Link to Page 1426

 

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ê2009 Statutes of Nevada, Page 1427 (Chapter 324, AB 10)ê

 

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

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

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

      Sec. 7.  NRS 633.691 is hereby amended to read as follows:

      633.691  1.  In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Board, a medical review panel of a hospital, a hearing officer, a panel of the Board, or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of an osteopathic physician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for such initiation or assistance or any consequential damages, if the person or organization acted [without malicious intent.] in good faith.

      2.  The Board shall not commence an investigation, impose any disciplinary action or take any other adverse action against an osteopathic physician for:

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

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

      3.  As used in this section, “governmental entity” includes, without limitation:

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

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

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

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

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

      Sec. 8.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 1428ê

 

CHAPTER 325, AB 54

Assembly Bill No. 54–Committee on Government Affairs

 

CHAPTER 325

 

AN ACT relating to counties; authorizing a board of county commissioners in certain counties to establish programs to provide financial assistance to persons to connect to a public water or sewer system or to make property resistant to flood damage; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      This bill authorizes the board of county commissioners of a county whose population is 100,000 or more but less than 400,000 (currently Washoe County) to establish: (1) a program to provide financial assistance to persons to connect to a public water or sewer system under certain circumstances; and (2) a program to provide financial assistance to owners of public or private property to make such property resistant to flood damage.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Except as otherwise provided in this section, if a board of county commissioners of a county whose population is 100,000 or more but less than 400,000 operates a public water or sewer system, the board may:

      (a) Establish by ordinance a program to provide financial assistance to persons to connect to the public water or sewer system.

      (b) Accept gifts, grants and other sources of money to pay the costs to assist persons to connect to the public water or sewer system.

      2.  An ordinance adopted by a board of county commissioners pursuant to paragraph (a) of subsection 1 must include, without limitation, a finding of the board that the creation of a program to provide financial assistance to persons to connect to a public water or sewer system furthers a legitimate public purpose.

      3.  If a board of county commissioners establishes a program to provide financial assistance pursuant to subsection 1, the board:

      (a) Must establish a plan for the management and protection of the groundwater in the water basin to which the program to provide financial assistance applies. Such a plan must include, without limitation, provisions for the sustainable management of municipal wells that are owned by the county in the water basin.

      (b) Except as otherwise provided in subsection 4, may set forth conditions or limitations on any financial assistance provided pursuant to the program.

      4.  Financial assistance provided pursuant to a program established pursuant to subsection 1:

      (a) May be in the form of grants, gifts or loans, or any combination thereof.

      (b) May only be used to pay the necessary and actual expenses to:

 


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ê2009 Statutes of Nevada, Page 1429 (Chapter 325, AB 54)ê

 

            (1) Disconnect from a private water or sewer system;

            (2) Eliminate a private water or sewer system; and

            (3) Connect to the public water or sewer system.

      5.  A board may not establish a program to provide financial assistance pursuant to subsection 1 unless the board finds that establishing such a program is necessary to provide the public with a safe and reliable water and sewer system.

      6.  The requirements of NRS 244.3655 do not apply to actions taken by a board of county commissioners pursuant to this section.

      7.  Nothing in this section shall be so construed as to require:

      (a) A board of county commissioners to provide financial assistance to any property owner pursuant to this section; or

      (b) A property owner to apply for or accept financial assistance pursuant to a program of financial assistance established pursuant to this program.

      8.  As used in this section:

      (a) “Private water or sewer system” means an on-site:

            (1) Domestic well, and any facility or facilities related thereto, that provides potable water; or

            (2) Sewage or septic system, and any facility or facilities related thereto, that serves a residential dwelling unit for the disposal, collection, storage or treatment of sewage.

      (b) “Public water or sewer system” means a facility or facilities for the collection, pumping, treatment, storage or conveyance of potable water or sewage and includes, without limitation, mains, conduits, aqueducts, pipes, pipelines, ditches, canals, pumping stations, and all appurtenances, equipment and machinery necessary or useful and convenient for obtaining, storing, transporting or transferring water or sewage.

      Sec. 3.  1.  Except as otherwise provided in this section, a board of county commissioners of a county whose population is 100,000 or more but less than 400,000 may:

      (a) Establish by ordinance a program to provide financial assistance to owners of public and private property in areas that are likely to be flooded in order to make such property resistant to flood damage.

      (b) Accept gifts, grants and other sources of money to pay the costs associated with a program established pursuant to paragraph (a).

      (c) Pay costs associated with a program established pursuant to paragraph (a) through the use of:

            (1) Revenue and bond proceeds derived from a flood management project, except that no bond proceeds may be used to provide any loans pursuant to the program.

            (2) Funds from the infrastructure fund of the county.

            (3) Gifts, grants and other sources of money available to the board of county commissioners.

      2.  An ordinance adopted by a board of county commissioners pursuant to paragraph (a) of subsection 1:

      (a) Must include, without limitation, a finding of the board that the creation of a program to provide financial assistance to owners of public and private property in areas that are likely to be flooded is necessary to promote and protect the public health, safety and welfare.

 


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ê2009 Statutes of Nevada, Page 1430 (Chapter 325, AB 54)ê

 

      (b) May include a provision that the award of financial assistance is subject to any limitation or condition that the board determines is necessary.

      3.  Financial assistance provided pursuant to a program established pursuant to subsection 1:

      (a) May be in the form of grants or loans, or any combination thereof.

      (b) May only be used to pay the actual and necessary costs to make private or public property resistant to flood damage, including, without limitation, flood-proofing the property, erecting barriers, elevating foundations of buildings, structures or improvements, and relocating buildings, structures or improvements to areas that are not likely to be flooded.

      (c) May not be awarded:

            (1) To protect any building, structure or improvement unless the building, structure or improvement exists or construction has begun on the building, structure or improvement on or before July 1, 2009.

            (2) To relocate any building, structure or improvement to property that is also in an area likely to be flooded.

            (3) Unless the property owner:

                  (I) Submits an application for financial assistance on or before June 30, 2019.

                  (II) Has not received and agrees not to apply for any further financial assistance to make his property resistant to flood damage from a tourism improvement district established pursuant to NRS 271A.070, a tax increment area created pursuant to NRS 278C.155, a redevelopment area established pursuant to NRS 279.426, a program for the rehabilitation of residential neighborhoods established pursuant to NRS 279A.030 or a program for the rehabilitation of abandoned residential properties established pursuant to NRS 279B.030.

                  (III) Satisfies any conditions adopted by the board of county commissioners.

      4.  The board of county commissioners may delegate its authority to administer a program of financial assistance established pursuant to this section to a flood management authority.

      5.  The board of county commissioners or, if the board has delegated its authority to administer a program of financial assistance pursuant to subsection 4, a flood management authority may bring an action against the property owner for the collection of any delinquent payments, charges, fees, interest or penalties related to any loan provided pursuant to a program established pursuant to this section.

      6.  Nothing in this section shall be so construed as to require:

      (a) A board of county commissioners to provide financial assistance to any property owner pursuant to this section; or

      (b) A property owner to apply for or accept financial assistance pursuant to a program of financial assistance established pursuant to this program.

      7.  As used in this section:

      (a) “Drainage and flood control project” has the meaning ascribed to it in NRS 244A.027.

      (b) “Flood management authority” means any entity that is created by cooperative agreement pursuant to chapter 277 of NRS, the functions of which include the acquisition, construction, improvement, operation and maintenance of a flood management project.

 


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ê2009 Statutes of Nevada, Page 1431 (Chapter 325, AB 54)ê

 

which include the acquisition, construction, improvement, operation and maintenance of a flood management project.

      (c) “Flood management project,” or any phrase of similar import, means a project or improvement that is located within or without a county whose population is 100,000 or more but less than 400,000 and is established for the control or management of any flood or storm waters of the county or any flood or storm waters of a stream of which the source is located outside of the county. The term includes, without limitation:

            (1) A drainage and flood control project;

            (2) A project to construct, repair or restore an ecosystem;

            (3) A project to mitigate any adverse effect of flooding or flood management activity or improvement;

            (4) A project to conserve any flood or storm waters for any beneficial and useful purpose by spreading, storing, reusing or retaining those waters or causing those waters to percolate into the ground to improve water quality;

            (5) A project that alters or diverts or proposes to alter or divert a natural watercourse, including any improvement for the passage of fish;

            (6) A park project that is related to a flood management project;

            (7) Any landscaping or similar amenity that is constructed:

                  (I) To increase the usefulness of a flood management project to any community or to provide aesthetic compatibility with any surrounding community; or

                  (II) To mitigate any adverse effect on the environment relating to a flood management project;

            (8) A project to relocate or replace a utility, transmission line, conduit, bridge or similar feature or structure that exacerbates any flooding or is located in an area that is susceptible to flooding;

            (9) A project to protect and manage a floodplain;

            (10) A project that is designed to improve the quality of any flood or storm waters or the operation of any flood management system, including, without limitation, any monitoring, measurement or assessment of that system; and

            (11) Any real property or interest in real property that is acquired to support the carrying out of a flood management project, including, without limitation, any property that may become flooded because of any improvement for flood management, or any combination thereof and any other structure, fixture, equipment or property required for a flood management project.

      Sec. 4.  NRS 244.36605 is hereby amended to read as follows:

      244.36605  1.  In a county whose population is 100,000 or more but less than 400,000, if the county provides financial assistance through a program established pursuant to section 2 or 3 of this act, the board of county commissioners may elect by ordinance to have delinquent repayments of loans, including, without limitation, charges, fees, interest and penalties, collected on the tax roll, or collected with the property taxes due on mobile or manufactured homes that do not meet the requirements of NRS 361.244, in the same manner, by the same persons, and at the same time as, together with and not separately from, the county’s general taxes. If the board makes such an election, the board shall cause:

 


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ê2009 Statutes of Nevada, Page 1432 (Chapter 325, AB 54)ê

 

      (a) A description of each lot or parcel of real property or each mobile or manufactured home with respect to which the charges are delinquent on May 1; and

      (b) The amount of the delinquent charges,

Ê to be prepared and submitted to the tax receiver of the county, in a form approved by the tax receiver, not later than June 1.

