Aid Specialists created by NRS 637A.030 and the Board of Examiners for Audiology and Speech Pathology created by NRS 637B.100 who are incumbent on September 30, 2015, expire on that date.

      2.  On or before October 1, 2015, the Governor shall appoint the members of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board created by NRS 637B.100, as amended by section 44 of this act, to terms commencing on October 1, 2015, as follows:

      (a) Two members to terms that expire on July 1, 2016;

      (b) Four members to terms that expire on July 1, 2017; and

      (c) Two members to terms that expire on July 1, 2018.

      Sec. 70.  1.  Notwithstanding the amendatory provisions of sections 17, 18, 25, 28, 35 and 72 of this act transferring authority to adopt regulations from the Board of Hearing Aid Specialists created by NRS 637A.030 and the Board of Examiners for Audiology and Speech Pathology created by NRS 637B.100 to the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board created by NRS 637B.100, as amended by section 44 of this act, any regulations adopted by the Board of Hearing Aid Specialists and the Board of Examiners for Audiology and Speech Pathology that do not conflict with the provisions of this act remain in effect and may be enforced by the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board until the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board adopts regulations to repeal or replace those regulations.

 


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Hearing Aid Dispensing Board until the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board adopts regulations to repeal or replace those regulations.

      2.  Any regulations adopted by the Board of Hearing Aid Specialists created by NRS 637A.030 or the Board of Examiners for Audiology and Speech Pathology created by NRS 637B.100 that conflict with the provisions of this act are void. The Legislative Counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after October 1, 2015.

      Sec. 71.  The Legislative Counsel shall:

      1.  In preparing the Nevada Revised Statutes, use the authority set forth in subsection 10 of NRS 220.120 to substitute appropriately the name of any agency, officer or instrumentality of the State whose name is changed by this act for the name which the agency, officer or instrumentality previously used; and

      2.  In preparing supplements to the Nevada Administrative Code, substitute appropriately the name of any agency, officer or instrumentality of the State whose name is changed by this act for the name which the agency, officer or instrumentality previously used.

      Sec. 72.  1.  NRS 637A.010, 637A.020, 637A.021, 637A.0213, 637A.0217, 637A.022, 637A.0221, 637A.0223, 637A.0227, 637A.023, 637A.0233, 637A.0235, 637A.024, 637A.025, 637A.030, 637A.035, 637A.040, 637A.060, 637A.080, 637A.090, 637A.100, 637A.110, 637A.120, 637A.130, 637A.140, 637A.150, 637A.160, 637A.163, 637A.170, 637A.190, 637A.200, 637A.205, 637A.210, 637A.220, 637A.225, 637A.230, 637A.235, 637A.240, 637A.243, 637A.245, 637A.250, 637A.253, 637A.260, 637A.270, 637A.290, 637A.300, 637A.305, 637A.310, 637A.315, 637A.340, 637A.345, 637A.350, 637A.352, 637A.353, 637A.355, 637A.360, 637B.090, 637B.110, 637B.150, 637B.170, 637B.210, 637B.220, 637B.270 and 637B.300 are hereby repealed.

      2.  Section 322 of chapter 483, Statutes of Nevada 1997, is hereby repealed.

      Sec. 73.  1.  This section and sections 1 to 44, inclusive, and 45 to 72, inclusive, of this act become effective:

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

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

      2.  Section 44.5 of this act becomes effective on July 1, 2017.

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ê2015 Statutes of Nevada, Page 2323ê

 

CHAPTER 405, AB 135

Assembly Bill No. 135–Committee on Government Affairs

 

CHAPTER 405

 

[Approved: June 8, 2015]

 

AN ACT relating to public records; requiring the Division of State Library and Archives of the Department of Administration to develop and, under certain circumstances, conduct a program of education and training concerning the retention and disposition of official state records for the employees of agencies, boards and commissions that are required to have a schedule approved by the Committee to Approve Schedules for the Retention and Disposition of Official State Records; requiring, under certain circumstances, the head of such an agency, board or commission to require certain employees to complete the program; requiring the head of such an agency, board or commission to issue a letter of reprimand to an employee who knowingly and willfully disposes of an official state record in a manner contrary to an approved schedule for the retention and disposition of official state records or authorizing the head of an agency, board or commission to take more severe disciplinary action against such an employee in appropriate circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires certain state agencies, boards and commissions, in cooperation with the Division of State Library and Archives of the Department of Administration, to develop a schedule for the retention and disposition of the official state records of the agency, board or commission. Existing law also requires the Division to submit the schedules to the Committee to Approve Schedules for the Retention and Disposition of Official State Records for approval. Upon approval of a schedule, existing law provides that an official state record may be disposed of only in accordance with the approved schedule. (NRS 239.077, 239.080) As recommended by the Sunset Subcommittee of the Legislative Commission, this bill requires the Division to develop a program of education and training concerning the retention and disposition of official state records for employees of such agencies, boards and commissions. This bill requires the Division to conduct the program to the extent that resources are available. This bill also requires, under certain circumstances, the head of a state agency, board or commission that is required to maintain its official state records in accordance with such an approved schedule to require certain employees to complete the program. This bill further: (1) requires the head of an agency, board or commission to issue a letter of reprimand to an employee of the agency, board or commission who knowingly and willfully disposes of an official state record in a manner contrary to the approved schedule; or (2) authorizes the head of an agency, board or commission to take more severe disciplinary action against such an employee in appropriate circumstances.

 


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ê2015 Statutes of Nevada, Page 2324 (Chapter 405, AB 135)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 239 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Division shall develop and, to the extent that resources are available, conduct a program of education and training on the retention and disposition of official state records for the employees of each agency, board and commission that is required to maintain its official state records in accordance with a schedule for the retention and disposition of official state records that has been developed pursuant to NRS 239.080. The program must include, without limitation, instruction concerning:

      (a) The general standards of the Division for the development pursuant to NRS 239.080 of schedules for the retention and disposition of official state records;

      (b) The specific criteria for the retention and disposition of official state records in accordance with the approved schedule applicable to the agency, board or commission by which an employee is employed; and

      (c) Any criminal or civil penalties or other administrative or disciplinary action to which an employee may be subject as the result of the disposal of an official state record in a manner contrary to the approved schedule for the retention and disposition of official state records applicable to the agency, board or commission by which the employee is employed.

      2.  Except as otherwise provided in subsection 3, the head of an agency, board or commission that is required to maintain its official state records in accordance with a schedule for the retention and disposition of official state records that has been developed pursuant to NRS 239.080 and approved by the Committee pursuant to NRS 239.077:

      (a) Shall require each employee of the agency, board or commission, as applicable, whose duties include the management of the retention and disposal of any official state records of the agency, board or commission to complete the program of education and training on the retention and disposition of official state records that is developed and conducted by the Division pursuant to subsection 1.

      (b) May require other employees of the agency, board or commission, as applicable, to complete the program of education and training described in paragraph (a).

      3.  If sufficient resources are not available for the Division to conduct, in whole or in part, the program of education and training on the retention and disposition of official state records pursuant to subsection 1, the Division shall:

      (a) Determine which heads of agencies, boards or commissions that are required to maintain official state records in accordance with a schedule for the retention and disposition of official state records that has been developed pursuant to NRS 239.080 and approved by the Committee pursuant to NRS 239.077 are subject to the provisions of subsection 2; and

      (b) Notify the head of each agency, board or commission that is required to maintain its official state records in accordance with a schedule for the retention and disposition of official state records that has been developed pursuant to NRS 239.080 and approved by the Committee pursuant to NRS 239.077 whether the head of the agency, board or commission is:

 


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ê2015 Statutes of Nevada, Page 2325 (Chapter 405, AB 135)ê

 

developed pursuant to NRS 239.080 and approved by the Committee pursuant to NRS 239.077 whether the head of the agency, board or commission is:

             (1) Required to comply with the provisions of paragraph (a) of subsection 2; and

             (2) Authorized to comply with the provisions of paragraph (b) of subsection 2.

      4.  The head of an agency, board or commission that is required to maintain its official state records in accordance with a schedule for the retention and disposition of official state records that has been developed pursuant to NRS 239.080 and approved by the Committee pursuant to NRS 239.077:

      (a) Except as otherwise provided in paragraph (b), shall issue a letter of reprimand to any employee of the agency, board or commission, as applicable, who knowingly and willfully disposes of an official state record of the agency, board or commission in a manner contrary to the approved schedule for the retention and disposition of the official state records of the agency, board or commission.

      (b) In lieu of a letter of reprimand issued pursuant to paragraph (a), may take more severe disciplinary action against an employee in a matter involving a repeated offense or where circumstances otherwise warrant such action.

      Sec. 2. NRS 239.005 is hereby amended to read as follows:

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

      1.  “Actual cost” means the direct cost related to the reproduction of a public record. The term does not include a cost that a governmental entity incurs regardless of whether or not a person requests a copy of a particular public record.

      2.  “Agency of the Executive Department” means an agency, board, commission, bureau, council, department, division, authority or other unit of the Executive Department of the State Government. The term does not include the Nevada System of Higher Education.

      3.  “Committee” means the Committee to Approve Schedules for the Retention and Disposition of Official State Records.

      4.  “Division” means the Division of State Library and Archives of the Department of Administration.

      5.  “Governmental entity” means:

      (a) An elected or appointed officer of this State or of a political subdivision of this State;

      (b) An institution, board, commission, bureau, council, department, division, authority or other unit of government of this State, including, without limitation, an agency of the Executive Department, or of a political subdivision of this State;

      (c) A university foundation, as defined in NRS 396.405; or

      (d) An educational foundation, as defined in NRS 388.750, to the extent that the foundation is dedicated to the assistance of public schools.

      6.  “Official state record” includes, without limitation:

      (a) Papers, unpublished books, maps and photographs;

      (b) Information stored on magnetic tape or computer, laser or optical disc;

      (c) Materials that are capable of being read by a machine, including, without limitation, microforms and audio and visual materials; and

 


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      (d) Materials that are made or received by a state agency and preserved by that agency or its successor as evidence of the organization, operation, policy or any other activity of that agency or because of the information contained in the material.

      7.  “Privatization contract” means a contract executed by or on behalf of a governmental entity which authorizes a private entity to provide public services that are:

      (a) Substantially similar to the services provided by the public employees of the governmental entity; and

      (b) In lieu of the services otherwise authorized or required to be provided by the governmental entity.

      Sec. 3. NRS 239.080 is hereby amended to read as follows:

      239.080  1.  An official state record may be disposed of only in accordance with a schedule for retention and disposition which is approved by the Committee.

      2.  In cooperation with the Division, each agency, board and commission shall develop a schedule for the retention and disposition of each type of official state record.

      3.  The Division shall submit the schedules described in subsection 2 to the Committee for final approval.

      [4.  As used in this section, “official state record” includes, without limitation, any:

      (a) Papers, unpublished books, maps and photographs;

      (b) Information stored on magnetic tape or computer, laser or optical disc;

      (c) Materials which are capable of being read by a machine, including microforms and audio and visual materials; and

      (d) Materials which are made or received by a state agency and preserved by that agency or its successor as evidence of the organization, operation, policy or any other activity of that agency or because of the information contained in the material.]

      Sec. 4.  This act becomes effective:

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

      2.  On January 1, 2016, for all other purposes.

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ê2015 Statutes of Nevada, Page 2327ê

 

CHAPTER 406, AB 161

Assembly Bill No. 161–Assemblywoman Bustamante Adams

 

CHAPTER 406

 

[Approved: June 8, 2015]

 

AN ACT relating to taxation; authorizing certain qualified businesses in this State that own, operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or any component of an aircraft to apply to the Office of Economic Development for a partial abatement from certain property or sales and use taxes; revising the provisions governing the administration of the sales and use taxes to change the manner in which the taxes are required to be paid on tangible personal property purchased in the performance of certain contracts; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the assessment of ad valorem taxes on certain real and personal property and the assessment of certain taxes on the gross receipts from the sale, storage, use or other consumption of certain personal property. (Chapters 361 and 374 of NRS) Section 1 of this bill authorizes an owner of a qualified business or a person who intends to locate or expand a qualified business in this State to apply to the Office of Economic Development for a partial abatement of certain personal property or sales and use taxes. Section 1 requires the Office of Economic Development to approve a partial abatement for a period of not more than 20 years for certain qualified new and existing businesses that own, operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or any component of an aircraft.

      Sections 4 and 5 of this bill revise provisions governing the administration of the sales and use taxes (chapters 372 and 374 of NRS) to provide that a business, rather than a customer of such a business, is required to pay the sales or use tax on any tangible personal property purchased in the performance of a contract for the ownership, operation, manufacture, servicing, maintenance, testing, repair, overhaul or assembly of an aircraft or any component of an aircraft. For any such business which has been granted a partial abatement from sales and use taxes pursuant to section 1, the sales or use tax imposed on the business, other than the taxes imposed pursuant to the Sales and Use Tax Act, would then be abated.

      Existing law exempts from certain sales and use taxes the gross receipts from the sale of aircraft and major components of aircraft to an air carrier that maintains its central office and bases a majority of its aircraft in Nevada. (NRS 372.317) A related provision governs the administration of the exemption. (NRS 372.726) In 1997, the Nevada Supreme Court held that the exemption was unconstitutional because it discriminated against interstate commerce. (Worldcorp v. State, Dep’t of Taxation, 113 Nev. 1032 (1997)) Section 12 of this bill repeals both provisions.

 


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ê2015 Statutes of Nevada, Page 2328 (Chapter 406, AB 161)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 360 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An owner of a business or a person who intends to locate or expand a business in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of one or more of:

      (a) The personal property taxes imposed on an aircraft and the personal property used to own, operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or any component of an aircraft; and

      (b) The local sales and use taxes imposed on the purchase of tangible personal property used to operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or any component of an aircraft.

      2.  Notwithstanding the provisions of any law to the contrary and except as otherwise provided in subsections 3 and 4, the Office of Economic Development shall approve an application for a partial abatement if the Office makes the following determinations:

      (a) The applicant has executed an agreement with the Office which:

             (1) Complies with the requirements of NRS 360.755;

             (2) States the date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application;

             (3) States that the business will, after the date on which a certificate of eligibility for the partial abatement is issued pursuant to subsection 5, continue in operation in this State for a period specified by the Office, which must be not less than 5 years, and will continue to meet the eligibility requirements set forth in this subsection; and

             (4) Binds any successor in interest of the applicant for the specified period;

      (b) The business is registered pursuant to the laws of this State or the applicant commits to obtaining a valid business license and all other permits required by the county, city or town in which the business operates;

      (c) The business owns, operates, manufactures, services, maintains, tests, repairs, overhauls or assembles an aircraft or any component of an aircraft;

      (d) If the business is:

             (1) A new business, that it will have five or more full-time employees on the payroll of the business within 1 year after receiving its certificate of eligibility for a partial abatement; or

             (2) An existing business, that it will increase its number of full-time employees on the payroll of the business in this State by 3 percent or three employees, whichever is greater, within 1 year after receiving its certificate of eligibility for a partial abatement; and

      (e) The business meets at least one of the following requirements:

             (1) The business will make a new capital investment of at least $250,000 in this State within 1 year after receiving its certificate of eligibility for a partial abatement.

 


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             (2) The business will maintain and possess in this State tangible personal property having a value of not less than $5,000,000 during the period of partial abatement.

             (3) The average hourly wage that will be paid by the business to its employees in this State during the period of partial abatement is not less than 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.

             (4) The business develops, refines or owns a patent or other intellectual property, or has been issued a type certificate by the Federal Aviation Administration pursuant to 14 C.F.R. Part 21.

      3.  The Office of Economic Development:

      (a) Shall approve or deny an application submitted pursuant to this section and notify the applicant of its decision not later than 45 days after receiving the application.

      (b) Must not:

             (1) Consider an application for a partial abatement unless the Office has requested a letter of acknowledgment of the request for the partial abatement from any affected county, school district, city or town and has complied with the requirements of NRS 360.757; or

             (2) Approve a partial abatement for any applicant for a period of more than 20 years.

      4.  The Office of Economic Development must not approve a partial abatement of personal property taxes for a business whose physical property is collectively valued and centrally assessed pursuant to NRS 361.320 and 361.3205 unless the business is regulated under 14 C.F.R. Part 125 or 135.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office shall immediately forward a certificate of eligibility for the partial abatement to:

      (a) The Department;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from personal property taxes, the appropriate county treasurer.

      6.  An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

      7.  If a business whose partial abatement has been approved pursuant to this section and whose partial abatement is in effect ceases:

      (a) To meet the requirements set forth in subsection 2; or

      (b) Operation before the time specified in the agreement described in paragraph (a) of subsection 2,

Ê the business shall repay to the Department or, if the partial abatement was from personal property taxes, to the appropriate county treasurer, the amount of the partial abatement that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the partial abatement required to be repaid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

 


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interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      8.  The Office of Economic Development may adopt such regulations as the Office determines to be necessary to carry out the provisions of this section.