      2.  In a county whose population is less than 400,000:

      [1.] (a) The board of county commissioners of a county which provides sewerage, storm drainage or water service, or any combination of those services, may elect by ordinance to have delinquent charges for any or all of those services collected on the tax roll, or collected with the property taxes due on mobile or manufactured homes that do not meet the requirements of NRS 361.244, in the same manner, by the same persons, and at the same time as, together with and not separately from, the county’s general taxes. If the board makes such an election, the board shall cause:

      [(a)] (1) A description of each lot or parcel of real property or each mobile or manufactured home with respect to which the charges are delinquent on May 1; and

      [(b)] (2) The amount of the delinquent charges,

Ê to be prepared and submitted to the tax receiver of the county, in a form approved by the tax receiver, no later than June 1.

      [2.] (b) The powers authorized by this section are alternative to all other powers of the county for the collection of such delinquent charges [.

      3.] or repayments.

      (c) The real property may be described by reference to maps prepared by and on file in the office of the county assessor or by descriptions used by him.

      [4.] (d) The amount of any such delinquent charge or repayment constitutes a lien against the lot or parcel of land or mobile or manufactured home against which the charge has been imposed as of the time when the lien of taxes on the roll or on mobile or manufactured homes attach.

      [5.] (e) Except as otherwise provided in [subsection 7,] paragraph (g), the tax receiver of the county shall include the amount of the delinquent charges or repayments on bills for taxes levied against the respective lots and parcels of land or mobile or manufactured homes, as applicable. Thereafter the amount of the delinquent charges or repayments must be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the county.

      [6.] (f) All laws applicable to the levy, collection and enforcement of general taxes of the county, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund, redemption and sale, are applicable to delinquent charges [for services] or repayments that are collected in the manner authorized by this section.

      [7.] (g) The tax receiver of the county may issue separate bills for delinquent charges or repayments that are collected in the manner authorized by this section and separate receipts for collection on account of those charges.

      Sec. 5.  NRS 377B.160 is hereby amended to read as follows:

      377B.160  The money in the infrastructure fund, including interest and any other income from the fund:

      1.  In a county whose population is 400,000 or more, must only be expended by the water authority, distributed by the water authority to its members, distributed by the water authority pursuant to NRS 377B.170 to a city or town located in the county whose territory is not within the boundaries of the area served by the water authority or to a public entity in the county which provides water or wastewater services and which is not a member of the water authority or, if no water authority exists in the county, expended by the board of county commissioners for:

 


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ê2009 Statutes of Nevada, Page 1433 (Chapter 325, AB 54)ê

 

members, distributed by the water authority pursuant to NRS 377B.170 to a city or town located in the county whose territory is not within the boundaries of the area served by the water authority or to a public entity in the county which provides water or wastewater services and which is not a member of the water authority or, if no water authority exists in the county, expended by the board of county commissioners for:

      (a) The acquisition, establishment, construction, improvement or equipping of water and wastewater facilities;

      (b) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects described in paragraph (a); or

      (c) Any combination of those purposes.

Ê The board of county commissioners may only expend money from the infrastructure fund pursuant to this subsection in the manner set forth in the plan adopted pursuant to subsection 6 of NRS 377B.100.

      2.  In a county whose population is 100,000 or more but less than 400,000, must only be expended by the board of county commissioners in the manner set forth in the plan adopted pursuant to subsection 6 of NRS 377B.100 for:

      (a) The acquisition, establishment, construction or expansion of:

            (1) Projects for the management of floodplains or the prevention of floods; or

            (2) Facilities relating to public safety;

      (b) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects described in paragraph (a);

      (c) The ongoing expenses of operation and maintenance of projects described in subparagraph (1) of paragraph (a), if such projects were included in a plan adopted by the board of county commissioners pursuant to subsection 6 of NRS 377B.100 before January 1, 2003; [or]

      (d) Any program to provide financial assistance to owners of public and private property in areas likely to be flooded in order to make such property resistant to flood damage that is established pursuant to section 3 of this act; or

      (e) Any combination of those purposes.

      3.  In a county whose population is less than 100,000, must only be expended by the board of county commissioners in the manner set forth in the plan adopted pursuant to subsection 6 of NRS 377B.100 for:

      (a) The acquisition, establishment, construction, improvement or equipping of:

            (1) Water facilities; or

            (2) Wastewater facilities;

      (b) The acquisition, establishment, construction, operation, maintenance or expansion of:

            (1) Projects for the management of floodplains or the prevention of floods; or

            (2) Facilities for the disposal of solid waste;

      (c) The construction or renovation of facilities for schools;

      (d) The construction or renovation of facilities having cultural or historical value;

      (e) Projects described in subsection 2 of NRS 373.028;

 


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ê2009 Statutes of Nevada, Page 1434 (Chapter 325, AB 54)ê

 

      (f) The acquisition, establishment, construction, expansion, improvement or equipping of facilities relating to public safety or to cultural and recreational or judicial functions;

      (g) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects, facilities and activities described in paragraphs (a) to (f), inclusive; or

      (h) Any combination of those purposes.

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

________

 

CHAPTER 326, AB 102

Assembly Bill No. 102–Committee on Health and Human Services

 

CHAPTER 326

 

AN ACT relating to public health; authorizing a court to establish a program of treatment for problem gambling and to assign a person to the program; authorizing a problem gambler to elect to be assigned to such a program under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes a court to assign a person who commits certain crimes to an appropriate program of treatment for the abuse of alcohol or drugs established by the court or to an appropriate facility for the treatment of abuse of alcohol or drugs which is certified by the Health Division of the Department of Health and Human Services. (NRS 453.580) Section 6 of this bill authorizes a court to establish a program for the treatment of problem gambling. Existing law creates the Advisory Committee on Problem Gambling and provides a grant of money or a contract for services to certain programs for the prevention and treatment of problem gambling. (Chapter 458A of NRS) Sections 7-12 of this bill provide that a problem gambler who has been convicted of certain crimes and who committed the crime in furtherance or as a result of problem gambling is eligible to be assigned by a court to a program of treatment and provide eligibility requirements and conditions that must be completed for such treatment. The conditions upon the election of treatment must include an agreement to pay restitution to the victim of the crime.

      Existing law allows a court to seal the records related to a dismissal or acquittal of criminal charges. (NRS 179.255) Section 14 of this bill allows a court to seal records relating to the setting aside of a conviction if the person satisfactorily completed a program for treatment of problem gambling and satisfied the conditions upon the election of that treatment. The sealing of these records is subject to the same procedures, and has the same effect, as the sealing of records related to a dismissal or acquittal of criminal charges. (NRS 179.255, 179.265-179.301)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 458A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Secs. 2 and 3.  (Deleted by amendment.)

      Sec. 4.  “Problem gambler” means a person who suffers from problem gambling.

 


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ê2009 Statutes of Nevada, Page 1435 (Chapter 326, AB 102)ê

 

      Sec. 5.  “Problem gambling” has the meaning ascribed to it in NRS 641C.110.

      Sec. 5.5.  1.  “Qualified mental health professional” means any of the following persons:

      (a) A person who is certified as a problem gambling counselor pursuant to the provisions of chapter 641C of NRS.

      (b) A person who is certified as a problem gambling counselor intern pursuant to the provisions of chapter 641C of NRS.

      (c) A physician who is licensed pursuant to the provisions of chapter 630 or 633 of NRS.

      (d) A nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is authorized by the State Board of Nursing to engage in the practice of counseling problem gamblers.

      (e) A psychologist who is licensed pursuant to the provisions of chapter 641 of NRS or a psychological assistant who is registered with the Board of Psychological Examiners pursuant to the provisions of chapter 641 of NRS and the regulations adopted pursuant thereto.

      (f) A clinical professional counselor or clinical professional counselor intern who is licensed pursuant to chapter 641A of NRS.

      (g) A marriage and family therapist or marriage and family therapist intern who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors to engage in the practice of counseling problem gamblers.

      (h) A person who is licensed as a clinical social worker pursuant to the provisions of chapter 641B of NRS and is authorized by the Board of Examiners for Social Workers to engage in the practice of counseling problem gamblers.

      2.  As used in this section, “practice of counseling problem gamblers” has the meaning ascribed to it in NRS 641C.105.

      Sec. 5.7.  “Restitution” means the total amount of money owed to a victim of a crime to compensate the victim for all losses suffered as a result of the crime and any statutory fees and costs associated with the collection of that amount of money.

      Sec. 6.  1.  A court may establish a program for the treatment of problem gambling to which it may assign a person pursuant to section 7 of this act. The assignment must:

      (a) Include the terms and conditions for successful completion of the program;

      (b) Require that the person assigned to the program agree to pay restitution as a condition upon the election of treatment; and

      (c) Provide for progress reports at intervals set by the court to ensure that the person is making satisfactory progress toward completion of the program.

      2.  A program established pursuant to this section must be administered by a qualified mental health professional and must include, without limitation:

      (a) Information and encouragement for the participant to cease problem gambling through educational, counseling and support sessions;

      (b) The opportunity for the participant to understand the medical, psychological, social and financial implications of problem gambling; and

 


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ê2009 Statutes of Nevada, Page 1436 (Chapter 326, AB 102)ê

 

      (c) Appropriate referral to community, health, substance abuse, religious and social service agencies for additional resources and related services, as needed.

      3.  Before the court assigns a person to a program for the treatment of problem gambling, the person must agree to pay the cost of the program to which he is assigned, to the extent of his financial resources. If the person does not have the financial resources to pay all the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a program that receives a sufficient amount of federal or state funding to offset the remainder of the costs.

      Sec. 7.  Subject to the provisions of sections 2 to 12, inclusive, of this act, a problem gambler who has been convicted of a crime and who committed the crime in furtherance or as a result of problem gambling is eligible to elect to be assigned by the court to a program for the treatment of problem gambling before he is sentenced unless:

      1.  The crime is:

      (a) A crime against the person punishable as a felony or gross misdemeanor as provided in chapter 200 of NRS;

      (b) A crime against a child as defined in NRS 179D.0357;

      (c) A sexual offense as defined in NRS 179D.097; or

      (d) An act which constitutes domestic violence as set forth in NRS 33.018;

      2.  The problem gambler has a record of two or more convictions of a crime described in subsection 1 or a similar crime in violation of the laws of another state, or of three or more convictions of any felony;

      3.  Other criminal proceedings alleging commission of a felony are pending against the problem gambler;

      4.  The problem gambler is on probation or parole, except that the problem gambler is eligible to make the election if the appropriate probation or parole authority consents to the election or the court finds that the problem gambler is eligible to make the election after considering any objections made by the appropriate probation or parole authority ; or

      5.  The problem gambler has previously been assigned by a court to a program for the treatment of problem gambling, except that the problem gambler is eligible to make the election if the court, in its discretion, finds that the problem gambler is eligible to make such an election.

      Sec. 8.  1.  If the court:

      (a) Has reason to believe that:

            (1) A person who has been convicted of a crime is a problem gambler; and

            (2) The person committed the crime in furtherance or as a result of problem gambling; and

      (b) Finds that he is eligible to make the election as provided in section 7 of this act,

Ê the court shall hold a hearing before it sentences the person to determine whether or not the person committed the crime in furtherance or as a result of problem gambling and whether or not he should receive treatment under the supervision of a qualified mental health professional. The district attorney may present the court with any evidence concerning whether the person committed the crime in furtherance or as a result of problem gambling and the advisability of permitting the person to make the election.

 


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      2.  At the hearing, the court shall advise the person that sentencing will be postponed if he elects to submit to treatment and is accepted into a program for the treatment of problem gambling. In offering the election, the court shall advise him that:

      (a) The court may impose any conditions upon the election of treatment that could be imposed as conditions of probation;

      (b) If he elects to submit to treatment and is accepted, he:

            (1) May be placed under the supervision of the qualified mental health professional for a period of not less than 1 year and not more than 3 years; and

            (2) Must agree to pay restitution as a condition upon the election of treatment;

      (c) During treatment, he may be confined in an institution or, at the discretion of the qualified mental health professional, released for treatment or supervised care in the community;

      (d) If he satisfactorily completes treatment and satisfies the conditions upon the election of treatment, as determined by the court, the conviction will be set aside, but if he does not satisfactorily complete treatment and satisfy the conditions, he may be sentenced and the sentence executed; and

      (e) If his conviction is set aside pursuant to section 10 of this act, he may, at any time after the conviction is set aside, file a petition pursuant to NRS 179.255 for the sealing of all records relating to the setting aside of the conviction.

      Sec. 9.  1.  If the court, after a hearing, determines that a person is entitled to accept the treatment offered pursuant to section 7 of this act, the court shall order a qualified mental health professional to conduct an examination of the person to determine whether he is a problem gambler, whether he committed the crime in furtherance or as a result of problem gambling and whether he is likely to be rehabilitated through treatment. The qualified mental health professional shall report to the court the results of the examination and recommend whether the person should be placed under supervision for treatment.

      2.  If the court, acting on the report or other relevant information, determines that the person is not a problem gambler, did not commit the crime in furtherance or as a result of problem gambling, is not likely to be rehabilitated through treatment or is otherwise not a good candidate for treatment, he may be sentenced and the sentence executed.

      3.  If the court determines that the person is a problem gambler, committed the crime in furtherance or as a result of problem gambling, is likely to be rehabilitated through treatment and is a good candidate for treatment, the court may:

      (a) Impose any conditions upon the election of treatment that may be imposed as conditions of probation;

      (b) Defer sentencing until such time, if any, as sentencing is authorized pursuant to section 10 of this act; and

      (c) Place the person under the supervision of a qualified mental health professional for not less than 1 year and not more than 3 years.

Ê The court may require such progress reports on the treatment of the person as it deems necessary.

 


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ê2009 Statutes of Nevada, Page 1438 (Chapter 326, AB 102)ê

 

      4.  If the court places a person under the supervision of a qualified mental health professional for the purpose of receiving treatment pursuant to sections 2 to 12, inclusive, of this act, the person must agree to pay restitution as a condition upon the election of treatment.

      5.  A person who is placed under the supervision of a qualified mental health professional shall pay the cost of the program of treatment to which he is assigned and the cost of any additional supervision that may be required, to the extent of his financial resources. The court may issue a judgment in favor of the court or the qualified mental health professional for the costs of the treatment and supervision which remain unpaid at the conclusion of the treatment. The judgment constitutes a lien in like manner as a judgment for money rendered in a civil action, but in no event may the amount of the judgment include any amount of the debt which was extinguished by the successful completion of community service pursuant to subsection 6.

      6.  If the person who is placed under the supervision of a qualified mental health professional does not have the financial resources to pay all of the related costs:

      (a) The court shall, to the extent practicable, arrange for the person to be assigned to a program that receives a sufficient amount of federal or state funding to offset the remainder of the costs; and

      (b) The court may order the person to perform supervised community service in lieu of paying the remainder of the costs relating to his treatment and supervision. The community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of this State or a charitable organization that renders service to the community or its residents. The court may require the person to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the person performs the community service, unless, if the insurance is industrial insurance, it is provided by the authority for which he performs the community service.

      7.  No person may be placed under the supervision of a qualified mental health professional pursuant to this section unless the qualified mental health professional accepts him for treatment.

      Sec. 10.  1.  Whenever a person is placed under the supervision of a qualified mental health professional, his sentencing must be deferred and, except as otherwise provided in subsection 4, his conviction must be set aside if the qualified mental health professional certifies to the court that he has satisfactorily completed the program of treatment and the court approves the certification and determines that the conditions upon the election of treatment have been satisfied.

      2.  If, upon the expiration of the treatment period, the qualified mental health professional has not certified that the person has completed his program of treatment, the court shall sentence him. If he has satisfied the conditions upon the election of treatment and the court believes that he will complete his treatment voluntarily, the court may set the conviction aside.

      3.  If, before the treatment period expires, the qualified mental health professional determines that the person is not likely to benefit from further treatment, the qualified mental health professional shall so advise the court. The court shall then:

 


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ê2009 Statutes of Nevada, Page 1439 (Chapter 326, AB 102)ê

 

      (a) Arrange for the transfer of the person to a more suitable program, if any; or

      (b) Terminate the supervision and conduct a hearing to determine whether the person should be sentenced.

Ê If a person is sentenced pursuant to this section, any time spent in institutional care must be deducted from any sentence imposed.

      4.  Regardless of whether the person successfully completes treatment, the court shall not set aside the conviction of a person who has a record of two or more convictions of any felony for two or more separate incidents.

      Sec. 11.  1.  The determination of problem gambling and civil commitment pursuant to sections 2 to 12, inclusive, of this act shall not be deemed a criminal conviction.

      2.  The records relating to the setting aside of a conviction pursuant to section 10 of this act may be sealed pursuant to NRS 179.255.

      Sec. 12.  The provisions of sections 2 to 12, inclusive, of this act do not require this State or any of its political subdivisions to establish or finance any program for the treatment of problem gambling.

      Sec. 13.  NRS 458A.010 is hereby amended to read as follows:

      458A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 458A.020 to 458A.050, inclusive, and sections 2 to 5.7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 14.  NRS 179.255 is hereby amended to read as follows:

      179.255  1.  If a person has been arrested for alleged criminal conduct and the charges are dismissed or such person is acquitted of the charges, the person may petition:

      (a) The court in which the charges were dismissed, at any time after the date the charges were dismissed; or

      (b) The court in which the acquittal was entered, at any time after the date of the acquittal,

Ê for the sealing of all records relating to the arrest and the proceedings leading to the dismissal or acquittal.

      2.  If the conviction of a person is set aside pursuant to section 10 of this act, the person may petition the court that set aside the conviction, at any time after the conviction has been set aside, for the sealing of all records relating to the setting aside of the conviction.

      3.  A petition filed pursuant to [this section] subsection 1 or 2 must:

      (a) Be accompanied by a current, verified record of the criminal history of the petitioner received from the local law enforcement agency of the city or county in which the petitioner appeared in court;

      (b) Include a list of any other public or private agency, company, official and other custodian of records that is reasonably known to the petitioner to have possession of records of the arrest and of the proceedings leading to the dismissal or acquittal and to whom the order to seal records, if issued, will be directed; and

      (c) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed.

      [3.] 4.  Upon receiving a petition pursuant to [this section,] subsection 1, the court shall notify the law enforcement agency that arrested the petitioner for the crime and:

 


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ê2009 Statutes of Nevada, Page 1440 (Chapter 326, AB 102)ê

 

      (a) If the charges were dismissed or the acquittal was entered in a district court or [Justice Court,] justice court, the prosecuting attorney for the county; or

      (b) If the charges were dismissed or the acquittal was entered in a municipal court, the prosecuting attorney for the city.

Ê The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

      [4.] 5.  Upon receiving a petition pursuant to subsection 2, the court shall notify:

      (a) If the conviction was set aside in a district court or justice court, the prosecuting attorney for the county; or

      (b) If the conviction was set aside in a municipal court, the prosecuting attorney for the city.

Ê The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

      6.  If, after the hearing on a petition submitted pursuant to subsection 1, the court finds that there has been an acquittal or that the charges were dismissed and there is no evidence that further action will be brought against the person, the court may order sealed all records of the arrest and of the proceedings leading to the acquittal or dismissal which are in the custody of the court, of another court in the State of Nevada or of a public or private company, agency or official in the State of Nevada.