      9.  The Nevada Tax Commission may adopt such regulations as the Commission determines are necessary to carry out the provisions of this section.

      10.  An applicant for a partial abatement who is aggrieved by a final decision of the Office of Economic Development may petition a court of competent jurisdiction to review the decision in the manner provided in chapter 233B of NRS.

      11.  If the Office of Economic Development approves an application for a partial abatement of local sales and use taxes pursuant to this section, the Department shall issue to the business a document certifying the partial abatement which can be presented to retailers and customers of the business at the time of sale. The document must clearly state that the purchaser is only required to pay sales and use taxes imposed in this State at the rate of 2 percent.

      12.  As used in this section:

      (a) “Aircraft” means any fixed-wing, rotary-wing or unmanned aerial vehicle.

      (b) “Component of an aircraft” means any:

             (1) Element that makes up the physical structure of an aircraft, or is affixed thereto;

             (2) Mechanical, electrical or other system of an aircraft, including, without limitation, any component thereof; and

             (3) Raw material or processed material, part, machinery, tool, chemical, gas or equipment used to operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or component of an aircraft.

      (c) “Full-time employee” means a person who is in a permanent position of employment and works an average of 30 hours per week during the applicable period set forth in subparagraph (3) of paragraph (a) of subsection 2.

      (d) “Local sales and use taxes” means any taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in any political subdivision of this State, except the taxes imposed by the Sales and Use Tax Act.

      (e) “Personal property taxes” means any taxes levied on personal property by the State or a local government pursuant to chapter 361 of NRS.

      Sec. 2. NRS 360.755 is hereby amended to read as follows:

      360.755  1.  If the Office of Economic Development approves an application by a business for an abatement of taxes pursuant to NRS 360.950 or a partial abatement pursuant to NRS 360.750 or 360.752, or section 1 of this act, the agreement with the Office must provide that the business:

 


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      (a) Agrees to allow the Department to conduct audits of the business to determine whether the business is in full compliance with the requirements for the abatement or partial abatement; and

      (b) Consents to the disclosure of the audit reports in the manner set forth in this section.

      2.  If the Department conducts an audit of the business to determine whether the business is in full compliance with the requirements for the abatement or partial abatement, the Department shall, upon request, provide the audit report to the Office of Economic Development.

      3.  Until the business has exhausted all appeals to the Department and the Nevada Tax Commission relating to the audit, the information contained in the audit report provided to the Office of Economic Development:

      (a) Is confidential proprietary information of the business;

      (b) Is not a public record; and

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

      4.  After the business has exhausted all appeals to the Department and the Nevada Tax Commission relating to the audit:

      (a) The audit report provided to the Office of Economic Development is a public record; and

      (b) Upon request by any person, the Executive Director of the Office of Economic Development shall disclose the audit report to the person who made the request, except for any information in the audit report that is protected from disclosure pursuant to subsection 5.

      5.  Before the Executive Director of the Office of Economic Development discloses the audit report to the public, the business may submit a request to the Executive Director to protect from disclosure any information in the audit report which, under generally accepted business practices, would be considered a trade secret or other confidential proprietary information of the business. After consulting with the business, the Executive Director shall determine whether to protect the information from disclosure. The decision of the Executive Director is final and is not subject to judicial review. If the Executive Director determines to protect the information from disclosure, the protected information:

      (a) Is confidential proprietary information of the business;

      (b) Is not a public record;

      (c) Must be redacted by the Executive Director from any audit report that is disclosed to the public; and

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

      Sec. 3. NRS 360.757 is hereby amended to read as follows:

      360.757  1.  The Office of Economic Development shall not take any action on an application for any abatement of taxes pursuant to NRS 274.310, 274.320, 274.330 or 360.750 or section 1 of this act or any other specific statute unless the Office:

      (a) Takes that action at a public meeting conducted for that purpose; and

      (b) At least 30 days before the meeting, provides notice of the application to:

 


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             (1) The governing body of the county, the board of trustees of the school district and the governing body of the city or town, if any, in which the pertinent business is or will be located;

             (2) The governing body of any other political subdivision that could be affected by the abatement; and

             (3) The general public.

      2.  The notice required by this section must set forth the date, time and location of the meeting at which the Office of Economic Development will consider the application.

      3.  The Office of Economic Development shall adopt regulations relating to the notice required by this section.

      Sec. 4. Chapter 372 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In administering the provisions of this chapter:

      (a) The Department shall calculate the amount of tax imposed on tangible personal property purchased for use in owning, operating, manufacturing, servicing, maintaining, testing, repairing, overhauling or assembling an aircraft or any component of an aircraft as follows:

             (1) If the tangible personal property is purchased by a business for use in the performance of a contract, the business is deemed the consumer of the tangible personal property and the sales tax must be paid by the business on the sales price of the tangible personal property to the business.

             (2) If the tangible personal property is purchased by a business for use in the performance of a contract and the sales tax is not paid because the vendor did not have a valid seller’s permit, or because the resale certificate was properly presented, or for any other reason, the use tax must be imposed based on the sales price of the tangible personal property to the business.

      (b) Any tangible personal property purchased by a business for use in the performance of a contract is deemed to have been purchased for use in owning, operating, manufacturing, servicing, maintaining, testing, repairing, overhauling or assembling an aircraft or any component of an aircraft.

      2.  As used in this section:

      (a) “Aircraft” has the meaning ascribed to it in paragraph (a) of subsection 12 of section 1 of this act.

      (b) “Component of an aircraft” has the meaning ascribed to it in paragraph (b) of subsection 12 of section 1 of this act.

      (c) “Contract” means any contract for the ownership, operation, manufacture, service, maintenance, testing, repair, overhaul or assembly of an aircraft or any component of an aircraft entered into by a business.

      Sec. 5. Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In administering the provisions of this chapter:

      (a) The Department shall calculate the amount of tax imposed on tangible personal property purchased for use in owning, operating, manufacturing, servicing, maintaining, testing, repairing, overhauling or assembling an aircraft or any component of an aircraft as follows:

             (1) If the tangible personal property is purchased by a business for use in the performance of a contract, the business is deemed the consumer of the tangible personal property and the sales tax must be paid by the business on the sales price of the tangible personal property to the business.

 


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of the tangible personal property and the sales tax must be paid by the business on the sales price of the tangible personal property to the business.

             (2) If the tangible personal property is purchased by a business for use in the performance of a contract and the sales tax is not paid because the vendor did not have a valid seller’s permit, or because the resale certificate was properly presented, or for any other reason, the use tax must be imposed based on the sales price of the tangible personal property to the business.

      (b) Any tangible personal property purchased by a business for use in the performance of a contract is deemed to have been purchased for use in owning, operating, manufacturing, servicing, maintaining, testing, repairing, overhauling or assembling an aircraft or any component of an aircraft.

      2.  As used in this section:

      (a) “Aircraft” has the meaning ascribed to it in paragraph (a) of subsection 12 of section 1 of this act.

      (b) “Component of an aircraft” has the meaning ascribed to it in paragraph (b) of subsection 12 of section 1 of this act.

      (c) “Contract” means any contract for the ownership, operation, manufacture, service, maintenance, testing, repair, overhaul or assembly of an aircraft or any component of an aircraft entered into by a business.

      Sec. 6. NRS 218D.355 is hereby amended to read as follows:

      218D.355  1.  Except as otherwise provided in NRS 360.965 [,] and section 1 of this act, any state legislation enacted on or after July 1, 2012, which authorizes or requires the Office of Economic Development to approve any abatement of taxes or increases the amount of any abatement of taxes which the Office is authorized or required to approve:

      (a) Expires by limitation 10 years after the effective date of that legislation.

      (b) Does not apply to:

             (1) Any taxes imposed pursuant to NRS 374.110 or 374.190; or

             (2) Any entity that receives:

                   (I) Any funding from a governmental entity, other than any private activity bonds as defined in 26 U.S.C. § 141; or

                   (II) Any real or personal property from a governmental entity at no cost or at a reduced cost.

      (c) Requires each recipient of the abatement to submit to the Department of Taxation, on or before the last day of each even-numbered year, a report on whether the recipient is in compliance with the terms of the abatement. The Department of Taxation shall establish a form for the report and may adopt such regulations as it determines to be appropriate to carry out this paragraph. The report must include, without limitation:

             (1) The date the recipient commenced operation in this State;

             (2) The number of employees actually employed by the recipient and the average hourly wage of those employees;

             (3) An accounting of any fees paid by the recipient to the State and to local governmental entities;

             (4) An accounting of the property taxes paid by the recipient and the amount of those taxes that would have been due if not for the abatement;

             (5) An accounting of the sales and use taxes paid by the recipient and the amount of those taxes that would have been due if not for the abatement;

 


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             (6) An accounting of the total capital investment made in connection with the project to which the abatement applies; and

             (7) An accounting of the total investment in personal property made in connection with the project to which the abatement applies.

      2.  On or before January 15 of each odd-numbered year, the Department of Taxation shall:

      (a) Based upon the information submitted to the Department of Taxation pursuant to paragraph (c) of subsection 1, prepare a written report of its findings regarding whether the costs of the abatement exceed the benefits of the abatement; and

      (b) Submit the report to the Director for transmittal to the Legislature.

      Sec. 7. NRS 231.0685 is hereby amended to read as follows:

      231.0685  The Office shall, on or before January 15 of each odd-numbered year, prepare and submit to the Director of the Legislative Counsel Bureau for transmission to the Legislature a report concerning the abatements from taxation that the Office approved pursuant to NRS 274.310, 274.320, 274.330, 360.750 or 360.752 [.] or section 1 of this act. The report must set forth, for each abatement from taxation that the Office approved during the fiscal years which are 3 fiscal years and 6 fiscal years immediately preceding the submission of the report:

      1.  The dollar amount of the abatement;

      2.  The location of the business for which the abatement was approved;

      3.  The value of infrastructure included as an incentive for the business;

      4.  If applicable, the number of employees that the business for which the abatement was approved employs or will employ;

      5.  Whether the business for which the abatement was approved is a new business or an existing business;

      6.  The economic sector in which the business operates, the number of primary jobs related to the business, the average wage paid to employees of the business and the assessed values of personal property and real property of the business; and

      7.  Any other information that the Office determines to be useful.

      Sec. 8. NRS 231A.170 is hereby amended to read as follows:

      231A.170  1.  For the purpose of NRS 231A.110, a qualified active low-income community business is limited to those businesses meeting the Small Business Administration size eligibility standards established in 13 C.F.R. §§ 121.101 to 201, inclusive, at the time the qualified low-income community investment is made. A business must be considered a qualified active low-income community business for the duration of the qualified community development entity’s investment in, or loan to, the business if the entity reasonably expects, at the time it makes the investment or loan, that the business will continue to satisfy the requirements for being a qualified active low-income community business, other than the Small Business Administration size standards, throughout the entire period of the investment or loan.

      2.  Except as otherwise provided in this subsection, the businesses limited by this section do not include any business that derives or projects to derive 15 percent or more of its annual revenue from the rental or sale of real estate. This exclusion does not apply to a business that is controlled by, or under common control with, another business if the second business:

      (a) Does not derive or project to derive 15 percent or more of its annual revenue from the rental or sale of real estate; and

 


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      (b) Is the primary tenant of the real estate leased from the first business.

      3.  The following businesses are not qualified active low-income community businesses:

      (a) A business that has received an abatement from taxation pursuant to NRS 274.310, 274.320, 274.330 or 360.750 [.] or section 1 of this act.

      (b) An entity that has liability for insurance premium tax on a premium tax report filed pursuant to NRS 680B.030.

      (c) A business engaged in banking or lending.

      (d) A massage parlor.

      (e) A bath house.

      (f) A tanning salon.

      (g) A country club.

      (h) A business operating under a nonrestricted license for gaming issued pursuant to NRS 463.170.

      (i) A liquor store.

      (j) A golf course.

      Sec. 9. NRS 353.207 is hereby amended to read as follows:

      353.207  1.  The Chief shall:

      (a) Require the Office of Economic Development and the Office of Energy each periodically to conduct an analysis of the relative costs and benefits of each incentive for economic development previously approved by the respective office and in effect during the immediately preceding 2 fiscal years, including, without limitation, any abatement of taxes approved by the Office of Economic Development pursuant to NRS 274.310, 274.320, 274.330, 360.750, 360.752, 360.950, 361.0687, 374.357 or 701A.210, or section 1 of this act, to assist the Governor and the Legislature in determining whether the economic benefits of the incentive have accomplished the purposes of the statute pursuant to which the incentive was approved and warrant additional incentives of that kind;

      (b) Require each office to report in writing to the Chief the results of the analysis conducted by the office pursuant to paragraph (a); and

      (c) Establish a schedule for performing and reporting the results of the analysis required by paragraph (a) which ensures that the results of the analysis reported by each office are included in the proposed budget prepared pursuant to NRS 353.205, as required by that section.

      2.  Each report prepared for the Chief pursuant to this section is a public record and is open to inspection pursuant to the provisions of NRS 239.010.

      Sec. 10.  The provisions of subsection 1 of NRS 218D.380 do not apply to the reporting requirements of NRS 231.0685, as amended by section 7 of this act.

      Sec. 11.  The Legislature hereby finds that each exemption provided by this act from any ad valorem tax on personal property or excise tax on the sale, storage, use or other consumption of tangible personal property sold at retail:

      1.  Will achieve a bona fide social or economic purpose and the benefits of the exemption are expected to exceed any adverse effect of the exemption on the provision of services to the public by the State or a local government that would otherwise receive revenue from the tax from which the exemption would be granted; and

      2.  Will not impair adversely the ability of the State or any local government to pay, when due, all interest and principal on any outstanding bonds or any other obligations for which revenue from the tax from which the exemption would be granted was pledged.

 


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bonds or any other obligations for which revenue from the tax from which the exemption would be granted was pledged.

      Sec. 12. NRS 372.317 and 372.726 are hereby repealed.

      Sec. 13.  1.  This act becomes effective upon passage and approval.

      2.  Sections 1 to 11, inclusive, of this act expire by limitation on June 30, 2035.

________

CHAPTER 407, AB 199

Assembly Bill No. 199–Committee on Health and Human Services

 

CHAPTER 407

 

[Approved: June 8, 2015]

 

AN ACT relating to public health; abolishing certain advisory committees and bodies within the Department of Health and Human Services; revising provisions governing the State Program for Wellness and the Prevention of Chronic Disease; revising provisions governing the Medical Care Advisory Group within the Division of Health Care Financing and Policy of the Department; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Sunset Subcommittee of the Legislative Commission to review certain boards and commissions in this State to determine whether the board or commission should be terminated, modified, consolidated or continued. (NRS 232B.210-232B.250) Sections 1-3 of this bill change the name of the Medical Care Advisory Group to the Medical Care Advisory Committee, and extend the terms of its members from 1 year to 2 years, as recommended by the Sunset Subcommittee.

      Section 4 of this bill transfers the requirement to raise awareness for certain chronic diseases from the Advisory Committee for the Prevention and Treatment of Stroke and Heart Disease to the State Program for Wellness and the Prevention of Chronic Disease.

      Section 8 of this bill abolishes the Nevada Academy of Health, the Advisory Committee to the Pharmacy and Therapeutics Committee and the Drug Use Review Board, the Advisory Committee Concerning Sickle Cell Anemia, the Advisory Committee for the Prevention and Treatment of Stroke and Heart Disease and the Advisory Committee on the Arthritis Prevention and Control Program, as recommended by the Sunset Subcommittee.

 

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 422.151 is hereby amended to read as follows:

      422.151  1.  The Medical Care Advisory [Group] Committee is hereby created within the Division.

      2.  The function of the Medical Care Advisory [Group] Committee is to:

      (a) Advise the Division regarding the provision of services for the health and medical care of welfare recipients.

      (b) Participate, and increase the participation of welfare recipients, in the development of policy and the administration of programs by the Division.

 


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      Sec. 2. NRS 422.153 is hereby amended to read as follows:

      422.153  1.  The Medical Care Advisory [Group] Committee consists of the Chief Medical Officer and:

      (a) A person who:

             (1) Holds a license to practice medicine in this state; and

             (2) Is certified by the Board of Medical Examiners in a medical specialty.

      (b) A person who holds a license to practice dentistry in this state.

      (c) A person who holds a certificate of registration as a pharmacist in this state.

      (d) A member of a profession in the field of health care who is familiar with the needs of persons of low income, the resources required for their care and the availability of those resources.

      (e) An administrator of a hospital or a clinic for health care.

      (f) An administrator of a facility for intermediate care or a facility for skilled nursing.

      (g) A member of an organized group that provides assistance, representation or other support to recipients of Medicaid.

      (h) A recipient of Medicaid.

      2.  The Director shall appoint each member required by [paragraphs (a) to (h), inclusive, of] subsection 1 to serve for a term of [1 year.] 2 years.

      3.  Members of the Medical Care Advisory [Group] Committee serve without compensation, except that while engaged in the business of the Advisory [Group,] Committee, each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 3. NRS 422.155 is hereby amended to read as follows:

      422.155  1.  The Director shall appoint a Chair of the Medical Care Advisory [Group] Committee from among its members.