      7.  If, after the hearing on a petition submitted pursuant to subsection 2, the court finds that the conviction of the petitioner was set aside pursuant to section 10 of this act, the court may order sealed all records relating to the setting aside of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private company, agency or official in the State of Nevada.

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ê2009 Statutes of Nevada, Page 1441ê

 

CHAPTER 327, AB 111

Assembly Bill No. 111–Committee on Health and Human Services

 

CHAPTER 327

 

AN ACT relating to public health; prohibiting certain residential facilities for groups and homes for individual residential care from providing accommodations to certain persons; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires certain residential facilities for groups and homes for individual residential care to obtain a license to operate such facilities and homes. (NRS 449.030)

      Section 5 of this bill prohibits a residential facility for groups which is authorized to have 10 or fewer beds or a home for individual residential care from providing accommodations to a person who does not meet the requirements for admission unless that person is related to a resident of the facility or home within the third degree of consanguinity.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-4.  (Deleted by amendment.)

      Sec. 5.  Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a residential facility for groups which is authorized to have 10 or fewer beds or a home for individual residential care shall not provide accommodations for a person who does not meet the requirements for admission to the facility or home.

      2.  A residential facility for groups which is authorized to have 10 or fewer beds or a home for individual residential care may provide accommodations for a person who is related within the third degree of consanguinity to a resident of the facility or home regardless of whether the person meets the requirements for admission to the facility or home.

      Sec. 6.  (Deleted by amendment.)

      Sec. 7.  NRS 449.037 is hereby amended to read as follows:

      449.037  1.  The Board shall adopt:

      (a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.001 to 449.240, inclusive, and section 5 of this act and for programs of hospice care.

      (b) Regulations governing the licensing of such facilities and programs.

      (c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.

      (d) Regulations establishing a procedure for the indemnification by the Health Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.

 


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ê2009 Statutes of Nevada, Page 1442 (Chapter 327, AB 111)ê

 

      (e) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.001 to 449.240, inclusive [.] , and section 5 of this act.

      2.  The Board shall adopt separate regulations governing the licensing and operation of:

      (a) Facilities for the care of adults during the day; and

      (b) Residential facilities for groups,

Ê which provide care to persons with Alzheimer’s disease.

      3.  The Board shall adopt separate regulations for:

      (a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.

      (b) The licensure of facilities for refractive surgery which take into consideration the unique factors of operating such a facility.

      (c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.

      4.  The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.

      5.  The Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.

      6.  The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:

      (a) The ultimate user’s physical and mental condition is stable and is following a predictable course.

      (b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.

      (c) A written plan of care by a physician or registered nurse has been established that:

            (1) Addresses possession and assistance in the administration of the medication; and

            (2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.

      (d) The prescribed medication is not administered by injection or intravenously.

      (e) The employee has successfully completed training and examination approved by the Health Division regarding the authorized manner of assistance.

      7.  The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides “assisted living services” unless:

      (a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the resident’s stay at the facility.

 


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ê2009 Statutes of Nevada, Page 1443 (Chapter 327, AB 111)ê

 

personalized care will be available to the person and the amount that will be charged for those services throughout the resident’s stay at the facility.

      (b) The residents of the facility reside in their own living units which:

            (1) Except as otherwise provided in subsection 8, contain toilet facilities;

            (2) Contain a sleeping area or bedroom; and

            (3) Are shared with another occupant only upon consent of both occupants.

      (c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:

            (1) The facility is designed to create a residential environment that actively supports and promotes each resident’s quality of life and right to privacy;

            (2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the resident’s individual needs;

            (3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and his personal choice of lifestyle;

            (4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each resident’s need for autonomy and the right to make decisions regarding his own life;

            (5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;

            (6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and

            (7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.

      8.  The Health Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling [,] if the Health Division finds that:

      (a) Strict application of that requirement would result in economic hardship to the facility requesting the exception; and

      (b) The exception, if granted, would not:

            (1) Cause substantial detriment to the health or welfare of any resident of the facility;

            (2) Result in more than two residents sharing a toilet facility; or

            (3) Otherwise impair substantially the purpose of that requirement.

      9.  The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:

      (a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;

      (b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;

 


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ê2009 Statutes of Nevada, Page 1444 (Chapter 327, AB 111)ê

 

      (c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and

      (d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.

      10.  The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:

      (a) Facilities that only provide a housing and living environment;

      (b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and

      (c) Facilities that provide or arrange for the provision of alcohol and drug abuse programs, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.

Ê The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.

      11.  As used in this section, “living unit” means an individual private accommodation designated for a resident within the facility.

      Sec. 8.  NRS 449.140 is hereby amended to read as follows:

      449.140  1.  Money received from licensing medical facilities and facilities for the dependent must be forwarded to the State Treasurer for deposit in the State General Fund.

      2.  The Health Division shall enforce the provisions of NRS 449.001 to 449.245, inclusive, and section 5 of this act and may incur any necessary expenses not in excess of money appropriated for that purpose by the State or received from the Federal Government.

      Sec. 9.  NRS 449.160 is hereby amended to read as follows:

      449.160  1.  The Health Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.001 to 449.240, inclusive, and section 5 of this act upon any of the following grounds:

      (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.001 to 449.245, inclusive, and section 5 of this act or of any other law of this State or of the standards, rules and regulations adopted thereunder.

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

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

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

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

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

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

 


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ê2009 Statutes of Nevada, Page 1445 (Chapter 327, AB 111)ê

 

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

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

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

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

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

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

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

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

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

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

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

      Sec. 10.  NRS 449.163 is hereby amended to read as follows:

      449.163  1.  If a medical facility or facility for the dependent violates any provision related to its licensure, including any provision of NRS 439B.410 [,] or 449.001 to 449.240, inclusive, and section 5 of this act, or any condition, standard or regulation adopted by the Board, the Health Division , in accordance with the regulations adopted pursuant to NRS 449.165 , may:

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

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

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

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

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

            (2) Improvements are made to correct the violation.

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

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

 


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ê2009 Statutes of Nevada, Page 1446 (Chapter 327, AB 111)ê

 

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

      3.  The Health Division may require any facility that violates any provision of NRS 439B.410 [,] or 449.001 to 449.240, inclusive, and section 5 of this act or any condition, standard or regulation adopted by the Board [,] to make any improvements necessary to correct the violation.

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

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

      Sec. 13.  NRS 449.220 is hereby amended to read as follows:

      449.220  1.  The Health Division may bring an action in the name of the State to enjoin any person, state or local government unit or agency thereof from operating or maintaining any facility within the meaning of NRS 449.001 to 449.240, inclusive [:] , and section 5 of this act:

      (a) Without first obtaining a license therefor; or

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

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

      Sec. 14.  NRS 449.230 is hereby amended to read as follows:

      449.230  1.  Any authorized member or employee of the Health Division may enter and inspect any building or premises at any time to secure compliance with or prevent a violation of any provision of NRS 449.001 to 449.245, inclusive [.] , and section 5 of this act.

      2.  The State Fire Marshal or his designee shall, upon receiving a request from the Health Division or a written complaint concerning compliance with the plans and requirements to respond to an emergency adopted pursuant to subsection 9 of NRS 449.037:

      (a) Enter and inspect a residential facility for groups; and

      (b) Make recommendations regarding the adoption of plans and requirements pursuant to subsection 9 of NRS 449.037,

Ê to ensure the safety of the residents of the facility in an emergency.

      3.  The State Health Officer or his designee shall enter and inspect at least annually each building or the premises of a residential facility for groups to ensure compliance with standards for health and sanitation.

      4.  An authorized member or employee of the Health Division shall enter and inspect any building or premises operated by a residential facility for groups within 72 hours after the Health Division is notified that a residential facility for groups is operating without a license.

      Sec. 15.  NRS 449.240 is hereby amended to read as follows:

      449.240  The district attorney of the county in which the facility is located shall, upon application by the Health Division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.001 to 449.245, inclusive [.] , and section 5 of this act.

      Secs. 16 and 17.  (Deleted by amendment.)

      Sec. 18.  NRS 654.190 is hereby amended to read as follows:

      654.190  1.  The Board may, after notice and a hearing as required by law, impose an administrative fine of not more than $5,000 on, recover reasonable investigative fees and costs incurred from, suspend, revoke or place conditions on the license of, and place on probation any nursing facility administrator or administrator of a residential facility for groups who:

 


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ê2009 Statutes of Nevada, Page 1447 (Chapter 327, AB 111)ê

 

place conditions on the license of, and place on probation any nursing facility administrator or administrator of a residential facility for groups who:

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

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

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

      (d) Aids or abets any person in the violation of any of the provisions of NRS 449.001 to 449.240, inclusive, and section 5 of this act as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.

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

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

      2.  The Board shall give a licensee against whom proceedings are brought pursuant to this section written notice of a hearing not less than 10 days before the date of the hearing.

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

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

    Secs. 19-21.  (Deleted by amendment.)

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ê2009 Statutes of Nevada, Page 1448ê

 

CHAPTER 328, AB 144

Assembly Bill No. 144–Assemblymen Hogan, McClain, Koivisto; and Pierce

 

CHAPTER 328

 

AN ACT relating to real property; prohibiting public disclosure of the results of an annual examination of a mortgage broker under certain circumstances; revising provisions relating to appraisals of real property securing a loan in which an investor invests money; revising requirements which relate to the release of certain information on various mortgage brokers regarding ownership and management structure, annual or biennial examinations and other examinations or audits, investigations or hearings; suspending or revoking the license of certain mortgage brokers who receive the lowest possible rating on two consecutive annual or biennial examinations; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires annual or biennial examinations for various mortgage brokers. (NRS 645B.060) Section 1 of this bill prohibits the results of an annual examination from being released to the public until after a period of time set by the Commissioner of Mortgage Lending to determine any objections made by the mortgage broker to the results.

      Existing law provides requirements regarding certain information on mortgage brokers that is to be made available for public inspection. (NRS 645B.090) Section 2 of this bill revises those requirements in regard to mortgage brokers who make or offer for sale in this State any investments in promissory notes secured by liens on real property. The revised requirements relate to information regarding ownership and management structure, annual or biennial examinations, other examinations or audits, investigations or hearings, and standards for withholding other information.

      Existing law prohibits a mortgage broker or mortgage agent from accepting money from an investor to acquire ownership of or a beneficial interest in a loan secured by a lien on real property unless the mortgage broker has first obtained a written appraisal of the real property securing the loan. (NRS 645B.300) Section 2.5 of this bill requires the appraisal to be made not more than 6 months before the mortgage broker’s first solicitation for the loan and the appraisal to meet certain standards. Section 2.5 further requires a mortgage broker to make additional disclosures to an investor if the investor waives the requirement that an appraisal be obtained.

      Existing law provides requirements regarding disciplinary action for certain violations of law relating to the business of a mortgage broker. (NRS 645B.690) Section 3 of this bill revises those requirements in regard to mortgage brokers who make or offer for sale in this State any investments in promissory notes secured by liens on real property. If such a mortgage broker receives the lowest possible rating on two consecutive annual or biennial examinations, the license of that mortgage broker will be suspended or revoked.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 645B.060 is hereby amended to read as follows:

      645B.060  1.  Subject to the administrative control of the Director of the Department of Business and Industry, the Commissioner shall exercise general supervision and control over mortgage brokers and mortgage agents doing business in this State.

 


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ê2009 Statutes of Nevada, Page 1449 (Chapter 328, AB 144)ê

 

      2.  In addition to the other duties imposed upon him by law, the Commissioner shall:

      (a) Adopt regulations:

            (1) Setting forth the requirements for an investor to acquire ownership of or a beneficial interest in a loan secured by a lien on real property. The regulations must include, without limitation, the minimum financial conditions that the investor must comply with before becoming an investor.

            (2) Establishing reasonable limitations and guidelines on loans made by a mortgage broker to a director, officer, mortgage agent or employee of the mortgage broker.

      (b) Adopt any other regulations that are necessary to carry out the provisions of this chapter, except as to loan brokerage fees.

      (c) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner.

      (d) Except as otherwise provided in subsection 4, conduct an annual examination of each mortgage broker doing business in this State. The annual examination must include, without limitation, a formal exit review with the mortgage broker. The Commissioner shall adopt regulations prescribing:

            (1) Standards for determining the rating of each mortgage broker based upon the results of the annual examination; and

            (2) Procedures for resolving any objections made by the mortgage broker to the results of the annual examination. The results of the annual examination may not be opened to public inspection pursuant to NRS 645B.090 until [any objections made by the mortgage broker have been decided by the Commissioner.] after a period of time set by the Commissioner to determine any objections made by the mortgage broker.

      (e) Conduct such other examinations, periodic or special audits, investigations and hearings as may be necessary for the efficient administration of the laws of this State regarding mortgage brokers and mortgage agents. The Commissioner shall adopt regulations specifying the general guidelines that will be followed when a periodic or special audit of a mortgage broker is conducted pursuant to this chapter.

      (f) Classify as confidential certain records and information obtained by the Division when those matters are obtained from a governmental agency upon the express condition that they remain confidential. This paragraph does not limit examination by:

            (1) The Legislative Auditor; or

            (2) The Department of Taxation if necessary to carry out the provisions of chapter 363A of NRS.

      (g) Conduct such examinations and investigations as are necessary to ensure that mortgage brokers and mortgage agents meet the requirements of this chapter for obtaining a license, both at the time of the application for a license and thereafter on a continuing basis.

      3.  For each special audit, investigation or examination, a mortgage broker or mortgage agent shall pay a fee based on the rate established pursuant to NRS 645F.280.

 


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ê2009 Statutes of Nevada, Page 1450 (Chapter 328, AB 144)ê

 

      4.  The Commissioner may conduct [biennial] examinations of a mortgage broker , [instead of annual examinations,] as described in paragraph (d) of subsection 2, on a biennial instead of an annual basis if the mortgage broker:

      (a) Received a rating in the last annual examination that meets a threshold determined by the Commissioner;

      (b) Has not had any adverse change in financial condition since the last annual examination, as shown by financial statements of the mortgage broker;

      (c) Has not had any complaints received by the Division that resulted in any administrative action by the Division; and

      (d) Does not maintain any trust accounts pursuant to NRS 645B.170 or 645B.175 or arrange loans funded by private investors.

      Sec. 2.  NRS 645B.090 is hereby amended to read as follows:

      645B.090  1.  Except as otherwise provided in this section or by specific statute, all papers, documents, reports and other written instruments filed with the Commissioner pursuant to this chapter are open to public inspection.

      2.  Except as otherwise provided in subsection 3, the Commissioner may withhold from public inspection or refuse to disclose to a person, for such time as the Commissioner considers necessary, any information that, in his judgment, would:

      (a) Impede or otherwise interfere with an investigation or examination that is currently pending against a mortgage broker;

      (b) Have an undesirable effect on the welfare of the public [or the welfare of any mortgage broker or mortgage agent; or

      (c) Give any mortgage broker a competitive advantage over any other mortgage broker.] ; or

      (c) Reveal personal information in violation of NRS 239B.030.

      3.  Except as otherwise provided in NRS 645B.092, the Commissioner shall disclose the following information concerning a mortgage broker to any person who requests it:

      (a) The findings and results of any investigation which has been completed during the immediately preceding 5 years against the mortgage broker pursuant to the provisions of this chapter and which has resulted in a finding by the Commissioner that the mortgage broker committed a violation of a provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner; [and]

      (b) The nature of any disciplinary action that has been taken during the immediately preceding 5 years against the mortgage broker pursuant to the provisions of this chapter [.] ; and

      (c) If the mortgage broker makes or offers for sale in this State any investments in promissory notes secured by liens on real property:

            (1) Any information in the possession of the Commissioner regarding the present and past ownership and management structure of the mortgage broker; and

            (2) The findings and results of:

                  (I) All examinations or investigations of the mortgage broker conducted pursuant to NRS 645B.060 during the immediately preceding 5 years, including, without limitation, annual or biennial examinations of the mortgage broker conducted pursuant to NRS 645B.060, including, without limitation, the rating for each annual or biennial examination and an explanation of the standards for determining that rating; and

 


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ê2009 Statutes of Nevada, Page 1451 (Chapter 328, AB 144)ê

 

without limitation, the rating for each annual or biennial examination and an explanation of the standards for determining that rating; and

                  (II) Any other examination or audit, investigation or hearing which has been completed during the immediately preceding 3 years against the mortgage broker pursuant to the provisions of this chapter.

      Sec. 2.5.  NRS 645B.300 is hereby amended to read as follows:

      645B.300  1.  Except as otherwise provided in subsection 4, a mortgage broker or mortgage agent shall not accept money from an investor to acquire ownership of or a beneficial interest in a loan secured by a lien on real property, unless the mortgage broker has obtained a written appraisal of the real property securing the loan.

      2.  The written appraisal of the real property:

      (a) Must be completed not more than 6 months before the mortgage broker’s first solicitation for the loan;

      (b) Must meet the standards set forth in the Uniform Standards of Professional Appraisal Practice as adopted by the Appraisal Standards Board of The Appraisal Foundation;

      (c) Must be performed by an appraiser who is authorized to perform appraisals in this State [;] or in the state where the real property securing the loan is located; and

      [(b)] (d) Must not be performed by the mortgage broker or a mortgage agent, unless the mortgage broker or mortgage agent is certified or licensed to perform such an appraisal pursuant to chapter 645C of NRS.

      3.  A copy of the written appraisal of the real property must be:

      (a) Maintained at each office of the mortgage broker where money is accepted from an investor to acquire ownership of or a beneficial interest in a loan secured by a lien on the real property; and

      (b) Made available during normal business hours for inspection by each such investor and the Commissioner.

      4.  A mortgage broker is not required to obtain a written appraisal of the real property pursuant to this section if the mortgage broker obtains a written waiver of the appraisal from each investor who acquires ownership of or a beneficial interest in a loan secured by a lien on the real property. A mortgage broker or mortgage agent shall not act as the attorney-in-fact or the agent of an investor with respect to the giving of a written waiver pursuant to this subsection.

      5.  If the mortgage broker obtains a written waiver of the appraisal as provided in subsection 4, the mortgage broker shall provide to each investor before he accepts any money from the investor a separate written disclosure which contains the information analyzed, the valuation methods and techniques employed and the reasoning for any opinion regarding value provided by or on behalf of the mortgage broker.

      6.  As used in this section, “appraisal” has the meaning ascribed to it in NRS 645C.030.

      Sec. 3.  NRS 645B.690 is hereby amended to read as follows:

      645B.690  1.  If a person offers or provides any of the services of a mortgage broker or mortgage agent or otherwise engages in, carries on or holds himself out as engaging in or carrying on the business of a mortgage broker or mortgage agent and, at the time:

      (a) The person was required to have a license pursuant to this chapter and the person did not have such a license; or

 


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ê2009 Statutes of Nevada, Page 1452 (Chapter 328, AB 144)ê

 

      (b) The person’s license was suspended or revoked pursuant to this chapter,

Ê the Commissioner shall impose upon the person an administrative fine of not more than $10,000 for each violation and, if the person has a license, the Commissioner shall suspend or revoke it.