      2.  The Administrator or the designee of the Administrator shall serve as Secretary for the Medical Care Advisory [Group.] Committee.

      3.  The Medical Care Advisory [Group:] Committee:

      (a) Shall meet at least once each calendar year.

      (b) May, upon the recommendation of the Chair, form subcommittees for decisions and recommendations concerning specific problems within the scope of the functions of the Medical Care Advisory [Group.] Committee.

      Sec. 4. NRS 439.517 is hereby amended to read as follows:

      439.517  Within the limits of available money, the Division shall establish the State Program for Wellness and the Prevention of Chronic Disease to increase public knowledge and raise public awareness relating to wellness and chronic diseases and to educate the residents of this State about:

      1.  Wellness, including, without limitation, behavioral health, proper nutrition, maintaining oral health, increasing physical fitness, preventing obesity and tobacco use; and

      2.  The prevention of chronic diseases, including, without limitation, arthritis, asthma, cancer, diabetes, cardiovascular disease , stroke, heart disease and oral disease.

      Sec. 5. NRS 439B.220 is hereby amended to read as follows:

      439B.220  The Committee may:

      1.  Review and evaluate the quality and effectiveness of programs for the prevention of illness.

 


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      2.  Review and compare the costs of medical care among communities in Nevada with similar communities in other states.

      3.  Analyze the overall system of medical care in the State to determine ways to coordinate the providing of services to all members of society, avoid the duplication of services and achieve the most efficient use of all available resources.

      4.  Examine the business of providing insurance, including the development of cooperation with health maintenance organizations and organizations which restrict the performance of medical services to certain physicians and hospitals, and procedures to contain the costs of these services.

      5.  Examine hospitals to:

      (a) Increase cooperation among hospitals;

      (b) Increase the use of regional medical centers; and

      (c) Encourage hospitals to use medical procedures which do not require the patient to be admitted to the hospital and to use the resulting extra space in alternative ways.

      6.  Examine medical malpractice.

      7.  Examine the system of education to coordinate:

      (a) Programs in health education, including those for the prevention of illness and those which teach the best use of available medical services; and

      (b) The education of those who provide medical care.

      8.  Review competitive mechanisms to aid in the reduction of the costs of medical care.

      9.  Examine the problem of providing and paying for medical care for indigent and medically indigent persons, including medical care provided by physicians.

      10.  Examine the effectiveness of any legislation enacted to accomplish the purpose of restraining the costs of health care while ensuring the quality of services, and its effect on the subjects listed in subsections 1 to 9, inclusive.

      11.  Determine whether regulation by the State will be necessary in the future by examining hospitals for evidence of:

      (a) Degradation or discontinuation of services previously offered, including without limitation, neonatal care, pulmonary services and pathology services; or

      (b) A change in the policy of the hospital concerning contracts,

Ê as a result of any legislation enacted to accomplish the purpose of restraining the costs of health care while ensuring the quality of services.

      12.  Study the effect of the acuity of the care provided by a hospital upon the revenues of the hospital and upon limitations upon that revenue.

      13.  Review the actions of the Director in administering the provisions of this chapter and adopting regulations pursuant to those provisions. The Director shall report to the Committee concerning any regulations proposed or adopted pursuant to this chapter.

      14.  Identify and evaluate, with the assistance of an advisory group, the alternatives to institutionalization for providing long-term care, including, without limitation:

      (a) An analysis of the costs of the alternatives to institutionalization and the costs of institutionalization for persons receiving long-term care in this State;

 


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      (b) A determination of the effects of the various methods of providing long-term care services on the quality of life of persons receiving those services in this State;

      (c) A determination of the personnel required for each method of providing long-term care services in this State; and

      (d) A determination of the methods for funding the long-term care services provided to all persons who are receiving or who are eligible to receive those services in this State.

      15.  Evaluate, with the assistance of an advisory group, the feasibility of obtaining a waiver from the Federal Government to integrate and coordinate acute care services provided through Medicare and long-term care services provided through Medicaid in this State.

      16.  Evaluate, with the assistance of an advisory group, the feasibility of obtaining a waiver from the Federal Government to eliminate the requirement that elderly persons in this State impoverish themselves as a condition of receiving assistance for long-term care.

      17.  Conduct investigations and hold hearings in connection with its review and analysis and exercise any of the investigative powers set forth in NRS 218E.105 to 218E.140, inclusive.

      18.  Apply for any available grants and accept any gifts, grants or donations to aid the Committee in carrying out its duties pursuant to this chapter.

      19.  Direct the Legislative Counsel Bureau to assist in its research, investigations, review and analysis.

      20.  Recommend to the Legislature as a result of its review any appropriate legislation.

      [21.  Prescribe duties and make requests, in addition to those set forth in NRS 439B.250, of the Nevada Academy of Health established pursuant to that section.]

      Sec. 6. (Deleted by amendment.)

      Sec. 7.  1.  The amendment to NRS 422.153 in section 2 of this act which extends the term of members of the Medical Care Advisory Committee applies only to any appointment made on or after July 1, 2015.

      2.  As soon as practicable after July 1, 2015, the Director of the Department of Health and Human Services shall appoint to the Medical Care Advisory Committee the members required by subsection 1 of NRS 422.153, as amended by section 2 of this act.

      3.  In making the initial appointments described in subsection 2, the Director shall appoint members to staggered terms of 1 and 2 years.

      Sec. 8. NRS 422.4055, 439.491, 439.4911, 439.4913, 439.4915, 439.4917, 439.4919, 439.492, 439.493, 439.494, 439.503, 439B.250 and 442.118, are hereby repealed.

      Sec. 9.  This act becomes effective on July 1, 2015.

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ê2015 Statutes of Nevada, Page 2340ê

 

CHAPTER 408, AB 295

Assembly Bill No. 295–Assemblyman Kirner (by request)

 

CHAPTER 408

 

[Approved: June 8, 2015]

 

AN ACT relating to healing arts; limiting the scope of services which may be performed by providers of wellness services; requiring certain disclosures by such providers; defining “wellness services”; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law regulates the licensing, certification and registration of various providers of health care, including, without limitation, physicians, homeopathic physicians, osteopathic physicians, chiropractic physicians, doctors of Oriental medicine and podiatric physicians. (Chapters 630, 630A, 633, 634, 643A and 635 of NRS) Section 3 of this bill limits the scope of services which may be performed by a provider of wellness services, which are not regulated by this State, by prohibiting those providers of wellness services from providing certain services which may only be provided by a licensed provider of health care. The term “wellness services” is defined in section 3 to mean certain therapies and practices and the provision of certain products based on certain complementary health treatment approaches. Section 3 also requires providers of wellness services to make certain disclosures to their clients and retain copies of signed disclosures for a period of not less than 5 years.

 

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

      Sec. 2.  (Deleted by amendment.)

      Sec. 3. 1.  A person who provides wellness services in accordance with this section, but who is not licensed, certified or registered in this State as a provider of health care, is not in violation of any law based on the unlicensed practice of health care services or a health care profession unless the person:

      (a) Performs surgery or any other procedure which punctures the skin of any person;

      (b) Sets a fracture of any bone of any person;

      (c) Prescribes or administers X-ray radiation to any person;

      (d) Prescribes or administers a prescription drug or device or a controlled substance to any person;

      (e) Recommends to a client that he or she discontinue or in any manner alter current medical treatment prescribed by a provider of health care licensed, certified or registered in this State;

      (f) Makes a diagnosis of a medical disease of any person;

      (g) Performs a manipulation or a chiropractic adjustment of the articulations of joints or the spine of any person;

 


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      (h) Treats a person’s health condition in a manner that intentionally or recklessly causes that person recognizable and imminent risk of serious or permanent physical or mental harm;

      (i) Holds out, states, indicates, advertises or implies to any person that he or she is a provider of health care;

      (j) Engages in the practice of medicine in violation of chapter 630 or 633 of NRS, the practice of homeopathic medicine in violation of chapter 630A of NRS or the practice of podiatry in violation of chapter 635 of NRS, unless otherwise expressly authorized by this section;

      (k) Performs massage therapy as that term is defined in NRS 640C.060; or

      (l) Provides mental health services that are exclusive to the scope of practice of a psychiatrist licensed pursuant to chapter 630 or 633 of NRS, or a psychologist licensed pursuant to chapter 641 of NRS.

      2.  Any person providing wellness services in this State who is not licensed, certified or registered in this State as a provider of health care and who is advertising or charging a fee for wellness services shall, before providing those services, disclose to each client in a plainly worded written statement:

      (a) The person’s name, business address and telephone number;

      (b) The fact that he or she is not licensed, certified or registered as a provider of health care in this State;

      (c) The nature of the wellness services to be provided;

      (d) The degrees, training, experience, credentials and other qualifications of the person regarding the wellness services to be provided; and

      (e) A statement in substantially the following form:

 

       It is recommended that before beginning any wellness plan, you notify your primary care physician or other licensed providers of health care of your intention to use wellness services, the nature of the wellness services to be provided and any wellness plan that may be utilized. It is also recommended that you ask your primary care physician or other licensed providers of health care about any potential drug interactions, side effects, risks or conflicts between any medications or treatments prescribed by your primary care physician or other licensed providers of health care and the wellness services you intend to receive.

 

Ê A person who provides wellness services shall obtain from each client a signed copy of the statement required by this subsection, provide the client with a copy of the signed statement at the time of service and retain a copy of the signed statement for a period of not less than 5 years.

      3.  A written copy of the statement required by subsection 2 must be posted in a prominent place in the treatment location of the person providing wellness services in at least 12-point font. Reasonable accommodations must be made for clients who:

      (a) Are unable to read;

      (b) Are blind or visually impaired;

      (c) Have communication impairments; or

      (d) Do not read or speak English or any other language in which the statement is written.

 


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      4.  Any advertisement for wellness services authorized pursuant to this section must disclose that the provider of those services is not licensed, certified or registered as a provider of health care in this State.

      5.  A person who violates any provision of this section is guilty of a misdemeanor. Before a criminal proceeding is commenced against a person for a violation of a provision of this section, a notification, educational or mediative approach must be utilized by the regulatory body enforcing the provisions of this section to bring the person into compliance with such provisions.

      6.  This section does not apply to or control:

      (a) Any health care practice by a provider of health care pursuant to the professional practice laws of this State, or prevent such a health care practice from being performed.

      (b) Any health care practice if the practice is exempt from the professional practice laws of this State, or prevent such a health care practice from being performed.

      (c) A person who provides health care services if the person is exempt from the professional practice laws of this State, or prevent the person from performing such a health care service.

      (d) A medical assistant as that term is defined in NRS 630.0129 and 633.075, an advanced practitioner of homeopathy as that term is defined in NRS 630A.015 or a homeopathic assistant as that term is defined in NRS 630A.035.

      7.  As used in this section, “wellness services” means healing arts therapies and practices, and the provision of products, that are based on the following complementary health treatment approaches and which are not otherwise prohibited by subsection 1:

      (a) Anthroposophy.

      (b) Aromatherapy.

      (c) Traditional cultural healing practices.

      (d) Detoxification practices and therapies.

      (e) Energetic healing.

      (f) Folk practices.

      (g) Gerson therapy and colostrum therapy.

      (h) Healing practices using food, dietary supplements, nutrients and the physical forces of heat, cold, water and light.

      (i) Herbology and herbalism.

      (j) Reflexology and Reiki.

      (k) Mind-body healing practices.

      (l) Nondiagnostic iridology.

      (m) Noninvasive instrumentalities.

      (n) Holistic kinesiology.

      Sec. 4.  This act becomes effective on July 1, 2015.

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ê2015 Statutes of Nevada, Page 2343ê

 

CHAPTER 409, AB 325

Assembly Bill No. 325–Assemblymen Sprinkle, Kirkpatrick, Seaman; and O’Neill

 

CHAPTER 409

 

[Approved: June 8, 2015]

 

AN ACT relating to guardians; requiring licensing for certain persons engaged in the business of a private professional guardian; establishing the requirements for the licensing and operation of a private professional guardian company; amending provisions relating to the appointment of a guardian under certain circumstances; adding provisions governing the appointment of certain preferred persons as guardians for adult wards; revising provisions relating to the appointment of a guardian for a minor; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the court appointment of a private professional guardian to act as a fiduciary for a person or estate, but does not require the private professional guardian to be licensed. (NRS 159.0595) This bill requires the licensing of certain persons engaging in the business of a private professional guardian and authorizes the Commissioner of Financial Institutions to adopt regulations relating to the licensing of those persons.

      Sections 15-17 of this bill make it unlawful for a person to act as a private professional guardian without being licensed. Section 12 of this bill provides certain exceptions to the licensing and other regulatory requirements. Sections 18-26 of this bill establish the requirements and application process to obtain a license to transact the business of a private professional guardian. Section 28 of this bill sets forth requirements relating to the change of ownership or transfer of assets of a private professional guardian company. Section 29 of this bill establishes the process for the renewal of a license. Section 30 of this bill establishes the process for surrender of a license.

      Section 31 of this bill requires a licensee to keep a principal office in this State. Section 32 of this bill establishes procedures for the Commissioner to approve an out-of-state office of a private professional guardian company. Section 33 of this bill requires a licensee to maintain certain types and levels of bonds and insurance.

      Section 35 of this bill establishes the rights and authority of a licensee. Section 36 of this bill prohibits certain activities by a licensee. Sections 37-41 of this bill establish requirements for accounting, reporting and auditing of a private professional guardian company and authorize the Commissioner or a designee to inspect certain records of a private professional guardian company.

      Sections 42-46 of this bill establish procedures for the Commissioner to take administrative action against licensees. Sections 47 and 48 of this bill establish procedures for handling a complaint against a private professional guardian company. Sections 49 and 50 of this bill provide administrative and criminal penalties for violating certain provisions of this bill.

      Existing law provides for the appointment, qualifications and duties of guardians for certain minor and adult wards. (Chapter 159 of NRS) Existing law prohibits a nonresident of Nevada from being appointed as a guardian for a minor or adult ward unless the person has associated a co-guardian who is a resident of Nevada or a banking corporation whose principal place of business is in Nevada. (NRS 159.059) Existing law also gives preference to certain persons to be appointed as a guardian for a minor ward but does not give preference to any persons to be appointed as a guardian for an adult ward. (NRS 159.061)

 


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      Sections 50.2 and 52.7 of this bill revise the circumstances under which a court is authorized to appoint a nonresident as a guardian for an adult ward. Section 52.5 eliminates existing limitations on the authority of a court to appoint a nonresident as a guardian for a minor ward. Section 50.2 also requires the court to give preference in appointing a guardian for an adult ward to the following persons in the following order, whether or not the person is a nonresident: (1) a nominated person, who is a person the adult ward specifically nominated or requested as a guardian in a will, trust or other written document executed by the adult ward while competent; or (2) a relative. If two or more nominated persons are qualified and suitable to be appointed as a guardian, section 50.2 authorizes the court to appoint two or more co-guardians or generally requires the court to give preference to the nominated person named in a will, trust or other written document that is part of the adult’s established estate plan, but there are certain exceptions for extraordinary circumstances.

      In selecting a guardian, section 50.2 does not allow the court to give preference to a resident over a nonresident if the court determines that the nonresident would be a more qualified and suitable guardian and the adult would receive continuing care and supervision under the guardianship of the nonresident. If the court selects a nonresident guardian, section 50.2 requires the court to order the nonresident guardian to designate a registered agent in this State.

      Section 51.5 of this bill revises the existing list of persons who are preferred for appointment as a guardian to a minor to include any person recommended by: (1) an agency which provides child welfare services, an agency which provides child protective services or a similar agency; or (2) a guardian ad litem or court appointed special advocate who represents the minor.

      Sections 51-51.9 and 52.5 of this bill make conforming changes to reflect the changes made by the other sections of this bill.

 

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. Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 50, inclusive, of this act.

      Sec. 2. The Legislature finds and declares that:

      1.  There exists in this State a need, in order to provide for the protection of the public interest, to regulate persons engaged in the business of private professional guardians.

      2.  Persons engaging in the business of private professional guardians must be licensed and regulated in such a manner as to promote advantages and convenience for the public while protecting the public interest.

      3.  It is the purpose of this chapter to bring under public supervision persons who are engaged in or who desire to engage in the business of a private professional guardian and to ensure that there is established in this State an adequate, efficient and competitive private professional guardian service available to the courts and the public at large.

      Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 11, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 4. “Business of a private professional guardian” means the holding out by a person, through advertising, solicitation or other means, that the person is available to act for compensation as a private professional guardian.

 


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      Sec. 5. “Commissioner” means the Commissioner of Financial Institutions.

      Sec. 6. “Director” means the Director of the Department of Business and Industry.

      Sec. 7. “Division” means the Division of Financial Institutions of the Department of Business and Industry.

      Sec. 8. “Fiduciary” means a person who has the power and authority to act for a beneficiary under circumstances requiring trust, good faith and honesty.