      2.  If a mortgage broker violates any provision of subsection 1 of NRS 645B.080 and the mortgage broker fails, without reasonable cause, to remedy the violation within 20 business days after being ordered by the Commissioner to do so or within such later time as prescribed by the Commissioner, or if the Commissioner orders a mortgage broker to provide information, make a report or permit an examination of his books or affairs pursuant to this chapter and the mortgage broker fails, without reasonable cause, to comply with the order within 20 business days or within such later time as prescribed by the Commissioner, the Commissioner shall:

      (a) Impose upon the mortgage broker an administrative fine of not more than $10,000 for each violation;

      (b) Suspend or revoke the license of the mortgage broker; and

      (c) Conduct a hearing to determine whether the mortgage broker is conducting business in an unsafe and injurious manner that may result in danger to the public and whether it is necessary for the Commissioner to take possession of the property of the mortgage broker pursuant to NRS 645B.630.

      3.  If a mortgage broker:

      (a) Makes or offers for sale in this State any investments in promissory notes secured by liens on real property; and

      (b) Receives the lowest possible rating on two consecutive annual or biennial examinations pursuant to NRS 645B.060,

Ê the Commissioner shall suspend or revoke the license of the mortgage broker.

________

 


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ê2009 Statutes of Nevada, Page 1453ê

 

CHAPTER 329, AB 151

Assembly Bill No. 151–Assemblymen Conklin, Buckley, Oceguera, Leslie, Dondero Loop; Aizley, Anderson, Claborn, Denis, Gansert, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Manendo, Mastroluca, McClain, Mortenson, Munford, Pierce, Segerblom, Smith, Spiegel and Stewart

 

Joint Sponsors: Senators Carlton, Parks, Copening, Schneider; Coffin and Woodhouse

 

CHAPTER 329

 

AN ACT relating to mortgage lending; requiring a mortgage broker to include his license number on any loan secured by a lien on real property for which he engages in activity as a mortgage broker; requiring certain financial institutions that offer nontraditional mortgage loan products to make certain disclosures to borrowers with respect to nontraditional mortgage loans; requiring such financial institutions to certify such disclosures to the Commissioner of Financial Institutions; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill requires a mortgage broker to include his license number on each loan secured by a lien on real property for which he engages in activity as a mortgage broker. If a mortgage broker fails to comply with section 1, the Commissioner of Mortgage Lending may impose an administrative fine of not more than $10,000 and may place conditions on the license of the mortgage broker or suspend or revoke the license. (NRS 645B.670) In addition, a mortgage broker who fails to comply with section 1 is guilty of a misdemeanor. (NRS 645B.950)

      Section 2 of this bill requires a financial institution that offers nontraditional mortgage loan products to make certain written disclosures to a borrower with respect to a nontraditional loan secured by a lien on real property. The disclosures must be written in language that is easy to understand and printed in at least 10-point type or font. In addition, section 2 requires the financial institution to certify to the Commissioner of Financial Institutions that the disclosures have been made. Section 2 also authorizes the financial institution to contract with a nonprofit or government-operated consumer credit counseling or housing counseling agency or a nonprofit or government-operated legal services agency to make the required certifications. A financial institution that fails to comply with section 2 is guilty of a misdemeanor. (NRS 668.115)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 645B of NRS is hereby amended by adding thereto a new section to read as follows:

      A mortgage broker shall ensure that each loan secured by a lien on real property for which he engages in activity as a mortgage broker includes the license number of the mortgage broker.

 


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ê2009 Statutes of Nevada, Page 1454 (Chapter 329, AB 151)ê

 

      Sec. 2.  Chapter 658 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A financial institution which is required to be licensed pursuant to the provisions of this title or title 56 of NRS and which offers nontraditional mortgage loan products that are secured by liens on real property shall, with respect to each nontraditional mortgage loan made by the financial institution, disclose to the borrower adequate information concerning the actual costs and risks of the nontraditional mortgage loan product offered.

      2.  The disclosure required by subsection 1 must be written in language that is easy to understand, must be printed in at least 10-point bold type or font and must include, without limitation:

      (a) Information concerning potential increases in monthly payments, including information describing the circumstances under which interest rates or negative amortization could reach the contractual limits;

      (b) Information concerning the maximum monthly payment that the borrower may be required to pay if amortizing payments are required and the interest rate and negative amortization caps are reached;

      (c) Information concerning the circumstances under which structural payment changes will occur, the amount of the new payments and the method of calculating the amount of the new payments;

      (d) Information concerning negative amortization, including information describing the potential for increases in the principal balance and decreases in home equity and any other potential adverse consequences to the borrower resulting from negative amortization;

      (e) If a nontraditional mortgage loan product includes prepayment penalties, information explaining the prepayment penalties and the amount of the penalties;

      (f) If the financial institution offers full-document home loans in addition to low-document home loans, no-document home loans or stated-document home loans, information concerning any pricing premium that attaches to the low-document home loans, no-document home loans or stated-document home loans; and

      (g) For payment option adjustable-rate mortgages, information explaining each payment option available and the effect on the loan balance of each payment option.

      3.  A financial institution required to make a disclosure pursuant to subsection 1 shall, with respect to each nontraditional mortgage loan made by the financial institution, certify to the Commissioner that the financial institution has made the disclosure required by subsection 1. The financial institution may contract with a nonprofit or government-operated consumer credit counseling or housing counseling agency or a nonprofit or government-operated legal services agency which has been operating as such for the immediately preceding 7 years to provide the certification required by this subsection.

      4.  As used in this section:

      (a) “Low-document home loan” has the meaning ascribed to it in NRS 598D.100.

      (b) “No-document home loan” has the meaning ascribed to it in NRS 598D.100.

      (c) “Nonprofit or government-operated consumer credit counseling or housing counseling agency” means:

 


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ê2009 Statutes of Nevada, Page 1455 (Chapter 329, AB 151)ê

 

            (1) A person or organization which is recognized as a charitable organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3), and which is certified by the United States Department of Housing and Urban Development as a Housing Counseling Agency;

            (2) A government agency or government-operated organization which is certified by the United States Department of Housing and Urban Development as a Housing Counseling Agency; or

            (3) A person or organization which is recognized as exempt under section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3), and which:

                  (I) As its primary business, provides specialized personal and group counseling services to a person who is seeking to purchase a home or obtain legal advice regarding a real estate transaction and who is suffering or who may suffer economic hardship because of the extension of credit;

                  (II) Acts as an agent for a person who is suffering or who may suffer economic hardship because of the extension of credit in his efforts to resolve his economic hardships;

                  (III) May receive money or any other thing of value for disbursement to one or more of the creditors of a person who is suffering or who may suffer economic hardship because of the extension of credit; and

                  (IV) If it has a board of directors, has a board of directors with a majority of members who are not employed by the agency or otherwise receive any direct or indirect financial benefit from the provision of any services by the agency.

      (d) “Nonprofit or government-operated legal services agency” means an organization that provides legal services to low-income persons without charge, and:

            (1) Is a government agency or government-operated organization; or

            (2) Is recognized as a charitable organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3).

      (e) “Nontraditional mortgage loan product” has the meaning ascribed to it in NRS 658.190 and also includes an adjustable-rate mortgage, a low-document home loan, a no-document home loan and a stated-document home loan.

      (f) “Stated-document home loan” has the meaning ascribed to it in NRS 598D.100.

      Sec. 3.  1.  The provisions of this act apply only to loans secured by liens on real property and nontraditional mortgage loan products offered on or after the effective date of this act.

      2.  For a loan secured by a lien on real property that is made on or after the effective date of this act but before October 1, 2009, a mortgage broker who does not include his license number on the loan as required by section 1 of this act may, without penalty, cure his failure to comply with section 1 of this act not later than 30 days after the date the loan is made.

      3.  For a nontraditional mortgage loan product offered on or after the effective date of this act but before October 1, 2009, a financial institution that:

 


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ê2009 Statutes of Nevada, Page 1456 (Chapter 329, AB 151)ê

 

      (a) Is subject to the requirements of section 2 of this act; and

      (b) Fails to comply with the provisions of section 2 of this act,

Ê may, without penalty, cure the failure to comply with section 2 of this act not later than 30 days after the date the nontraditional mortgage loan is made.

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

________

 

CHAPTER 330, AB 152

Assembly Bill No. 152–Assemblymen Conklin, Bobzien, Oceguera, Spiegel, McClain; Aizley, Dondero Loop and Mastroluca

 

Joint Sponsor: Senator Parks

 

CHAPTER 330

 

AN ACT relating to mortgage lending; defining the term “loan modification consultant”; requiring certain mortgage lending professionals to be licensed; establishing certain requirements for the provision of services by certain mortgage lending professionals; establishing provisions governing compensation of certain mortgage lending professionals; establishing certain powers of the Commissioner of Mortgage Lending; revising provisions relating to the imposition of certain fees and assessments on certain mortgage lending professionals; revising the definition of “homeowner” as it applies to services performed by certain mortgage lending professionals; revising provisions governing the applicability of requirements regarding foreclosure consultants and loan modification consultants; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Section 2 of this bill defines the term “loan modification consultant.”

      Existing law does not currently require a foreclosure consultant to be licensed. (NRS 645F.300-645F.450) Section 3 of this bill requires the Commissioner of Mortgage Lending to adopt separate regulations for the licensing of a person who performs any of a variety of specified services for compensation, a foreclosure consultant and a loan modification consultant.

      Section 3.1 of this bill requires such persons to execute a written contract with a homeowner before providing certain services for compensation. Section 3.1 also requires the Commissioner to adopt regulations describing the information that must be contained in such a written contract.

      Sections 3.3 and 6.5 of this bill require a person who performs certain services for compensation, a foreclosure consultant and a loan modification consultant to deposit any money received as compensation for the performance of certain services in a trust account. Section 3.3 also requires such persons to maintain certain records regarding such trust accounts and prohibits withdrawals from such trust accounts until the completion of certain services as agreed upon in a written contract for the performance of such services. Section 3.3 further authorizes the Commissioner or his authorized agents to inspect and audit the records associated with the trust accounts.

      Section 3.5 of this bill grants certain additional powers to the Commissioner with regard to the conduct of any examination, periodic or special audit, investigation or hearing.

 


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ê2009 Statutes of Nevada, Page 1457 (Chapter 330, AB 152)ê

 

      Section 3.7 of this bill requires the Commissioner to adopt regulations to establish rates to be paid by a person who performs certain services for compensation, a foreclosure consultant and a loan modification consultant for supervision and examinations by the Commissioner or the Division of Mortgage Lending of the Department of Business and Industry. (NRS 645F.280) Section 3.9 of this bill requires the Commissioner to collect an assessment from such persons for deposit in the Fund for Mortgage Lending. (NRS 645F.290)

      Section 5 of this bill revises the definition of “homeowner” as it applies to services performed by foreclosure consultants by expanding the definition to include any record owner of residence, rather than only the record owner of a residence in foreclosure at the time the notice of the pendency of an action for foreclosure is recorded or the notice of default and election to sell is recorded. (NRS 645F.360)

      Section 6 of this bill provides that an attorney at law is exempt from the provisions governing a person who performs any covered service for compensation, a loan modification consultant, a foreclosure consultant or a foreclosure purchaser unless the services rendered by the attorney are performed in the course and scope of his employment by or other affiliation with a mortgage broker or mortgage agent. (NRS 645F.380)

      Section 6.5 of this bill provides that the violation of certain provisions by such persons shall be deemed to constitute mortgage lending fraud, as that term is described in NRS 205.372. (NRS 645F.400)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 645F of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 3.5, inclusive, of this act.

      Sec. 2.  “Loan modification consultant” means a person who, directly or indirectly, makes any solicitation, representation or offer to a homeowner to perform for compensation, or who, for compensation, performs any act that the person represents will adjust the terms of a mortgage loan in a manner not provided for in the original or previously modified mortgage loan. Such an adjustment includes, without limitation:

      1.  A change in the payment amount;

      2.  A change in the loan amount;

      3.  A loan forbearance;

      4.  A change in the loan maturity; and

      5.  A change in the interest rate.

      Sec. 3.  1.  The Commissioner shall adopt separate regulations for the licensing of:

      (a) A person who performs any covered service for compensation;

      (b) A foreclosure consultant; and

      (c) A loan modification consultant.

      2.  The regulations must prescribe, without limitation:

      (a) The method and form of application for a license;

      (b) The method and form of the issuance, denial or renewal of a license;

      (c) The grounds and procedures for the revocation, suspension or nonrenewal of a license; and

      (d) The imposition of reasonable fees for application and licensure.

      Sec. 3.1.  1.  A person who performs any covered service for compensation, a foreclosure consultant and a loan modification consultant shall execute a written contract with a homeowner before providing any covered service.

 


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ê2009 Statutes of Nevada, Page 1458 (Chapter 330, AB 152)ê

 

      2.  The Commissioner shall adopt regulations describing the information that must be contained in a written contract for covered services.

      Sec. 3.3.  1.  All money paid to a person who performs any covered service for compensation, a foreclosure consultant or a loan modification consultant by a person in full or partial payment of covered services to be performed:

      (a) Must be deposited in a separate checking account located in a federally insured depository financial institution or credit union in this State which must be designated a trust account;

      (b) Must be kept separate from money belonging to the person who performs any covered service for compensation, the foreclosure consultant or the loan modification consultant; and

      (c) Must not be withdrawn by the person who performs any covered service for compensation, foreclosure consultant or loan modification consultant until the completion of every covered service as agreed upon in the contract for covered services.

      2.  The person who performs any covered service for compensation, the foreclosure consultant or the loan modification consultant shall keep records of all money deposited in a trust account pursuant to subsection 1. The records must clearly indicate the date and from whom he received money, the date deposited, the dates of withdrawals, and other pertinent information concerning the transaction, and must show clearly for whose account the money is deposited and to whom the money belongs. The person who performs any covered service for compensation, the foreclosure consultant or the loan modification consultant shall balance each separate trust account at least monthly and provide to the Commissioner, on a form provided by the Commissioner, an annual accounting which shows an annual reconciliation of each separate trust account. All such records and money are subject to inspection and audit by the Commissioner and his authorized representatives.

      3.  Each person who performs any covered service for compensation, each foreclosure consultant and each loan modification consultant shall notify the Commissioner of the names of the banks and credit unions in which he maintains trust accounts and specify the names of the accounts on forms provided by the Commissioner.

      4.  As used in this section, “completion of every covered service” means:

      (a) Successful results with respect to what the performance of each covered service was intended to yield for the homeowner, as described in the contract for covered services; or

      (b) If the performance of one or more covered service has an unsuccessful result with respect to what the performance of that covered service was intended to yield for the homeowner, a showing that every reasonable effort was made, under the particular circumstances, to obtain successful results,

Ê as verified in a written statement provided to the homeowner.

      Sec. 3.5.  1.  In the conduct of any examination, periodic or special audit, investigation or hearing, the Commissioner may:

      (a) Compel the attendance of any person by subpoena.

      (b) Administer oaths.

 


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ê2009 Statutes of Nevada, Page 1459 (Chapter 330, AB 152)ê

 

      (c) Examine any person under oath concerning the business and conduct of affairs of any person subject to the provisions of this chapter and in connection therewith require the production of any books, records or papers relevant to the inquiry.

      2.  Any person subpoenaed under the provisions of this section who willfully refuses or willfully neglects to appear at the time and place named in the subpoena or to produce books, records or papers required by the Commissioner, or who refuses to be sworn or answer as a witness, is guilty of a misdemeanor.

      3.  In addition to the authority to recover attorney’s fees and costs pursuant to any other statute, the Commissioner may assess against and collect from a person all costs, including, without limitation, reasonable attorney’s fees, that are attributable to any examination, periodic or special audit, investigation or hearing that is conducted to examine or investigate the conduct, activities or business of the person pursuant to this chapter.

      Sec. 3.7.  NRS 645F.280 is hereby amended to read as follows:

      645F.280  1.  The Commissioner shall establish by regulation rates to be paid by escrow agencies, mortgage agents, mortgage brokers , [and] mortgage bankers , persons who perform any covered service for compensation, foreclosure consultants and loan modification consultants for supervision and examinations by the Commissioner or the Division.

      2.  In establishing a rate pursuant to subsection 1, the Commissioner shall consider:

      (a) The complexity of the various examinations to which the rate applies;

      (b) The skill required to conduct the examinations;

      (c) The expenses associated with conducting the examination and preparing a report; and

      (d) Any other factors the Commissioner deems relevant.

      Sec. 3.9.  NRS 645F.290 is hereby amended to read as follows:

      645F.290  1.  The Commissioner shall collect an assessment pursuant to this section from each:

      (a) Escrow agency that is supervised pursuant to chapter 645A of NRS;

      (b) Mortgage broker that is supervised pursuant to chapter 645B of NRS; [and]

      (c) Mortgage banker that is supervised pursuant to chapter 645E of NRS [.] ; and

      (d) Person who performs any covered service for compensation, each foreclosure consultant and each loan modification consultant that is supervised pursuant to this chapter.

      2.  The Commissioner shall determine the total amount of all assessments to be collected from the entities identified in subsection 1, but that amount must not exceed the amount necessary to recover the cost of legal services provided by the Attorney General to the Commissioner and to the Division. The total amount of all assessments collected must be reduced by any amounts collected by the Commissioner from an entity for the recovery of the costs of legal services provided by the Attorney General in a specific case.

      3.  The Commissioner shall collect from each entity identified in subsection 1 an assessment that is based on:

      (a) An equal basis; or

      (b) Any other reasonable basis adopted by the Commissioner.

 


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ê2009 Statutes of Nevada, Page 1460 (Chapter 330, AB 152)ê

 

      4.  The assessment required by this section is in addition to any other assessment, fee or cost required by law to be paid by an entity identified in subsection 1.

      5.  Money collected by the Commissioner pursuant to this section must be deposited in the Fund for Mortgage Lending created by NRS 645F.270.

      Sec. 4.  NRS 645F.300 is hereby amended to read as follows:

      645F.300  As used in NRS 645F.300 to 645F.450, inclusive, and sections 2 to 3.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 645F.310 to 645F.370, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 645F.360 is hereby amended to read as follows:

      645F.360  “Homeowner” means the record owner of a residence , including, without limitation, the record owner of a residence in foreclosure at the time the notice of the pendency of an action for foreclosure is recorded pursuant to NRS 14.010 or the notice of default and election to sell is recorded pursuant to NRS 107.080.

      Sec. 6.  NRS 645F.380 is hereby amended to read as follows:

      645F.380  The provisions of NRS 645F.300 to 645F.450, inclusive, and sections 2 to 3.5, inclusive, of this act do not apply to, and the terms “foreclosure consultant” and “foreclosure purchaser” do not include:

      1.  An attorney at law rendering services in the performance of his duties as an attorney at law [;] , unless the attorney at law is rendering those services in the course and scope of his employment by or other affiliation with a mortgage broker or mortgage agent;

      2.  A person, firm, company or corporation licensed to engage in the business of debt adjustment pursuant to chapter 676 of NRS while engaging in that business;

      3.  [A person licensed as a real estate broker, broker-salesman or salesman pursuant to chapter 645 of NRS while acting under the authority of that license;

      4.]  A person or the authorized agent of a person acting under the provisions of a program sponsored by the Federal Government, this State or a local government, including, without limitation, the Department of Housing and Urban Development, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association or the Federal Home Loan Bank;

      [5.] 4.  A person who holds or is owed an obligation secured by a mortgage or other lien on a residence in foreclosure if the person performs services in connection with this obligation or lien and the obligation or lien did not arise as the result of or as part of a proposed foreclosure reconveyance;

      [6.] 5.  Any person doing business under the laws of this State or of the United States relating to banks, trust companies, savings and loan associations, industrial loan and thrift companies, regulated lenders, credit unions, insurance companies, or a mortgagee which is a United States Department of Housing and Urban Development approved mortgagee and any subsidiary or affiliate of those persons, and any agent or employee of those persons while engaged in the business of those persons;

      [7.] 6.  A person , other than a person who is licensed pursuant to section 3 of this act, who is licensed [as an escrow agent, title agent, mortgage agent, mortgage broker or mortgage banker] pursuant to chapter 692A or any chapter [645A, 692A, 645B or 645E] of title 54 of NRS [, respectively,] while acting under the authority of his license;

 


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ê2009 Statutes of Nevada, Page 1461 (Chapter 330, AB 152)ê

 

      [8.] 7.  A nonprofit agency or organization that offers credit counseling or advice to a homeowner of a residence in foreclosure or a person in default on a loan; or

      [9.] 8.  A judgment creditor of the homeowner whose claim accrued before the recording of the notice of the pendency of an action for foreclosure against the homeowner pursuant to NRS 14.010 or the recording of the notice of default and election to sell pursuant to NRS 107.080.