      Sec. 9. 1.  “Private professional guardian” has the meaning ascribed to it in NRS 159.024.

      2.  For the purposes of this chapter, the term does not include a person who serves as a private professional guardian but who is exempt pursuant to NRS 159.0595 or section 12 of this act from the requirement to have a license issued pursuant to this chapter.

      Sec. 10. 1.  “Private professional guardian company” means a natural person or business entity, including, without limitation, a sole proprietorship, partnership, limited-liability company or corporation, that is licensed pursuant to the provisions of this chapter to engage in the business of a private professional guardian, whether appointed by a court or hired by a private party.

      2.  For the purposes of this chapter, the term does not include a natural person or business entity which engages in the business of a private professional guardian but which is exempt pursuant to NRS 159.0595 or section 12 of this act from the requirement to have a license issued pursuant to this chapter.

      Sec. 11. “Ward” has the meaning ascribed to it in NRS 159.027.

      Sec. 12. This chapter does not apply to a person who:

      1.  Is a public guardian or administrator appointed by the court;

      2.  Is a banking corporation as defined in NRS 657.016;

      3.  Is an organization permitted to act as a fiduciary pursuant to NRS 662.245;

      4.  Is a trust company as defined in NRS 669.070;

      5.  Is acting in the performance of his or her duties as an attorney at law;

      6.  Acts as a trustee under a deed of trust;

      7.  Acts as a fiduciary under a court trust; or

      8.  Acts as a fiduciary as an individual or a family member.

      Sec. 13. The Commissioner shall administer and enforce the provisions of this chapter subject to the administrative supervision of the Director.

      Sec. 14. The Commissioner may adopt regulations to carry out the provisions of this chapter.

      Sec. 15. It is unlawful for any person to engage in the business of a private professional guardian without having a license issued by the Commissioner pursuant to this chapter.

      Sec. 16. A person who does not have a license issued pursuant to this chapter shall not:

      1.  Use the term “private professional guardian” or “guardianship services” as a part of his or her business name.

      2.  Advertise or use any sign which includes the term “private professional guardian.”

 


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      Sec. 17. 1.  The Commissioner shall conduct an investigation if he or she receives a verified complaint that an unlicensed person is engaging in an activity for which a license is required pursuant to this chapter.

      2.  If the Commissioner determines that an unlicensed person is engaged in an activity for which a license is required pursuant to this chapter, the Commissioner shall:

      (a) Issue and serve on the person an order to cease and desist from engaging in the activity until such time as the person obtains a license issued by the Commissioner; and

      (b) Send a copy of the order to each district court in this State.

      3.  If a person upon whom an order to cease and desist is served pursuant to subsection 2 does not comply with the order within 30 days after the service of the order, the Commissioner shall, after providing to the person notice and an opportunity for a hearing:

      (a) Impose upon the person an administrative fine of $10,000; or

      (b) Enter into a written agreement with the person pursuant to which the person agrees to cease and desist from engaging in any activity in this State for which a license is required relating to the business of a private professional guardian and impose upon the person an administrative fine of not less than $5,000 and not more than $10,000.

      4.  The Commissioner shall bring suit in the name and on behalf of the State of Nevada against a person upon whom an administrative fine is imposed pursuant to subsection 3 to recover the amount of the administrative fine if:

      (a) No petition for judicial review is filed pursuant to NRS 233B.130 and the fine remains unpaid for at least 90 days after notice of the imposition of the fine; or

      (b) A petition for judicial review is filed pursuant to NRS 233B.130 and the fine remains unpaid for at least 90 days after the exhaustion of any right of appeal in the courts of this State resulting in a final determination that upholds the imposition of the fine.

      5.  A person’s liability for an administrative fine is in addition to any other penalty provided for in this chapter.

      Sec. 18. 1.  A person wishing to engage in the business of a private professional guardian in this State must file with the Commissioner an application on a form prescribed by the Commissioner, which must contain or be accompanied by such information as is required.

      2.  A nonrefundable fee of not more than $750 must accompany the application. The applicant must also pay such reasonable additional expenses incurred in the process of investigation as the Commissioner deems necessary.

      3.  The application must contain:

      (a) The name of the applicant and the name under which the applicant does business or expects to do business, if different.

      (b) The complete business and residence addresses of the applicant.

      (c) The character of the business sought to be carried on.

      (d) The address of any location where business will be transacted.

      (e) In the case of a firm or partnership, the full name and residence address of each member or partner and the manager.

      (f) In the case of a corporation or voluntary association, the name and residence address of each director and officer and the manager.

 


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      (g) A statement by the applicant acknowledging that the applicant is required to comply with the provisions of NRS 159.0595 if issued a license.

      (h) Any other information reasonably related to the applicant’s qualifications for the license which the Commissioner determines to be necessary.

      4.  Each application for a license must have attached to it a financial statement showing the assets, liabilities and net worth of the applicant.

      5.  In addition to any other requirements, each applicant or member, partner, director, officer, manager or case manager of an applicant shall submit to the Commissioner a complete set of fingerprints and written permission authorizing the Division 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.

      6.  If the applicant is a corporation or limited-liability company, the articles of incorporation or articles of organization must contain:

      (a) The name adopted by the private professional guardian company, which must distinguish it from any other private professional guardian company formed or incorporated in this State or engaged in the business of a private professional guardian in this State; and

      (b) The purpose for which it is formed.

      7.  The Commissioner shall deem an application to be withdrawn if the Commissioner has not received all information and fees required to complete the application within 6 months after the date the application is submitted to the Commissioner. If an application is deemed to be withdrawn pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a license to the applicant unless the applicant submits a new application and pays the required fees.

      8.  The Commissioner shall adopt regulations establishing the amount of the fees required pursuant to this section, subject to the following limitations:

      (a) An initial fee of not more than $1,500 for a license to transact the business of a private professional guardian; and

      (b) A fee of not more than $300 for each branch office that is authorized by the Commissioner.

      9.  All money received by the Commissioner pursuant to this section must be placed in the Investigative Account for Financial Institutions created by NRS 232.545.

      Sec. 19. 1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license to engage in the business of a private professional guardian shall include the social security number of the applicant or applicants in the application submitted to the Commissioner.

      (b) An applicant for the issuance or renewal of a license to engage in the business of a private professional guardian shall submit to the Commissioner 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 Commissioner shall include the statement required pursuant to subsection 1 in:

 


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

      (b) A separate form prescribed by the Commissioner.

      3.  A license may not be issued or renewed by the Commissioner if the applicant:

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

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

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

      Sec. 20. 1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license to engage in the business of a private professional guardian shall submit to the Commissioner 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 Commissioner shall include the statement required pursuant to subsection 1 in:

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

      (b) A separate form prescribed by the Commissioner.

      3.  A license may not be issued or renewed by the Commissioner if the applicant:

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

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

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Commissioner 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. 21. 1.  If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to engage in the business of a private professional guardian, the Commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

 


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

      2.  The Commissioner shall reinstate a license that has been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 22. 1.  Within 90 days after the application for a license is filed, the Commissioner shall investigate the facts of the application and the other requirements of this chapter to determine:

      (a) That each person who will serve as a sole proprietor, partner of a partnership, member of a limited-liability company or director or officer of a corporation, and any person acting in a managerial or case manager capacity, as applicable:

             (1) Has a good reputation for honesty, trustworthiness and integrity and displays competence to engage in the business of a private professional guardian in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of those qualifications, including, without limitation, evidence that the applicant has passed an examination for private professional guardians specified by the Commissioner.

             (2) Has not been convicted of, or entered a plea of guilty or nolo contendere to, a felony or any crime involving fraud, misrepresentation, material omission, misappropriation, conversion or moral turpitude.

             (3) Has not made a false statement of material fact on the application.

             (4) Has not been a sole proprietor or an officer or member of the board of directors for an entity whose license issued pursuant to the provisions of this chapter was suspended or revoked within the 10 years immediately preceding the date of the application if, in the reasonable judgment of the Commissioner, there is evidence that the sole proprietor, officer or member materially contributed to the actions resulting in the suspension or revocation of the license.

             (5) Has not been a sole proprietor or an officer or member of the board of directors for an entity whose license as a private professional guardian company which was issued by any other state, district or territory of the United States or any foreign country suspended or revoked within the 10 years immediately preceding the date of the application if, in the reasonable judgment of the Commissioner, there is evidence that the sole proprietor, officer or member materially contributed to the actions resulting in the suspension or revocation of the license.

             (6) Has not violated any of the provisions of this chapter or any regulations adopted pursuant thereto.

 


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      (b) That the financial status of each sole proprietor, partner, member or director and officer of the corporation and person acting in a managerial or case manager capacity indicates fiscal responsibility consistent with his or her position.

      (c) That the name of the proposed business complies with all applicable statutes.

      (d) That, except as otherwise provided in section 33 of this act, the initial surety bond is not less than the amount required by NRS 159.065.

      2.  In rendering a decision on an application for a license, the Commissioner shall consider, without limitation:

      (a) The proposed markets to be served and, if they extend outside this State, any exceptional risk, examination or supervision concerns associated with those markets;

      (b) Whether the proposed organizational and equity structure and the amount of initial equity or fidelity and surety bonds of the applicant appear adequate in relation to the proposed business and markets, including, without limitation, the average level of assets under guardianship projected for each of the first 3 years of operation; and

      (c) Whether the applicant has planned suitable annual audits conducted by qualified outside auditors of its books and records and its fiduciary activities under applicable accounting rules and standards as well as suitable internal audits.

      Sec. 23. 1.  After conducting an investigation pursuant to section 22 of this act, if the Commissioner finds grounds for the denial of the application, the Commissioner shall provide to the applicant written notice of such grounds by personal service or certified mail.

      2.  The applicant may cure any defect or deficiency in the application and, not more than 30 days after receipt of the notice pursuant to subsection 1, resubmit the application for approval.

      3.  If an application is not approved, the Commissioner shall:

      (a) Enter an order denying the application and provide to the applicant written notice of the denial by personal service or certified mail; and

      (b) Send a copy of the order denying the application to each district court in each county where the applicant proposed to do business based on the information provided in the application.

      4.  If the Commissioner enters an order denying an application, the applicant may request a hearing before the Commissioner, but if no such request is made within 30 days after the entry of the order denying the application, the Commissioner shall enter a final order.

      5.  A final order of the Commissioner denying an application is a final order for the purposes of judicial review.

      Sec. 24. The Commissioner shall approve the application for a license, keeping on file his or her findings of fact pertaining thereto, if the Commissioner finds that the applicant has met all the requirements of this chapter pertaining to the applicant’s qualifications and application.

      Sec. 25. 1.  If the Commissioner approves an application pursuant to section 24 of this act and the applicant pays the required fees, the Commissioner shall issue to the applicant a license to engage in the business of a private professional guardian.

      2.  A license issued pursuant to subsection 1 must contain:

 


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      (a) The name of the licensee.

      (b) The locations by street and number where the licensee is authorized to engage in business.

      (c) The number and the date of issuance of the license.

      (d) That the license is issued pursuant to this chapter and that the licensee is authorized to engage in the business of a private professional guardian under this chapter.

      (e) The expiration date of July 1 of the next year.

      Sec. 26. 1.  The Commissioner shall maintain in the Office of the Commissioner, in a suitable record provided for that purpose, each application for a license and all bonds required to be filed pursuant to this chapter. The record must state the date of issuance or denial of the license and the date and nature of any action taken relating to an application.

      2.  Each license issued by the Commissioner must be sufficiently identified in the record.

      3.  Each renewal of a license must be recorded in the same manner as the original license, and the number of the preceding license issued must be recorded.

      Sec. 27. Each license issued pursuant to this chapter must be conspicuously displayed in the place of business designated in the license.

      Sec. 28. 1.  A license issued pursuant to this chapter is not transferable or assignable, but upon the approval of the Commissioner and any applicable court of jurisdiction, a licensee may merge or consolidate with, or transfer its assets and control to, another person who holds a license pursuant to this chapter. In determining whether to grant the approval, the Commissioner may consider the factors set forth in section 22 of this act.

      2.  If a change in the control of a private professional guardian company occurs, the chief executive officer or managing member of the company shall report the change in control and the name of the person obtaining control to the Commissioner within 5 business days after obtaining knowledge of the change.

      3.  A private professional guardian company shall, within 5 business days after a change in the chief executive officer, managing member or a majority of the directors or managing directors of the company occurs, report the change to the Commissioner. The company shall include in its report to the Commissioner a statement of the past and current business and professional affiliations of each new chief executive officer, managing member, director or managing director. A new chief executive officer, managing member, director or managing director shall furnish to the Commissioner a complete financial statement on a form prescribed by the Commissioner.

      4.  A person who intends to acquire control of a private professional guardian company shall submit an application to the Commissioner. The application must be submitted on a form prescribed by the Commissioner. The Commissioner shall conduct an investigation pursuant to section 22 of this act to determine whether the person has a good reputation for honesty, trustworthiness and integrity and is competent to control the private professional guardian company in a manner which protects the interests of the general public.

 


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      5.  The private professional guardian company of which the applicant intends to acquire control shall pay the nonrefundable cost of the investigation as required by the Commissioner. If the Commissioner denies the application, the Commissioner may prohibit or limit the applicant’s participation in the business.

      6.  As used in this section, “control” means the possession, directly or indirectly, of the authority to direct or cause the direction of the management and policy of a private professional guardian company, or a change in the ownership of at least 25 percent of the outstanding voting stock of, or participating members’ interest in, the company.

      Sec. 29. 1.  A private professional guardian company wishing to renew a license to engage in the business of a private professional guardian shall file in the Office of the Commissioner, on or before the June 1 of the year after the year of the original issuance of the license, an application, which must contain, without limitation, the number of the license being renewed. The application for renewal must be accompanied by a renewal fee of not more than $1,500 and all information required to complete the application.

      2.  The Commissioner shall issue a renewal license to the applicant, which must be dated July 1 next ensuing the date of the application, in form and text similar to the original except that, in addition, the renewal must include the date and number of the earliest license issued.

      3.  All requirements of this chapter with respect to original licenses and bonds apply to all renewal licenses and bonds, except as otherwise provided in this section.

      4.  The Commissioner shall refuse to renew a license if at the time of application a proceeding to revoke or suspend the license is pending.

      5.  The Commissioner shall adopt regulations establishing the amount of the fee required pursuant to this section. All money collected under the provisions of this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

      Sec. 30. 1.  If any private professional guardian company wishes to discontinue its business, the company shall furnish to the Commissioner satisfactory evidence of the release and discharge from all obligations which the company has assumed or which have been imposed by law. Thereafter, the Commissioner shall enter an order cancelling the license of the private professional guardian company.

      2.  If the Commissioner enters an order cancelling a license pursuant to this section, the Commissioner shall send a copy of the order to each district court in this State.

      Sec. 31. 1.  A private professional guardian company licensed pursuant to this chapter shall maintain its principal office in this State.

      2.  To qualify as the principal office for the purposes of subsection 1, an office of the private professional guardian company must:

      (a) Have a verifiable physical location in this State at which the private professional guardian company conducts such business operations in this State as are necessary to administer private professional guardianships in this State;

      (b) Have available at the office a private professional guardian who is licensed pursuant to this chapter, a permanent resident of this State and at least 21 years of age;

 


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      (c) Have any license issued pursuant to this chapter conspicuously displayed;

      (d) Have available at the office originals or true copies of all material business records and accounts of the private professional guardian company, which must be readily available to access and readily available for examination by the Division;

      (e) Have available to the public written procedures for making claims against the surety bond required to be maintained pursuant to section 33 of this act;

      (f) Have available all services to residents of this State which are consistent with the business plan of the private professional guardian company included with the application for a license; and

      (g) Comply with any other requirements specified by the Commissioner.

      Sec. 32. 1.  It is unlawful for any person licensed pursuant to this chapter to engage in the business of a private professional guardian at any office outside this State without the prior approval of the Commissioner.

      2.  Before the Commissioner will approve a branch to be located outside this State, the private professional guardian must:

      (a) Obtain from that state any required license as a private professional guardian; or

      (b) Provide proof satisfactory to the Commissioner that the private professional guardian company has met all the requirements to engage in the business of a private professional guardian in that state pursuant to its laws, including, without limitation, written documentation from the appropriate court or state agency that the private professional guardian company is authorized to do business in that state.

      3.  For each branch location of a private professional guardian company organized under the laws of this State, and every branch location in this State of a foreign private professional guardian company authorized to do business in this State, a request for approval and licensing must be filed with the Commissioner on forms prescribed by the Commissioner. A nonrefundable fee of not more than $500, as provided by the Commissioner, must accompany each request. In addition, a fee of not more than $200, to be prorated on the basis of the licensing year as provided by the Commissioner, must be paid at the time of making the request. Money collected pursuant to this section must be deposited in the Investigative Account for Financial Institutions created by NRS 232.545.

      4.  A foreign corporation or limited-liability company wishing to engage in the business of a private professional guardian in this State must use a name that distinguishes it from any other private professional guardian in this State.

      Sec. 33.  1.  The Commissioner may require a private professional guardian company to maintain equity, fidelity and surety bonds in amounts that are more than the minimum required initially or at any subsequent time based on the Commissioner’s assessment of the risks associated with the business plan of the private professional guardian or other information contained in the application, the Commissioner’s investigation of the application or any examination of or filing by the private professional guardian company thereafter, including, without limitation, any examination before the opening of the business. In making such a determination, the Commissioner may consider, without limitation:

 


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      (a) The nature and type of business to be conducted by the private professional guardian company;

      (b) The nature and liquidity of assets proposed to be held in the account of the private professional guardian company;

      (c) The amount of fiduciary assets projected to be under the management or administration of the private professional guardian company;

      (d) The type of fiduciary assets proposed to be held and any proposed depository of such assets;

      (e) The complexity of the fiduciary duties and degree of discretion proposed to be undertaken by the private professional guardian company;

      (f) The competence and experience of the proposed management of the private professional guardian company;

      (g) The extent and adequacy of proposed internal controls;

      (h) The proposed presence of annual audits by an independent certified public accountant, and the scope and frequency of such audits, whether they result in an opinion of the accountant and any qualifications to the opinion;

      (i) The reasonableness of business plans for retaining or acquiring additional equity capital;

      (j) The adequacy of fidelity and surety bonds and any additional insurance proposed to be obtained by the private professional guardian company for the purpose of protecting its fiduciary assets;

      (k) The success of the private professional guardian company in achieving the financial projections submitted with its application for a license; and

      (l) The fulfillment by the private professional guardian company of its representations and its descriptions of its business structures and methods and management set forth in its application for a license.

      2.  The director or manager of a private professional guardian company shall require fidelity bonds in the amount of at least $25,000 on the sole proprietor or each active officer, manager, member acting in a managerial or case manager capacity and employee, regardless of whether the person receives a salary or other compensation from the private professional guardian company, to indemnify the company against loss due to any dishonest, fraudulent or criminal act or omission by a person upon whom a bond is required pursuant to this section who acts alone or in combination with any other person. A bond required pursuant to this section may be in any form and may be paid for by the private professional guardian company.

      3.  A private professional guardian company shall obtain suitable insurance against burglary, robbery, theft and other hazards to which it may be exposed in the operation of its business.

      4.  A private professional guardian company shall obtain suitable surety bonds in accordance with NRS 159.065, as applicable.

      5.  The surety bond obtained pursuant to subsection 4 must be in a form approved by a court of competent jurisdiction and the Division and conditioned that the applicant conduct his or her business in accordance with the requirements of this chapter. The bond must be made and executed by the principal and a surety company authorized to write bonds in this State.

 


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      6.  A private professional guardian company shall at least annually prescribe the amount or penal sum of the bonds or policies of the company and designate the sureties and underwriters thereof, after considering all known elements and factors constituting a risk or hazard. The action must be recorded in the minutes kept by the private professional guardian company and reported to the Commissioner.

      7.  The bond must cover all matters placed with the private professional guardian company during the term of the license or a renewal thereof.

      8.  An action may not be brought upon any bond after 2 years from the revocation or expiration of the license.

      9.  After 2 years, all liability of the surety or sureties upon the bond ceases if no action is commenced upon the bond.

      Sec. 34. 1.  The Commissioner shall revoke the license of a private professional guardian company if the company:

      (a) Fails to open for business within 6 months after the date the license was issued, or within an additional 6-month extension granted by the Commissioner upon written application and for good cause shown; or

      (b) Fails for more than 30 consecutive days to maintain regular business hours or otherwise conduct the business of a private professional guardian.

      2.  If the Commissioner enters an order revoking a license pursuant to this section, the Commissioner shall send a copy of the order to each district court in this State.

      Sec. 35. Each private professional guardian company which is licensed pursuant to this chapter may, in the conduct of its business activities, within and outside this State, as applicable:

      1.  Act under the order or appointment of any court as guardian.

      2.  Accept and execute any activities and duties relating to the business of a private professional guardian as permitted by any law.

      3.  Exercise the powers of a corporation, partnership or limited-liability company organized or qualified as a foreign corporation, partnership or limited-liability company under the laws of this State and any incidental powers that are reasonably necessary to enable it to exercise, in accordance with commonly accepted customs and usages, a power conferred by this chapter.

      4.  Perform any act authorized by this chapter and any other applicable laws of this State.

      Sec. 36. 1.  The fiduciary relationship which exists between a private professional guardian and the ward of the private professional guardian may not be used for the private gain of the guardian other than the remuneration for fees and expenses. A private professional guardian may not incur any obligation on behalf of the guardianship that conflicts with the discharge of the duties of the private professional guardian.

      2.  Unless prior approval is obtained from a court of competent jurisdiction, a private professional guardian shall not:

      (a) Have any interest, financial or otherwise, direct or indirect, in any business transaction or activity with the guardianship.

      (b) Acquire an ownership, possessory, security or other pecuniary interest adverse to the ward.

 


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      (c) Be knowingly designated as a beneficiary on any life insurance policy, pension or benefit plan of the ward unless such designation was validly made by the ward before the adjudication of the person’s incapacity.

      (d) Directly or indirectly purchase, rent, lease or sell any property or services from or to any business entity in which the private professional guardian, or the spouse or relative of the guardian, is an officer, partner, director, shareholder or proprietor or in which such a person has any financial interest.

      3.  Any action taken by a private professional guardian which is prohibited by this section may be voided during the term of the guardianship or by the personal representative of the ward’s estate. The private professional guardian is subject to removal and to imposition of personal liability through a proceeding for discharge, in addition to any other remedies otherwise available.

      4.  A court shall not appoint a private professional guardian that is not licensed pursuant to this chapter as the guardian of a person or estate. The court must review each guardianship involving a private professional guardian on the anniversary date of the appointment of the private professional guardian. If a private professional guardian does not hold a current license, the court must replace the guardian until such time as the private professional guardian obtains the necessary license.

      5.  The provisions of NRS 159.076 regarding summary administration do not apply to a private professional guardian.

      6.  A licensee shall file any report required by the court in a timely manner.

      Sec. 37. 1.  Except as otherwise provided in NRS 159.076, a licensee shall maintain a separate guardianship account for each ward into which all money received for the benefit of the ward must be deposited. Each guardianship account must be maintained in an insured bank or credit union located in this State, be held in a name which is sufficient to distinguish it from the personal or general checking account of the licensee and be designated as a guardianship account. Each guardianship account must at all times account for all money received for the benefit of the ward and account for all money dispersed for the benefit of the ward, and no disbursement may be made from the account except as authorized under chapter 159 of NRS or as authorized by court order.

      2.  Each licensee shall keep a record of all money deposited in each guardianship account maintained for a ward, which must clearly indicate the date and from whom the money was received, the date the money was deposited, the dates of withdrawals of money and other pertinent information concerning the transactions. Records kept pursuant to this subsection must be maintained for at least 6 years after the completion of the last transaction concerning the account. The records must be maintained at the premises in this State at which the licensee is authorized to conduct business.

      3.  The Commissioner or his or her designee may conduct an examination of the guardianship accounts and records relating to wards of each private professional guardian company licensed pursuant to this chapter at any time to ensure compliance with the provisions of this chapter.

 


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      4.  During the first year a private professional guardian is licensed in this State, the Commissioner or his or her designee may conduct any examinations deemed necessary to ensure compliance with the provisions of this chapter.

      5.  If there is evidence that a private professional guardian company has violated a provision of this chapter, the Commissioner or his or her designee may conduct additional examinations to determine whether a violation has occurred.

      6.  Each licensee shall authorize the Commissioner or his or her designee to examine all books, records, papers and effects of the private professional guardian company.

      7.  If the Commissioner determines that the records of a licensee are not maintained in accordance with subsections 1 and 2, the Commissioner may require the licensee to submit, within 60 days, an audited financial statement prepared from the records of the licensee by a certified public accountant who holds a certificate to engage in the practice of public accounting in this State. The Commissioner may grant a reasonable extension of time for the submission of the financial statement if an extension is requested before the statement is due.

      8.  Upon the request of the Division, a licensee must provide to the Division copies of any documents reviewed during an examination conducted by the Commissioner or his or her designee pursuant to subsection 4, 5 or 6. If the copies are not provided, the Commissioner may subpoena the documents.

      9.  For each examination of the books, papers, records and effects of a private professional guardian company that is required or authorized pursuant to this chapter, the Commissioner shall charge and collect from the private professional guardian company a fee for conducting the examination and preparing a report of the examination based upon the rate established by regulation pursuant to NRS 658.101. Failure to pay the fee within 30 days after receipt of the bill is grounds for revoking the license of the private professional guardian company.

      10.  All money collected under this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

      Sec. 38. 1.  After an examination is conducted pursuant to section 37 of this act, the person who conducted the examination shall prepare a written report of the results of the examination which must be signed by the Commissioner or his or her designee.

      2.  The written report must contain a true and detailed statement of the financial condition of the private professional guardian company and, if applicable, a full statement of any violations of the provisions of this chapter.

      Sec. 39. 1.  The Commissioner shall provide a copy of a report prepared pursuant to section 38 of this act to the president or secretary of the board of directors of the private professional guardian company if the company is a corporation, or to a manager or owner of the private professional guardian company if the company is not a corporation, and may make a copy available to each member of the board of directors or each manager or owner, as applicable. If, in the judgment of the Commissioner, the report discloses any violation of the provisions of this chapter committed by the private professional guardian company, or if it appears from the report that there are certain conditions existing which should be corrected by the private professional guardian company, the Commissioner may, in writing, call the matter to the attention of each member of the board of directors or each manager or owner, with instructions to correct the condition.

 


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should be corrected by the private professional guardian company, the Commissioner may, in writing, call the matter to the attention of each member of the board of directors or each manager or owner, with instructions to correct the condition.

      2.  Upon the preparation of the report as provided in section 38 of this act, the Commissioner shall also serve a copy thereof to the court having jurisdiction of each ward of the private professional guardian company.

      Sec. 40. 1.  The Commissioner may require a licensee to submit an annual financial statement or an audited financial statement prepared by an independent certified public accountant licensed to do business in this State, dependent upon the size and complexity of the private professional guardian company.

      2.  If applicable, on or before the fourth Monday in January of each year, each licensee shall submit to the Commissioner the stock ledger of stockholders of the corporation required to be maintained pursuant to paragraph (c) of subsection 1 of NRS 78.105 or the list of each member and manager required to be maintained pursuant to paragraph (a) of subsection 1 of NRS 86.241, verified by the president or a manager, as appropriate.

      3.  A list of each member and manager submitted pursuant to subsection 2 must include the percentage of each member’s interest in the company, in addition to the requirements set forth in NRS 86.241.

      4.  If a licensee fails to submit the ledger or list required pursuant to this section within the prescribed period, the Commissioner may impose and collect a fee of not more than $10 for each day the report is late.

      5.  The Commissioner shall adopt regulations establishing the amount of the fee that may be imposed pursuant to this section.

      Sec. 41. Except as otherwise provided in NRS 239.0115, any application and personal or financial records submitted to the Division pursuant to the provisions of this chapter and any personal or financial records or other documents obtained by the Division pursuant to an examination conducted by the Commissioner or his or her designee or in response to a subpoena are confidential and may be disclosed only to:

      1.  The Division, any authorized employee or representative of the Division and any state or federal agency investigating the activities covered under the provisions of this chapter; and

      2.  Any person if the Commissioner, in his or her discretion, determines that the interests of the public that would be protected by disclosure outweigh the interest of any person in the confidential information not being disclosed.

      Sec. 42. 1.  The Commissioner may require the immediate removal from office of any officer, director, manager or employee of any private professional guardian company doing business under this chapter who is found to be dishonest, incompetent or reckless in the management of the affairs of the private professional guardian company, or who persistently violates the laws of this State or the lawful orders, instructions and regulations issued by the Commissioner.

      2.  An officer, director, manager or employee of a private professional guardian company who is required to be removed from office pursuant to subsection 1 may appeal his or her removal by filing a written request for a hearing with the Commissioner within 10 days after the effective date of his or her removal. The Commissioner shall conduct the hearing after providing at least 5 days’ written notice to the private professional guardian company and the officer, director, manager or employee who is appealing his or her removal from office.

 


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providing at least 5 days’ written notice to the private professional guardian company and the officer, director, manager or employee who is appealing his or her removal from office. Within 5 days after the conclusion of the hearing, the Commissioner shall enter an order affirming or disaffirming the removal of the person from office. An order of the Commissioner entered pursuant to this subsection is final for the purposes of judicial review.

      Sec. 43. 1.  The Commissioner may take administrative action against a licensee, including, without limitation, revoking or suspending the license, or initiate proceedings as provided in section 46 of this act if the company:

      (a) Has violated this chapter or any other state or federal laws applicable to the business of a private professional guardian.

      (b) Is conducting the business in an unauthorized or unsafe manner.

      (c) Is in an unsafe or unsound condition to transact business.

      (d) Has an impairment of the surety bonds held by the company.

      (e) Has an impairment of the fidelity bonds held by the company.

      (f) Has become insolvent.

      (g) Has neglected or refused to comply with the terms of a lawful order of the Commissioner.

      (h) Has refused, upon proper demand, to submit its records, affairs and concerns for inspection and examination of an appointed or authorized examiner of the Commissioner.

      (i) Has refused to provide copies to the Division upon request, and in cooperation with any investigation, inspection or examination, of any and all documents reviewed by the Division during any such investigation, inspection or examination.

      (j) Has failed to pay any state or local taxes as required.

      (k) Has materially and willfully breached its fiduciary duties to a ward.

      (l) Has failed to properly disclose all fees, interest and other charges to the court and the public.

      (m) Has willfully engaged in material conflicts of interest regarding a ward.

      (n) Has made intentional material misrepresentations regarding any aspect of the services performed or proposed to be performed by the private professional guardian company.

      2.  The Commissioner also may initiate such proceedings to take possession of the business and property of any private professional guardian company if an officer, partner, member or sole proprietor of the private professional guardian company refuses to be examined upon oath regarding its affairs.

      Sec. 44. 1.  If the Commissioner has reason to believe that grounds for the revocation or suspension of a license exist, the Commissioner shall give at least 20 days’ written notice to the licensee stating the contemplated action and, in general, the grounds therefor and set a date for a hearing.

      2.  At the conclusion of a hearing, the Commissioner shall:

      (a) Enter a written order dismissing the charges, revoking the license or suspending the license for a period of not more than 60 days, which period must include any prior temporary suspension. The Commissioner shall send a copy of the order to the licensee by registered or certified mail.

 


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      (b) Impose upon the licensee an administrative fine of not more than $10,000 for each violation by the licensee of any provision of this chapter or any regulation adopted pursuant thereto.

      (c) If a fine is imposed pursuant to this section, enter such order as is necessary to recover the costs of the proceeding, including investigative costs and attorney’s fees.

      3.  The grounds for revocation or suspension of a license are that:

      (a) The licensee has failed to pay the annual license fee;

      (b) The licensee has violated any provision of this chapter or any regulation adopted pursuant thereto or any lawful order of the Commissioner;

      (c) The licensee has failed to pay any applicable state or local tax as required;

      (d) Any fact or condition exists which would have justified the Commissioner in denying the original application for a license pursuant to the provisions of this chapter; or

      (e) The licensee:

             (1) Failed to open an office for the conduct of the business authorized by his or her license within 180 days after the date the license was issued; or

             (2) Has failed to remain open for the conduct of the business for a period of 30 consecutive days without good cause therefor.

      4.  An order suspending or revoking a license becomes effective 5 days after being entered unless the order specifies otherwise or a stay is granted.

      5.  If the Commissioner enters an order suspending or revoking a license pursuant to this section, the Commissioner shall send a copy of the order to each district court in this State.

      Sec. 45. 1.  If the Commissioner finds that probable cause for the revocation of any license exists and that the public interest requires the immediate suspension of the license pending an investigation, the Commissioner may, upon 5 days’ written notice offering the opportunity for a hearing, enter an order suspending the license for a period of not more than 20 days, pending a hearing upon the revocation of the license unless the opportunity for a hearing is waived by the licensee.

      2.  If the Commissioner enters an order suspending a license pursuant to this section, the Commissioner shall send a copy of the order to each district court in this State.

      Sec. 46. 1.  If the Commissioner has reasonable cause to believe that any person is violating or is threatening to or intends to violate any provision of this chapter, the Commissioner may, in addition to any action provided for in this chapter and chapter 233B of NRS and without prejudice thereto, enter an order requiring the person to cease and desist or to refrain from such violation. If the Commissioner enters such an order pursuant to this subsection, the Commissioner shall send a copy of the order to each district court in this State.

      2.  The Commissioner may bring an action to enjoin a person from engaging in or continuing a violation or from doing any act or acts in furtherance thereof. In any such action, irreparable harm and lack of an adequate remedy at law will be presumed and an order or judgment may be entered awarding a preliminary or final injunction as may be deemed proper. The findings of the Commissioner shall be deemed to be prima facie evidence and sufficient grounds, in the discretion of the court, for the issuance ex parte of a temporary restraining order.

 


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facie evidence and sufficient grounds, in the discretion of the court, for the issuance ex parte of a temporary restraining order.

      3.  In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which an action is brought may impound, and appoint a receiver for, the property and business of the person, including books, papers, documents and records pertaining thereto, or so much thereof as a court may deem reasonably necessary to prevent violations of this chapter through or by means of the use of property and business, whether such books, papers, documents and records are in the possession of the person, a registered agent acting on behalf of the person or any other person. If a receiver is appointed and qualified, the receiver has such powers and duties relating to the custody, collection, administration, winding up and liquidation of such property and business as may be conferred upon the receiver by the court.

      4.  If a receiver is appointed pursuant to subsection 3, the receiver shall remit to the owners, members or shareholders of the private professional guardian company any amount of equity of the private professional guardian company remaining after the discharge of the liabilities and payment of the normal, prudent and reasonable expenses of the receivership.

      Sec. 47. 1.  Upon the filing with the Commissioner of a verified complaint against a private professional guardian company, the Commissioner shall investigate the alleged violation of the provisions of this chapter.

      2.  If the Commissioner determines that a complaint filed pursuant to subsection 1 warrants further action, the Commissioner shall send a copy of the complaint and notice of the date set for an informal hearing to the subject of the complaint and the Attorney General.

      3.  The Commissioner may require the private professional guardian company that is the subject of a complaint to file a verified answer to the complaint within 10 days after receipt of the complaint unless, for good cause shown, the Commissioner extends the time required for filing an answer for a period not to exceed 60 days.

      4.  If at the hearing the complaint is not explained to the satisfaction of the Commissioner, the Commissioner may take such action against the private professional guardian company as authorized by the provisions of this chapter.

      Sec. 48. 1.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Commissioner, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

      2.  The complaint or other documents filed by the Commissioner to initiate disciplinary action and all documents and information considered by the Commissioner when determining whether to impose discipline are public records.

      Sec. 49. 1.  In addition to any other remedy or penalty, the Commissioner may impose an administrative fine of not more than $10,000 per violation upon a person who violates any provision of this chapter or any regulation adopted pursuant thereto.

      2.  The maximum total fine that the Commissioner may impose on any person pursuant to this section with respect to the same or similar actions or series of actions which constitute the violations must not exceed the greater of $250,000 or 125 percent of the monetary value of all losses incurred by the private professional guardian company and its wards as the direct or indirect result of such violations.

 


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or series of actions which constitute the violations must not exceed the greater of $250,000 or 125 percent of the monetary value of all losses incurred by the private professional guardian company and its wards as the direct or indirect result of such violations.

      Sec. 50. 1.  A licensee who knowingly or willfully neglects to perform any act or duty required by this chapter or other applicable law, or who knowingly or willfully fails to satisfy any material lawful requirement made by the Commissioner is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  If no other punishment is otherwise provided by law, a person who violates any provision of this chapter is guilty of a gross misdemeanor.

      Sec. 50.2. Chapter 159 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 3, in a proceeding to appoint a guardian for an adult, the court shall give preference to a nominated person or relative, in that order of preference:

      (a) Whether or not the nominated person or relative is a resident of this State; and

      (b) If the court determines that the nominated person or relative is qualified and suitable to be appointed as guardian for the adult.

      2.  In determining whether any nominated person, relative or other person listed in subsection 4 is qualified and suitable to be appointed as guardian for an adult, the court shall consider, if applicable and without limitation:

      (a) The ability of the nominated person, relative or other person to provide for the basic needs of the adult, including, without limitation, food, shelter, clothing and medical care;

      (b) Whether the nominated person, relative or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of marijuana in accordance with the provisions of chapter 453A of NRS;

      (c) Whether the nominated person, relative or other person has been judicially determined to have committed abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult, unless the court finds that it is in the best interests of the ward to appoint the person as guardian for the adult;

      (d) Whether the nominated person, relative or other person is incompetent or has a disability; and

      (e) Whether the nominated person, relative or other person has been convicted in this State or any other jurisdiction of a felony, unless the court determines that any such conviction should not disqualify the person from serving as guardian for the adult.

      3.  If the court finds that two or more nominated persons are qualified and suitable to be appointed as guardian for an adult, the court may appoint two or more nominated persons as co-guardians or shall give preference among them in the following order of preference:

      (a) A person whom the adult nominated for the appointment as guardian for the adult in a will, trust or other written instrument that is part of the adult’s established estate plan and was executed by the adult while competent.

 


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      (b) A person whom the adult requested for the appointment as guardian for the adult in a written instrument that is not part of the adult’s established estate plan and was executed by the adult while competent.

      4.  Subject to the preferences set forth in subsections 1 and 3, the court shall appoint as guardian the qualified person who is most suitable and is willing to serve. In determining which qualified person is most suitable, the court shall, in addition to considering any applicable factors set forth in subsection 2, give consideration, among other factors, to:

      (a) Any nomination or request for the appointment as guardian by the adult.

      (b) Any nomination or request for the appointment as guardian by a relative.

      (c) The relationship by blood, adoption, marriage or domestic partnership of the proposed guardian to the adult. In considering preferences of appointment, the court may consider relatives of the half blood equally with those of the whole blood. The court may consider any relative in the following order of preference:

             (1) A spouse or domestic partner.

             (2) A child.

             (3) A parent.

             (4) Any relative with whom the adult has resided for more than 6 months before the filing of the petition or any relative who has a power of attorney executed by the adult while competent.

             (5) Any relative currently acting as agent.

             (6) A sibling.

             (7) A grandparent or grandchild.

             (8) An uncle, aunt, niece, nephew or cousin.

             (9) Any other person recognized to be in a familial relationship with the adult.

      (d) Any recommendation made by a master of the court or special master pursuant to NRS 159.0615.

      (e) Any request for the appointment of any other interested person that the court deems appropriate, including, without limitation, a person who is not a relative and who has a power of attorney executed by the adult while competent.

      5.  The court may appoint as guardian any nominated person, relative or other person listed in subsection 4 who is not a resident of this State. The court shall not give preference to a resident of this State over a nonresident if the court determines that:

      (a) The nonresident is more qualified and suitable to serve as guardian; and

      (b) The distance from the proposed guardian’s place of residence and the adult’s place of residence will not affect the quality of the guardianship or the ability of the proposed guardian to make decisions and respond quickly to the needs of the adult because:

             (1) A person or care provider in this State is providing continuing care and supervision for the adult;

             (2) The adult is in a secured residential long-term care facility in this State; or

             (3) Within 30 days after the appointment of the proposed guardian, the proposed guardian will move to this State or the adult will move to the proposed guardian’s state of residence.

 


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      6.  If the court appoints a nonresident as guardian for the adult:

      (a) The jurisdictional requirements of NRS 159.1991 to 159.2029, inclusive, must be met;

      (b) The court shall order the guardian to designate a registered agent in this State in the same manner as a represented entity pursuant to chapter 77 of NRS; and

      (c) The court may require the guardian to complete any available training concerning guardianships pursuant to NRS 159.0592, in this State or in the state of residence of the guardian, regarding:

             (1) The legal duties and responsibilities of the guardian pursuant to this chapter;

             (2) The preparation of records and the filing of annual reports regarding the finances and well-being of the adult required pursuant to NRS 159.073;

             (3) The rights of the adult;

             (4) The availability of local resources to aid the adult; and

             (5) Any other matter the court deems necessary or prudent.

      7.  If the court finds that there is not any suitable nominated person, relative or other person listed in subsection 4 to appoint as guardian, the court may appoint as guardian:

      (a) The public guardian of the county where the adult resides if:

             (1) There is a public guardian in the county where the adult resides; and

             (2) The adult qualifies for a public guardian pursuant to chapter 253 of NRS;

      (b) A private fiduciary who may obtain a bond in this State and who is a resident of this State, if the court finds that the interests of the adult will be served appropriately by the appointment of a private fiduciary; or

      (c) A private professional guardian who meets the requirements of NRS 159.0595.

      8.  A person is not qualified to be appointed as guardian for an adult if the person has been suspended for misconduct or disbarred from any of the professions listed in this subsection, but the disqualification applies only during the period of the suspension or disbarment. This subsection applies to:

      (a) The practice of law;

      (b) The practice of accounting; or

      (c) Any other profession that:

             (1) Involves or may involve the management or sale of money, investments, securities or real property; and

             (2) Requires licensure in this State or any other state in which the person practices his or her profession.

      9.  As used in this section:

      (a) “Adult” means a person who is a ward or a proposed ward and who is not a minor.

      (b) “Domestic partner” means a person in a domestic partnership.

      (c) “Domestic partnership” means:

             (1) A domestic partnership as defined in NRS 122A.040; or

             (2) A domestic partnership which was validly formed in another jurisdiction and which is substantially equivalent to a domestic partnership as defined in NRS 122A.040, regardless of whether it bears the name of a domestic partnership or is registered in this State.

 


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      (d) “Nominated person” means a person, whether or not a relative, whom an adult:

             (1) Nominates for the appointment as guardian for the adult in a will, trust or other written instrument that is part of the adult’s established estate plan and was executed by the adult while competent.

             (2) Requests for the appointment as guardian for the adult in a written instrument that is not part of the adult’s established estate plan and was executed by the adult while competent.

      (e) “Relative” means a person who is 18 years of age or older and who is related to the adult by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.

      Sec. 50.3. NRS 159.024 is hereby amended to read as follows:

      159.024  1.  “Private professional guardian” means a person who receives compensation for services as a guardian to three or more wards who are not related to the guardian by blood or marriage.

      2.  For the purposes of this chapter, the term includes:

      (a) A person who serves as a private professional guardian and who is required to have a license issued pursuant to sections 2 to 50, inclusive, of this act.

      (b) A person who serves as a private professional guardian but who is exempt pursuant to NRS 159.0595 or section 12 of this act from the requirement to have a license issued pursuant to sections 2 to 50, inclusive, of this act.

      3.  The term does not include:

      [1.](a) A governmental agency.

      [2.](b) A public guardian appointed or designated pursuant to the provisions of chapter 253 of NRS.

      Sec. 50.5. (Deleted by amendment.)

      Sec. 51. NRS 159.0595 is hereby amended to read as follows:

      159.0595  1.  [A] In order for a person to serve as a private professional guardian, [if a person,] the person must be [qualified] :

      (a) Qualified to serve as a guardian pursuant to [NRS 159.059] section 50.2 of this act if the ward is an adult or NRS 159.061 if the ward is a minor; and [must be]

      (b) A guardian who has a license issued pursuant to sections 2 to 50, inclusive, of this act or a certified guardian [.] who is not required to have such a license pursuant to subsection 3.

      2.  [A] In order for an entity to serve as a private professional guardian, [if an entity,] the entity must [be] :

      (a) Be qualified to serve as a guardian pursuant to [NRS 159.059] section 50.2 of this act if the ward is an adult;

      (b) Have a license issued pursuant to sections 2 to 50, inclusive, of this act, unless the entity is not required to have such a license pursuant to subsection 3; and [must have]

      (c) Have a guardian who has a license issued pursuant to sections 2 to 50, inclusive, of this act or a certified guardian who is not required to have such a license pursuant to subsection 3 involved in the day-to-day operation or management of the entity.

      3.  [A] In order for a person or entity to serve as a private professional guardian [shall, at his or her own cost and expense:

      (a) Undergo a background investigation which requires the submission of a complete set of his or her fingerprints to the Central Repository for Nevada Records of Criminal History and to the Federal Bureau of Investigation for their respective reports; and

 


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Nevada Records of Criminal History and to the Federal Bureau of Investigation for their respective reports; and

      (b) Present the results of the background investigation to the court upon request.] , the person or entity is not required to have a license issued pursuant to sections 2 to 50, inclusive, of this act if the person or entity is exempt from the requirement to have such a license pursuant to section 12 of this act and the person or entity:

      (a) Is a banking corporation as defined in NRS 657.016;

      (b) Is an organization permitted to act as a fiduciary pursuant to NRS 662.245;

      (c) Is a trust company as defined in NRS 669.070;

      (d) Is acting in the performance of his or her duties as an attorney at law;

      (e) Acts as a trustee under a deed of trust; or

      (f) Acts as a fiduciary under a court trust.

      4.  As used in this section:

      (a) “Certified guardian” means a person who is certified by the Center for Guardianship Certification or any successor organization.

      (b) “Entity” includes, without limitation, a corporation, whether or not for profit, a limited-liability company and a partnership.

      (c) “Person” means a natural person.

      Sec. 51.5. NRS 159.061 is hereby amended to read as follows:

      159.061  1.  The parents of a minor, or either parent, if qualified and suitable, are preferred over all others for appointment as guardian for the minor. The appointment of a parent as [a] guardian [of] for the [person] minor must not conflict with a valid order for custody of the minor.

      2.  In determining whether the parents of a minor, or either parent, or any other person who seeks appointment as guardian for the minor is qualified and suitable, the court shall consider, if applicable and without limitation:

      (a) Which parent has physical custody of the minor;

      (b) The ability of the parents , [or] parent or other person to provide for the basic needs of the [child,] minor, including, without limitation, food, shelter, clothing and medical care;

      (c) Whether the parents , [or] parent or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of marijuana in accordance with the provisions of chapter 453A of NRS; [and]

      (d) Whether the parents , [or] parent or other person has been convicted of a crime of moral turpitude, a crime involving domestic violence or a crime involving the abuse, neglect, exploitation , isolation or abandonment of a child [.] , his or her spouse, his or her parent or any other adult; and

      (e) Whether the parents, parent or other person has been convicted in this State or any other jurisdiction of a felony.

      [2.]3.  Subject to the preference set forth in subsection 1 , the court shall appoint as guardian [for an incompetent, a person of limited capacity or minor] the qualified person who is most suitable and is willing to serve.

      [3.]4.  In determining [who] which qualified person is most suitable, the court shall , in addition to considering any applicable factors set forth in subsection 2, give consideration, among other factors, to:

 


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      (a) [Any request for the appointment as guardian for an incompetent contained in a written instrument executed by the incompetent while competent.

      (b)] Any nomination of a guardian for [an incompetent,] the minor [or person of limited capacity] contained in a will or other written instrument executed by a parent [or spouse] of the [proposed ward.

      (c)] minor.

      (b) Any request [for the appointment as guardian for a] made by the minor , if he or she is 14 years of age or older [made by] , for the appointment of a person as guardian for the minor.

      [(d)](c) The relationship by blood [,] or adoption [or marriage] of the proposed guardian to the [proposed ward.] minor. In considering preferences of appointment, the court may consider relatives of the half blood equally with those of the whole blood. The court may consider relatives in the following order of preference:

             (1) [Spouse.

             (2) Adult child.

             (3)] Parent.

             [(4)] (2) Adult sibling.

             [(5)] (3) Grandparent . [or adult grandchild.]

             [(6)] (4) Uncle [,] or aunt . [, adult niece or adult nephew.

      (e)](d) Any recommendation made by a master of the court or special master pursuant to NRS 159.0615.

      [(f)](e) Any recommendation made by:

             (1) An agency which provides child welfare services, an agency which provides child protective services or a similar agency; or

             (2) A guardian ad litem or court appointed special advocate who represents the minor.

      (f) Any request for the appointment of any other interested person that the court deems appropriate.

      [4.  If the court finds that there is no suitable person to appoint as guardian pursuant to subsection 3, the court may appoint as guardian:

      (a) The public guardian of the county where the ward resides, if:

             (1) There is a public guardian in the county where the ward resides; and

             (2) The proposed ward qualifies for a public guardian pursuant to chapter 253 of NRS;

      (b) A private fiduciary who may obtain a bond in this State and who is a resident of this State, if the court finds that the interests of the ward will be served appropriately by the appointment of a private fiduciary; or

      (c) A private professional guardian who meets the requirements of NRS 159.0595.]

      5.  As used in this section, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      Sec. 51.7. NRS 159.185 is hereby amended to read as follows:

      159.185  1.  The court may remove a guardian if the court determines that:

      (a) The guardian has become mentally incompetent, unsuitable or otherwise incapable of exercising the authority and performing the duties of a guardian as provided by law;

 


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      (b) The guardian is no longer qualified to act as a guardian pursuant to [NRS 159.059;] section 50.2 of this act if the ward is an adult or NRS 159.061 if the ward is a minor;

      (c) The guardian has filed for bankruptcy within the previous 5 years;

      (d) The guardian of the estate has mismanaged the estate of the ward;

      (e) The guardian has negligently failed to perform any duty as provided by law or by any order of the court and:

             (1) The negligence resulted in injury to the ward or the estate of the ward; or

             (2) There was a substantial likelihood that the negligence would result in injury to the ward or the estate of the ward;

      (f) The guardian has intentionally failed to perform any duty as provided by law or by any lawful order of the court, regardless of injury;

      (g) The best interests of the ward will be served by the appointment of another person as guardian; or

      (h) The guardian is a private professional guardian who is no longer qualified as a private professional guardian pursuant to NRS 159.0595.

      2.  A guardian may not be removed if the sole reason for removal is the lack of money to pay the compensation and expenses of the guardian.

      Sec. 51.9. NRS 159.2024 is hereby amended to read as follows:

      159.2024  1.  To transfer jurisdiction of a guardianship or conservatorship to this State, the guardian, conservator or other interested party must petition the court of this State for guardianship pursuant to NRS 159.1991 to 159.2029, inclusive, to accept guardianship in this State. The petition must include a certified copy of the other state’s provisional order of transfer and proof that the ward is physically present in, or is reasonably expected to move permanently to, this State.

      2.  The court shall issue a provisional order granting a petition filed under subsection 1, unless:

      (a) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the ward; or

      (b) The guardian or petitioner is not qualified for appointment as a guardian in this State pursuant to [NRS 159.059.] section 50.2 of this act if the ward is an adult or NRS 159.061 if the ward is a minor.

      3.  The court shall issue a final order granting guardianship upon filing of a final order issued by the other state terminating proceedings in that state and transferring the proceedings to this State.

      4.  Not later than 90 days after the issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the laws of this State.

      5.  In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the ward’s incapacity and the appointment of the guardian or conservator.

      Sec. 52. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1A.110, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.

 


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119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 386.655, 387.626, 387.631, 388.5275, 388.528, 388.5315, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.652, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 412.153, 416.070, 422.290, 422.305, 422A.320, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.270, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 453.1545, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 467.137, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.583, 584.655, 598.0964, 598.0979, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.353, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.212, 634.214, 634A.185, 635.158, 636.107, 637.085, 637A.315, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.280, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and sections 41 and 48 of this act and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.

 


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confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

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

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

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

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

      Sec. 52.3. NRS 253.150 is hereby amended to read as follows:

      253.150  1.  The board of county commissioners of each county shall establish the office of public guardian.

      2.  The board of county commissioners shall:

      (a) Appoint a public guardian, who serves at the pleasure of the board, for a term of 4 years from the day of appointment;

      (b) Designate an elected or appointed county officer as ex officio public guardian;

      (c) Pursuant to the mechanism set forth in NRS 244.1507, designate another county officer to execute the powers and duties of the public guardian;

      (d) Except in a county whose population is 100,000 or more, contract with a private professional guardian to act as public guardian; or

      (e) Contract with the board of county commissioners of a neighboring county in the same judicial district to designate as public guardian the public guardian of the neighboring county.

      3.  The compensation of a public guardian appointed or designated pursuant to subsection 2 must be fixed by the board of county commissioners and paid out of the county general fund.

      4.  As used in this section, “private professional guardian” [means a person who receives compensation for services as a guardian to three or more wards who are not related to the person by blood or marriage.

 


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more wards who are not related to the person by blood or marriage. The] has the meaning ascribed to it in NRS 159.024, except that the term does not include:

      (a) [A governmental agency.

      (b)] A banking corporation, as defined in NRS 657.016, or an organization permitted to act as a fiduciary pursuant to NRS 662.245 if it is appointed as guardian of an estate only.

      [(c)](b) A trust company, as defined in NRS 669.070.

      [(d)](c) A court-appointed attorney licensed to practice law in this State.

      (d) A trustee under a deed of trust.

      (e) A fiduciary under a court trust.

      Sec. 52.5.NRS 432B.4665 is hereby amended to read as follows:

      432B.4665  1.  The court may, upon the filing of a petition pursuant to NRS 432B.466, appoint a person as a guardian for a child if:

      (a) The court finds:

             (1) That the proposed guardian is suitable and is not disqualified from guardianship pursuant to NRS [159.059;] 159.061;

             (2) That the child has been in the custody of the proposed guardian for 6 months or more pursuant to a determination by a court that the child was in need of protection, unless the court waives this requirement for good cause shown;

             (3) [Except as otherwise provided in subsection 3, that] That the proposed guardian has complied with the requirements of chapter 159 of NRS; and

             (4) That the burden of proof set forth in chapter 159 of NRS for the appointment of a guardian for a child has been satisfied;

      (b) The child consents to the guardianship, if the child is 14 years of age or older; and

      (c) The court determines that the requirements for filing a petition pursuant to NRS 432B.466 have been satisfied.

      2.  A guardianship established pursuant to this section:

      (a) Provides the guardian with the powers and duties provided in NRS 159.079, and subjects the guardian to the limitations set forth in NRS 159.0805;

      (b) Is subject to the provisions of NRS 159.065 to 159.076, inclusive, and 159.185 to 159.199, inclusive;

      (c) Provides the guardian with sole legal and physical custody of the child;

      (d) Does not result in the termination of parental rights of a parent of the child; and

      (e) Does not affect any rights of the child to inheritance, a succession or any services or benefits provided by the Federal Government, this state or an agency or political subdivision of this state.

      [3.  The court may appoint as a guardian for a child pursuant to this section for not more than 6 months a person who does not satisfy the residency requirement set forth in subsection 5 of NRS 159.059 if the court determines that appointing such a person is necessary to facilitate the permanent placement of the child.]

      Sec. 52.7.NRS 159.059 is hereby repealed.

      Sec. 53.  1.  This section and sections 1 to 19, inclusive, and 21 to 52.7, inclusive, of this act become effective:

 


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

      (b) On January 1, 2016, for all other purposes.

      2.  Section 19 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

      3.  Section 20 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

      4.  Sections 20 and 21 of this act expire by limitation 2 years after the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

________

 

 

 


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CHAPTER 410, AB 332

Assembly Bill No. 332–Assemblymen Kirkpatrick; Benitez-Thompson, Carlton and Hickey

 

CHAPTER 410

 

[Approved: June 8, 2015]

 

AN ACT relating to public works; prohibiting a public body from entering into certain contracts for public works which allow for purchase by the public body of the construction materials or goods to be used in the public work; providing that the Attorney General shall enforce the prohibition against such a contract for a public work; directing the Department of Taxation to withhold certain money payable to a public body which violates such a prohibition in a contract for a public work; revising provisions relating to certain construction projects of the Nevada System of Higher Education; revising the minimum qualifications for the Administrator of the State Public Works Division of the Department of Administration; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the sale of any tangible personal property to a governmental entity including the State, its unincorporated agencies and instrumentalities or a county, city, district or other political subdivision of this State, is exempted from the imposition of sales and use taxes. (NRS 372.325, 372.345) A contractor who buys tangible personal property or stores, uses or otherwise consumes tangible personal property for such a governmental entity must pay such taxes unless the contractor is a constituent part of that entity. (NRS 372.340) Section 1 of this bill prohibits any public body including the State, its local governments, school districts, and any public agency thereof which sponsors or finances a public work from entering into an express or implied contract for a public work which provides that any construction materials or goods to be used on the public work be purchased or otherwise supplied by: (1) the public body; (2) a contractor who is a constituent part of the public body; or (3) a contractor who is not a constituent part of the public body acting on behalf of the public body. A public body may, however, enter into such a contract for a public work provided that the contract requires the payment of any state or local taxes that would otherwise have been due for the purchase and use of such construction materials or goods if they had been purchased and used by an entity not exempted from the payment of such taxes. Section 1 also provides that: (1) an express or implied contract entered into in violation of this prohibition is void; (2) a person who enters into such a contract is guilty of a gross misdemeanor; and (3) the right to enforce the provisions of this prohibition vests exclusively in the Attorney General. Section 1 further provides that, if a contract is entered into in violation of this prohibition, the Attorney General must forward to the Department of Taxation a list of the construction materials or goods purchased under the contract. The Department is then required to calculate the amount of applicable state and local taxes that should have been collected on the construction materials or goods, and deduct from the money otherwise payable from the proceeds of any tax distribution due to the public body twice the amount of the applicable taxes. In addition, section 1 exempts from the new prohibition express or implied contracts for public works that use certain construction materials or goods that are: (1) purchased pursuant to governmental procurement rules, needed on a recurring basis and used to protect the health, safety or welfare of the public; or (2) specialized, project-specific components.

 


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      Under existing law, the laws of this State pertaining to public works apply to any project which is financed in whole or in part from public money for the new construction, repair or reconstruction of publicly owned works and properties, except that such laws only apply to a building for the Nevada System of Higher Education if 25 percent or more of the costs of the building as a whole are paid from money appropriated by this State or from federal money. (NRS 338.010) Section 2 of this bill removes that exemption from the application of public works laws for a building of the System if less than 25 percent of the costs of the building are paid from money appropriated by this State or federal money, but section 2.5 of this bill exempts such a building from certain provisions requiring that a public body use the services of the State Public Works Division of the Department of Administration for certain services relating to planning, maintenance and construction of state buildings. (NRS 341.141-341.148) Section 2.5 also specifically requires the System to use the services of the Division as building official for the construction of any building for the System. Section 4 of this bill repeals certain sections for conformity with the amendments made in section 2.

      Under existing law, the Administrator and Deputy Administrator of the State Public Works Division are required to be licensed professional engineers or registered architects. (NRS 341.100) Section 2.6 of this bill revises those qualifications to require that the Administrator have: (1) a master’s degree or doctoral degree in civil or environmental engineering, architecture, public administration or a related field; and (2) have experience in management, public administration or public policy. Section 2.6 provides that if the Administrator is not a licensed professional engineer or a registered architect, the Deputy Administrator is required to be a licensed professional engineer or a registered architect.

 

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

      1.  Except as otherwise provided in this section, a public body shall not enter into an express or implied contract for a public work which provides that any construction materials or goods to be used on the public work will be purchased or otherwise supplied by:

      (a) The public body or a contractor who is a constituent part of the public body; or

      (b) A contractor who is not a constituent part of the public body but is acting on behalf of the public body.

      2.  A public body may enter into an express or implied contract for a public work which provides that any construction materials or goods to be used in the public work will be purchased or supplied by the public body, a contractor who is a constituent part of the public body or a contractor who is not a constituent part of the public body but is acting on behalf of the public body if:

      (a) The contract requires the payment of any state or local taxes that would otherwise have been due for the purchase and use of the construction materials or goods if the construction materials or goods had been purchased and used by a contractor who was not a constituent part of the public body and who was not otherwise exempt from the taxes pursuant to state or local law; and

      (b) The public body sends an itemized list of the construction materials or goods to be purchased or otherwise provided by the public body or a contractor who is a constituent part of the public body, to the Department of Taxation.

 


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contractor who is a constituent part of the public body, to the Department of Taxation. The itemized list must include the amount paid for each item.

      3.  An express or implied contract entered into in violation of subsection 1 is void.

      4.  A person who enters into an express or implied contract that violates the provisions of subsection 1 is guilty of a gross misdemeanor.

      5.  The right to enforce the provisions of this section vests exclusively in the Attorney General, who shall institute and prosecute the appropriate proceedings to enforce the provisions of this section.

      6.  If an express or implied contract for a public work is entered into in violation of subsection 1, the Attorney General shall forward to the Department of Taxation a list of construction materials or goods purchased in violation of this section by the public body or the contractor who is a constituent part of the public body. The Department shall calculate the applicable state and local taxes on the purchase and use of the construction materials or goods which would have been due but for the tax exemption of the public body or the contractor who is a constituent part of the public body, and shall deduct from the money otherwise payable from the proceeds of any tax distribution to the public body twice the amount of the applicable taxes.

      7.  The provisions of this section do not apply to an express or implied contract for a public work for which the construction materials or goods purchased by the public body are:

      (a) Devices, equipment or hardware purchased in compliance with chapter 332 or 333 of NRS which are needed on a recurring basis and used to protect the health, safety or welfare of the public, including, without limitation, official traffic control devices; or

      (b) Specialized components purchased in compliance with chapter 332 or 333 of NRS which are specific to a particular project and are not commonly used in public works projects.

Ê If a public body enters into such a contract, the public body must provide annually to the Department of Taxation an itemized list of the construction materials or goods purchased pursuant to the contract and the amount paid for each item.

      8.  If a public body is going to perform the public work itself in accordance with NRS 338.13864, the public body is not required to:

      (a) Pay any state or local taxes for the purchase and use of construction materials or goods.

      (b) Send to the Department of Taxation an itemized list of construction materials or goods to be purchased by the public body for the public work.

      9.  As used in this section, “construction materials or goods” means all materials, equipment or supplies which are intended to be used in a public work.

      Sec. 2. NRS 338.010 is hereby amended to read as follows:

      338.010  As used in this chapter:

      1.  “Authorized representative” means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter.

      2.  “Contract” means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work.

      3.  “Contractor” means:

 


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      (a) A person who is licensed pursuant to the provisions of chapter 624 of NRS.

      (b) A design-build team.

      4.  “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing.

      5.  “Design-build contract” means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.

      6.  “Design-build team” means an entity that consists of:

      (a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

      (b) For a public work that consists of:

             (1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

             (2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS.

      7.  “Design professional” means:

      (a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

      (b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;

      (c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;

      (d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

      (e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.

      8.  “Division” means the State Public Works Division of the Department of Administration.

      9.  “Eligible bidder” means a person who is:

      (a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or

      (b) Determined by a public body or its authorized representative which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or 338.1382.

      10.  “General contractor” means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:

      (a) General engineering contracting, as described in subsection 2 of NRS 624.215.

      (b) General building contracting, as described in subsection 3 of NRS 624.215.

 


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      11.  “Governing body” means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested.

      12.  “Horizontal construction” means the construction of any fixed work, including any irrigation, drainage, water supply, flood control, harbor, railroad, highway, tunnel, airport or airway, sewer, sewage disposal plant or water treatment facility and any ancillary vertical components thereof, bridge, inland waterway, pipeline for the transmission of petroleum or any other liquid or gaseous substance, pier, and work incidental thereto. The term does not include vertical construction, the construction of any terminal or other building of an airport or airway, or the construction of any other building.

      13.  “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes a person who has been designated by the governing body of a local government to serve as its authorized representative.

      14.  “Offense” means failing to:

      (a) Pay the prevailing wage required pursuant to this chapter;

      (b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;

      (c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or

      (d) Comply with subsection 5 or 6 of NRS 338.070.

      15.  “Prime contractor” means a contractor who:

      (a) Contracts to construct an entire project;

      (b) Coordinates all work performed on the entire project;

      (c) Uses his or her own workforce to perform all or a part of the public work; and

      (d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.

Ê The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148.

      16.  “Public body” means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work.

      17.  “Public work” means any project for the new construction, repair or reconstruction of [:

      (a) A] a project financed in whole or in part from public money for:

             [(1)](a) Public buildings;

             [(2)](b) Jails and prisons;

             [(3)](c) Public roads;

             [(4)](d) Public highways;

             [(5)](e) Public streets and alleys;

             [(6)](f) Public utilities;

 


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             [(7)](g) Publicly owned water mains and sewers;

             [(8)](h) Public parks and playgrounds;

             [(9)](i) Public convention facilities which are financed at least in part with public money; and

             [(10)](j) All other publicly owned works and property.

      [(b) A building for the Nevada System of Higher Education of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by this State or from federal money.]

      18.  “Specialty contractor” means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.

      19.  “Stand-alone underground utility project” means an underground utility project that is not integrated into a larger project, including, without limitation:

      (a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and

      (b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,

Ê that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711.

      20.  “Subcontract” means a written contract entered into between:

      (a) A contractor and a subcontractor or supplier; or

      (b) A subcontractor and another subcontractor or supplier,

Ê for the provision of labor, materials, equipment or supplies for a construction project.

      21.  “Subcontractor” means a person who:

      (a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and

      (b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project.

      22.  “Supplier” means a person who provides materials, equipment or supplies for a construction project.

      23.  “Vertical construction” means the construction or remodeling of any building, structure or other improvement that is predominantly vertical, including, without limitation, a building, structure or improvement for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, and any improvement appurtenant thereto.

      24.  “Wages” means:

      (a) The basic hourly rate of pay; and

      (b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the worker.

      25.  “Worker” means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. The term does not include a design professional.

      Sec. 2.5. Chapter 341 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, the provisions of NRS 341.141 to 341.148, inclusive, apply to a contract for the construction of a building for the Nevada System of Higher Education only if 25 percent or more of the costs of the building as a whole are paid from money appropriated by this State or from federal money.

 


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of a building for the Nevada System of Higher Education only if 25 percent or more of the costs of the building as a whole are paid from money appropriated by this State or from federal money.

      2.  The provisions of subsection 2 of NRS 341.145 apply to the construction of any building for the Nevada System of Higher Education.

      Sec. 2.6. NRS 341.100 is hereby amended to read as follows:

      341.100  1.  The Administrator and the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section serve at the pleasure of the Director of the Department.

      2.  The Administrator shall appoint:

      (a) A Deputy Administrator of the Public Works - Professional Services Section; and

      (b) A Deputy Administrator of the Buildings and Grounds Section.

Ê Each deputy administrator appointed pursuant to this subsection serves at the pleasure of the Administrator.

      3.  The Administrator shall recommend and the Director shall appoint a Deputy Administrator of the Public Works - Compliance and Code Enforcement Section. The Deputy Administrator appointed pursuant to this subsection has the final authority in the interpretation and enforcement of any applicable building codes.

      4.  The Administrator may appoint such other technical and clerical assistants as may be necessary to carry into effect the provisions of this chapter.

      5.  The Administrator and each deputy administrator are in the unclassified service of the State. Except as otherwise provided in NRS 284.143, the Administrator and each deputy administrator shall devote his or her entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.

      6.  The Administrator [and] must have a master’s degree or doctoral degree in civil or environmental engineering, architecture, public administration or a related field and must have experience in management, public administration or public policy. If the Administrator is not a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS, the Deputy Administrator of the Public Works - Professional Services Section must [each] be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS.

      7.  The Deputy Administrator of the Public Works - Compliance and Code Enforcement Section must have a comprehensive knowledge of building codes and a working knowledge of the principles of engineering or architecture as determined by the Administrator.

      8.  The Administrator shall:

      (a) Serve as the Secretary of the Board.

      (b) Manage the daily affairs of the Division.

      (c) Represent the Board and the Division before the Legislature.

      (d) Prepare and submit to the Board, for its approval, the recommended priority for proposed capital improvement projects and provide the Board with an estimate of the cost of each project.

      (e) Select architects, engineers and contractors.

      (f) Accept completed projects.

 


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      (g) Submit in writing to the Director of the Department, the Governor and the Interim Finance Committee a monthly report regarding all public works projects which are a part of the approved capital improvement program. For each such project, the monthly report must include, without limitation, a detailed description of the progress of the project which highlights any specific events, circumstances or factors that may result in:

             (1) Changes in the scope of the design or construction of the project or any substantial component of the project which increase or decrease the total square footage or cost of the project by 10 percent or more;

             (2) Increased or unexpected costs in the design or construction of the project or any substantial component of the project which materially affect the project;

             (3) Delays in the completion of the design or construction of the project or any substantial component of the project; or

             (4) Any other problems which may adversely affect the design or construction of the project or any substantial component of the project.

      (h) Have final authority to approve the architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.

      9.  The Deputy Administrator of the Public Works - Compliance and Code Enforcement Section shall:

      (a) Serve as the building official for all buildings and structures on property of the State or held in trust for any division of the State Government; and

      (b) Consult with an agency or official that is considering adoption of a regulation described in NRS 446.942, 449.345, 455C.115, 461.173, 472.105 or 477.0325 and provide recommendations regarding how the regulation, as it applies to buildings and structures on property of this State or held in trust for any division of the State Government, may be made consistent with other regulations which apply to such buildings or structures.

      Sec. 2.7. NRS 341.141 is hereby amended to read as follows:

      341.141  1.  The Division shall furnish engineering and architectural services to the Nevada System of Higher Education and all other state departments, boards or commissions charged with the construction of any building constructed on state property or for which the money is appropriated by the Legislature, except:

      (a) Buildings used in maintaining highways;

      (b) Improvements, other than nonresidential buildings with more than 1,000 square feet in floor area, made:

             (1) In state parks by the State Department of Conservation and Natural Resources; or

             (2) By the Department of Wildlife; [and]

      (c) Buildings of the Nevada System of Higher Education:

             (1) That are exempted pursuant to subsection 1 of section 2.5 of this act; or

             (2) To which subsection 1 of section 2.5 of this act applies if the Administrator has delegated his or her authority in accordance with NRS 341.119; and

      (d) Buildings on property controlled by other state agencies if the Administrator has delegated his or her authority in accordance with NRS 341.119.

 


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Ê The Board of Regents of the University of Nevada and all other state departments, boards or commissions shall use those services.

      2.  The services must consist of:

      (a) Preliminary planning;

      (b) Designing;

      (c) Estimating of costs; and

      (d) Preparation of detailed plans and specifications.

      Sec. 3. NRS 338.018 and 338.075 are hereby repealed.

      Sec. 4.  This act becomes effective on July 1, 2015.

________

CHAPTER 411, AB 341

Assembly Bill No. 341–Assemblymen Ohrenschall, Diaz, Silberkraus, Spiegel, Carrillo; Elliot Anderson, Araujo, Carlton, Joiner, Jones, Munford, Neal, Stewart, Swank and Thompson

 

Joint Sponsor: Senator Ford

 

CHAPTER 411

 

[Approved: June 8, 2015]

 

AN ACT relating to education; requiring each school district and certain charter schools to administer an early literacy screening assessment to certain pupils; authorizing certain persons to perform additional testing for dyslexia; requiring a school district and a charter school to address the needs of a pupil who has indicators for dyslexia through the response to scientific, research-based intervention system of instruction; requiring the individualized education program team of a pupil with dyslexia to consider certain instructional approaches; requiring each school district, each elementary school and certain charter schools to designate at least one employee to receive professional development regarding dyslexia; requiring the Department to prepare and publish a Dyslexia Resource Guide; requiring certain standards relating to the education of pupils with disabilities to include provisions concerning dyslexia; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 8 of this bill requires the board of trustees of each school district and the governing body of each charter school that serves pupils in kindergarten or grade 1, 2 or 3 to prescribe an early literacy screening assessment for use by the schools located in the school district or the charter school, respectively. Section 9 of this bill: (1) requires each school district and charter school to administer screenings for dyslexia to certain pupils in certain grade levels; and (2) requires a school district and charter school to address the needs of a pupil if the screening confirms that a pupil has indicators for dyslexia through the response to scientific, research-based intervention system of instruction.

      Section 11 of this bill requires a pupil’s individualized education program team to consider certain instructional approaches when developing an individualized education program for a pupil with dyslexia.

 


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      Section 13 of this bill requires the principal of a public elementary school, including, without limitation, a charter school, to designate a licensed teacher employed by the school to receive training in effective methods for intervention for pupils with dyslexia. If the principal of a school has designated a teacher as a learning strategist, section 13 requires the learning strategist to be the person to receive such training. Section 13 also requires each school district and charter school to ensure that at least one employee who serves pupils in kindergarten or grade 1, 2 or 3 is designated at each school to receive professional development regarding dyslexia. If the principal of a school has designated a teacher as a learning strategist, section 13 requires the learning strategist to provide such professional development.

      Section 14 of this bill requires the Department to prepare and publish a Dyslexia Resource Guide as a guide for each school district and public school to use to identify and provide dyslexia intervention for pupils with dyslexia.

      Existing law requires the State Board of Education to prescribe minimum standards for the special education of pupils with disabilities. (NRS 388.520) Section 16 of this bill requires that the standards prescribed by the State Board for pupils with dyslexia include certain instruction.

      Existing law requires the State Board to prescribe by regulation the standards for approval of a course of study or training offered by an educational institution to qualify a person to be a teacher or administrator or perform other educational functions. (NRS 388.520) Section 17 of this bill requires these regulations to include training on how to identify a pupil who is at risk for dyslexia or related disorders.

 

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 1-6. (Deleted by amendment.)

      Sec. 7. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 14, inclusive, of this act.

      Sec. 8. 1.  Except as otherwise provided in subsection 2, the board of trustees of each school district shall prescribe for use by the elementary schools located in the school district an early literacy screening assessment that meets the requirements set forth in subsection 3.

      2.  The governing body of each charter school that serves pupils in kindergarten or grade 1, 2 or 3 shall prescribe an early literacy screening assessment for use by the charter school that meets the requirements set forth in subsection 3.

      3.  The early literacy screening assessment prescribed pursuant to subsection 1 or 2 must include, without limitation, screening for:

      (a) Phonological and phonemic awareness;

      (b) Sound-symbol recognition;

      (c) Alphabet knowledge;

      (d) Decoding skills;

      (e) Rapid naming skills; and

      (f) Encoding skills.

      Sec. 9. 1.  The board of trustees of a school district or the governing body of a charter school, as applicable, shall administer the early literacy screening assessment prescribed pursuant to section 8 of this act to each pupil enrolled in kindergarten or grade 1, 2 or 3 who:

      (a) Has indicators for dyslexia; and

      (b) Needs intervention.

 


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      2.  If an early literacy screening assessment administered pursuant to subsection 1 confirms that a pupil has indicators for dyslexia, the board of trustees of a school district or governing body of a charter school, as applicable, shall address the needs of the pupil through the response to scientific, research-based intervention system of instruction.

      3.  If the response to scientific, research-based intervention system of instruction determines that a pupil needs additional screening in order to determine whether the pupil has a specific learning disability, including, without limitation, dyslexia:

      (a) The pupil must receive additional testing by a trained professional using a norm-referenced test; and

      (b) The board of trustees of the school district or the governing body of the charter school, as applicable, shall perform a comprehensive evaluation for the pupil in addition to the required response to scientific, research-based intervention system of instruction.

      Sec. 10.  (Deleted by amendment.)

      Sec. 11. When developing an individualized education program for a pupil with dyslexia in accordance with NRS 388.520, the pupil’s individualized education program team shall consider, without limitation, the following instructional approaches:

      1.  Explicit, direct instruction that is systematic, sequential and cumulative and follows a logical plan of presenting the alphabetic principle that targets the specific needs of the pupil;

      2.  Individualized instruction to meet the specific needs of the pupil in an appropriate setting that uses intensive, highly-concentrated instruction methods and materials that maximize pupil engagement;

      3.  Meaning-based instruction directed at purposeful reading and writing, with an emphasis on comprehension and composition; and

      4.  Multisensory instruction that incorporates the simultaneous use of two or more sensory pathways during teacher presentations and pupil practice.

      Sec. 12.  (Deleted by amendment.)

      Sec. 13. 1.  The principal of a public elementary school, including, without limitation, a charter school, shall designate a licensed teacher employed by the school to receive training in effective methods of intervention for pupils with dyslexia. If the principal has designated a licensed teacher to serve as a learning strategist, the learning strategist must be the person to receive such training.

      2.  The board of trustees of each school district and the governing body of each charter school shall ensure that at least one employee who serves pupils in kindergarten or grade 1, 2 or 3 is designated at each school to receive professional development regarding dyslexia. Such professional development must include, without limitation, training in:

      (a) Methods to recognize indicators for dyslexia; and

      (b) The science related to teaching a pupil with dyslexia.

      3.  The professional development required pursuant to subsection 2:

      (a) Must be provided by a learning strategist, if the principal has designated a licensed teacher to serve as a learning strategist; or

      (b) May be provided on the Internet or at another venue approved by the Department.

 


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      Sec. 14. The Department shall prepare and publish a Dyslexia Resource Guide as a guide for each school district and public school, including, without limitation, a charter school, to use to identify and provide dyslexia intervention for pupils with dyslexia.

      Sec. 15. NRS 388.440 is hereby amended to read as follows:

      388.440  As used in NRS 388.440 to 388.5317, inclusive [:] , and sections 8 to 14, inclusive, of this act:

      1.  “Communication mode” means any system or method of communication used by a person who is deaf or whose hearing is impaired to facilitate communication which may include, without limitation:

      (a) American Sign Language;

      (b) English-based manual or sign systems;

      (c) Oral and aural communication;

      (d) Spoken and written English, including speech reading or lip reading; and

      (e) Communication with assistive technology devices.

      2.  “Dyslexia” means a neurological learning disability characterized by difficulties with accurate and fluent word recognition and poor spelling and decoding abilities that typically result from a deficit in the phonological component of language.

      3.  “Dyslexia intervention” means systematic, multisensory intervention offered in an appropriate setting that is derived from evidence-based research.

      4.  “Gifted and talented pupil” means a person under the age of 18 years who demonstrates such outstanding academic skills or aptitudes that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.

      [3.]5.  “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      [4.]6.  “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

      [5.]7.  “Pupil who receives early intervening services” means a person enrolled in kindergarten or grades 1 to 12, inclusive, who is not a pupil with a disability but who needs additional academic and behavioral support to succeed in a regular school program.

      [6.]8.  “Pupil with a disability” means a person under the age of 22 years who deviates either educationally, physically, socially or emotionally so markedly from normal patterns that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.

      9.  “Response to scientific, research-based intervention” means a collaborative process which assesses a pupil’s response to scientific, research-based intervention that is matched to the needs of a pupil and that systematically monitors the level of performance and rate of learning of the pupil over time for the purpose of making data-based decisions concerning the need of the pupil for increasingly intensified services.

      10.  “Specific learning disability” means a disorder in one or more of the basic psychological processes involved in understanding or using spoken or written language which is not primarily the result of a visual, hearing or motor impairment, intellectual disability, serious emotional disturbance, or an environmental, cultural or economic disadvantage.

 


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Such a disorder may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or perform mathematical calculations. The term includes, without limitation, perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia.

      Sec. 16. NRS 388.520 is hereby amended to read as follows:

      388.520  1.  The Department shall:

      (a) Prescribe a form that contains the basic information necessary for the uniform development, review and revision of an individualized education program for a pupil with a disability in accordance with 20 U.S.C. § 1414(d); and

      (b) Make the form available on a computer disc for use by school districts and, upon request, in any other manner deemed reasonable by the Department.

      2.  Except as otherwise provided in this subsection, each school district shall ensure that the form prescribed by the Department is used for the development, review and revision of an individualized education program for each pupil with a disability who receives special education in the school district. A school district may use an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

      3.  The State Board:

      (a) Shall prescribe minimum standards for the special education of pupils with disabilities and gifted and talented pupils.

      (b) May prescribe minimum standards for the provision of early intervening services.

      4.  The minimum standards prescribed by the State Board must include standards for programs of instruction or special services maintained for the purpose of serving pupils with:

      (a) Hearing impairments, including, but not limited to, deafness.

      (b) Visual impairments, including, but not limited to, blindness.

      (c) Orthopedic impairments.

      (d) Speech and language impairments.

      (e) Intellectual disabilities.

      (f) Multiple impairments.

      (g) Serious emotional disturbances.

      (h) Other health impairments.

      (i) Specific learning disabilities.

      (j) Autism spectrum disorders.

      (k) Traumatic brain injuries.

      (l) Developmental delays.

      (m) Gifted and talented abilities.

      5.  The minimum standards prescribed by the State Board for pupils with hearing impairments, including, without limitation, deafness, pursuant to paragraph (a) of subsection 4 must provide:

      (a) That a pupil cannot be denied the opportunity for instruction in a particular communication mode solely because the communication mode originally chosen for the pupil is different from a communication mode recommended by the pupil’s individualized education program team; and

      (b) That, to the extent feasible, as determined by the board of trustees of the school district, a school is required to provide instruction to those pupils in more than one communication mode.

 


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      6.  The minimum standards prescribed by the State Board for pupils with dyslexia pursuant to paragraph (i) of subsection 4 must include, without limitation, standards for instruction on:

      (a) Phonemic awareness to enable a pupil to detect, segment, blend and manipulate sounds in spoken language;

      (b) Graphonomic knowledge for teaching the sounds associated with letters in the English language;

      (c) The structure of the English language, including, without limitation, morphology, semantics, syntax and pragmatics;

      (d) Linguistic instruction directed toward proficiency and fluency with the patterns of language so that words and sentences are carriers of meaning; and

      (e) Strategies that a pupil may use for decoding, encoding, word recognition, fluency and comprehension.

      7.  No apportionment of state money may be made to any school district or charter school for the instruction of pupils with disabilities and gifted and talented pupils until the program of instruction maintained therein for such pupils is approved by the Superintendent of Public Instruction as meeting the minimum standards prescribed by the State Board.

      [7.] 8.  The Department shall, upon the request of the board of trustees of a school district, provide information to the board of trustees concerning the identification and evaluation of pupils with disabilities in accordance with the standards prescribed by the State Board.

      [8.] 9.  The Department shall post on the Internet website maintained by the Department the data that is submitted to the United States Secretary of Education pursuant to 20 U.S.C. § 1418 within 30 days after submission of the data to the Secretary in a manner that does not result in the disclosure of data that is identifiable to an individual pupil.

      Sec. 17. NRS 391.037 is hereby amended to read as follows:

      391.037  1.  The State Board shall:

      (a) Prescribe by regulation the standards for approval of a course of study or training offered by an educational institution to qualify a person to be a teacher or administrator or to perform other educational functions. The regulations prescribed pursuant to this paragraph must include, without limitation, training on how to identify a pupil who is at risk for dyslexia or related disorders.

      (b) Maintain descriptions of the approved courses of study required to qualify for endorsements in fields of specialization and provide to an applicant, upon request, the approved course of study for a particular endorsement.

      2.  Except for an applicant who submits an application for the issuance of a license pursuant to subparagraph (1) of paragraph (a) or paragraph (g) or (j) of subsection 1 of NRS 391.019, an applicant for a license as a teacher or administrator or to perform some other educational function must submit with his or her application, in the form prescribed by the Superintendent of Public Instruction, proof that the applicant has satisfactorily completed a course of study and training approved by the State Board pursuant to subsection 1.

      Sec. 18. (Deleted by amendment.)

      Sec. 19.  This act becomes effective on July 1, 2015.

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