      Sec. 6.5.  NRS 645F.400 is hereby amended to read as follows:

      645F.400  1.  A person who performs any covered service, a foreclosure consultant and a loan modification consultant shall not:

      [1.  Claim,]

      (a) Claim, demand, charge, collect or receive any compensation [until after the foreclosure consultant has fully performed each covered service that he contracted to perform or represented he would perform.

      2.] except in accordance with section 3.3 of this act.

      (b) Claim, demand, charge, collect or receive any fee, interest or other compensation for any reason which is not fully disclosed to the homeowner.

      [3.] (c) Take any wage assignment, lien on real or personal property, assignment of a homeowner’s equity or other interest in a residence in foreclosure or other security for the payment of compensation. Any such security is void and unenforceable.

      [4.] (d) Receive any consideration from any third party in connection with a covered service provided to a homeowner unless the consideration is first fully disclosed to the homeowner.

      [5.] (e) Acquire, directly or indirectly, any interest in the residence in foreclosure of a homeowner with whom the foreclosure consultant has contracted to perform a covered service.

      [6.] (f) Accept a power of attorney from a homeowner for any purpose, other than to inspect documents as provided by law.

      2.  In addition to any other penalty, a violation of any provision of this section shall be deemed to constitute mortgage lending fraud for the purposes of NRS 205.372.

      Sec. 7.  NRS 645F.430 is hereby amended to read as follows:

      645F.430  A foreclosure purchaser who engages in any conduct that operates as a fraud or deceit upon a homeowner in connection with a transaction that is subject to the provisions of NRS 645F.300 to 645F.450, inclusive, and sections 2 to 3.5, inclusive, of this act, including, without limitation, a foreclosure reconveyance, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $50,000, or by both fine and imprisonment.

      Sec. 8.  NRS 645F.440 is hereby amended to read as follows:

      645F.440  1.  In addition to the penalty provided in NRS 645F.430 and except as otherwise provided in subsection 5, if a foreclosure purchaser engages in any conduct that operates as a fraud or deceit upon a homeowner in connection with a transaction that is subject to the provisions of NRS 645F.300 to 645F.450, inclusive, and sections 2 to 3.5, inclusive, of this act, including, without limitation, a foreclosure reconveyance, the transaction in which the foreclosure purchaser acquired title to the residence in foreclosure may be rescinded by the homeowner within 2 years after the date of the recording of the conveyance.

 


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ê2009 Statutes of Nevada, Page 1462 (Chapter 330, AB 152)ê

 

      2.  To rescind a transaction pursuant to subsection 1, the homeowner must give written notice to the foreclosure purchaser and a successor in interest to the foreclosure purchaser, if the successor in interest is not a bona fide purchaser, and record that notice with the recorder of the county in which the property is located. The notice of rescission must contain:

      (a) The name of the homeowner, the foreclosure purchaser and any successor in interest who holds title to the property; and

      (b) A description of the property.

      3.  Within 20 days after receiving notice pursuant to subsection 2:

      (a) The foreclosure purchaser and the successor in interest, if the successor in interest is not a bona fide purchaser, shall reconvey to the homeowner title to the property free and clear of encumbrances which were created subsequent to the rescinded transaction and which are due to the actions of the foreclosure purchaser; and

      (b) The homeowner shall return to the foreclosure purchaser any consideration received from the foreclosure purchaser in exchange for the property.

      4.  If the foreclosure purchaser has not reconveyed to the homeowner title to the property within the period described in subsection 3, the homeowner may bring an action to enforce the rescission in the district court of the county in which the property is located.

      5.  A transaction may not be rescinded pursuant to this section if the foreclosure purchaser has transferred the property to a bona fide purchaser.

      6.  As used in this section, “bona fide purchaser” means any person who purchases an interest in a residence in foreclosure from a foreclosure purchaser in good faith and for valuable consideration and who does not know or have reasonable cause to believe that the foreclosure purchaser engaged in conduct which violates subsection 1.

      Sec. 9.  NRS 645F.450 is hereby amended to read as follows:

      645F.450  The rights, remedies and penalties provided pursuant to the provisions of NRS 645F.300 to 645F.450, inclusive, and sections 2 to 3.5, inclusive, of this act are cumulative and do not abrogate and are in addition to any other rights, remedies and penalties that may exist at law or in equity, including, without limitation, any criminal penalty that may be imposed pursuant to NRS 645F.430.

      Sec. 10.  NRS 205.372 is hereby amended to read as follows:

      205.372  1.  A person who, with the intent to defraud a participant in a mortgage lending transaction:

      (a) Knowingly makes a false statement or misrepresentation concerning a material fact or deliberately conceals or fails to disclose a material fact;

      (b) Knowingly uses or facilitates the use of a false statement or misrepresentation made by another person concerning a material fact or deliberately uses or facilitates the use of another person’s concealment or failure to disclose a material fact;

      (c) Receives any proceeds or any other money in connection with a mortgage lending transaction that the person knows resulted from a violation of paragraph (a) or (b);

      (d) Conspires with another person to violate any of the provisions of paragraph (a), (b) or (c); or

      (e) Files or causes to be filed with a county recorder any document that the person knows to include a misstatement, misrepresentation or omission concerning a material fact,

 


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ê2009 Statutes of Nevada, Page 1463 (Chapter 330, AB 152)ê

 

Ê commits the offense of mortgage lending fraud which is a category C felony and, upon conviction, shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      2.  A person who engages in a pattern of mortgage lending fraud or conspires or attempts to engage in a pattern of mortgage lending fraud is guilty of a category B felony and, upon conviction, shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 20 years, or by a fine of not more than $50,000, or by both fine and imprisonment.

      3.  Each mortgage lending transaction in which a person violates any provision of subsection 1 constitutes a separate violation.

      4.  Except as otherwise provided in this subsection, if a lender or any agent of the lender is convicted of the offense of mortgage lending fraud in violation of this section, the mortgage lending transaction with regard to which the fraud was committed may be rescinded by the borrower within 6 months after the date of the conviction if the borrower gives written notice to the lender and records that notice with the recorder of the county in which the mortgage was recorded. A mortgage lending transaction may not be rescinded pursuant to this subsection if the lender has transferred the mortgage to a bona fide purchaser.

      5.  The Attorney General may investigate and prosecute a violation of this section.

      6.  As used in this section:

      (a) “Bona fide purchaser” means any person who purchases a mortgage in good faith and for valuable consideration and who does not know or have reasonable cause to believe that the lender or any agent of the lender engaged in mortgage lending fraud in violation of this section.

      (b) “Mortgage lending transaction” means any transaction between two or more persons for the purpose of making or obtaining, attempting to make or obtain, or assisting another person to make or obtain a loan that is secured by a mortgage or other lien on residential real property. The term includes, without limitation:

            (1) The solicitation of a person to make or obtain the loan;

            (2) The representation or offer to represent another person to make or obtain the loan;

            (3) The negotiation of the terms of the loan;

            (4) The provision of services in connection with the loan; and

            (5) The execution of any document in connection with making or obtaining the loan.

      (c) “Participant in a mortgage lending transaction” includes, without limitation:

            (1) A borrower as defined in NRS 598D.020;

            (2) An escrow agent as defined in NRS 645A.010;

            (3) A foreclosure consultant as defined in NRS 645F.320;

            (4) A foreclosure purchaser as defined in NRS 645F.330;

            (5) An investor as defined in NRS 645B.0121;

            (6) A lender as defined in NRS 598D.050;

            (7) A loan modification consultant as defined in section 2 of this act;

            (8) A mortgage agent as defined in NRS 645B.0125;

            [(8)] (9) A mortgage banker as defined in NRS 645E.100; and

            [(9)] (10) A mortgage broker as defined in NRS 645B.0127.

 


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ê2009 Statutes of Nevada, Page 1464 (Chapter 330, AB 152)ê

 

      (d) “Pattern of mortgage lending fraud” means one or more violations of a provision of subsection 1 committed in two or more mortgage lending transactions which have the same or similar intents, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics.

      Sec. 10.5.  The Commissioner of Mortgage Lending shall adopt regulations required by sections 3 and 3.1 of this act and submit the regulations to the Legislative Commission for review within 90 days after the passage and approval of this act.

      Sec. 11.  This act becomes effective:

      1.  Upon passage and approval for the purposes of adopting regulations and performing any other preparatory actions that are necessary to carry out the provisions of this act; and

      2.  On July 1, 2009 for all other purposes.

________

 

CHAPTER 331, AB 162

Assembly Bill No. 162–Assemblymen Ohrenschall, Buckley, Leslie, Woodbury, Conklin; Aizley, Anderson, Arberry, Atkinson, Bobzien, Carpenter, Christensen, Claborn, Denis, Dondero Loop, Goicoechea, Grady, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Manendo, Mastroluca, McClain, Mortenson, Munford, Oceguera, Parnell, Pierce, Segerblom, Smith and Stewart

 

Joint Sponsors: Senators Horsford, Schneider, Lee, Wiener, Townsend; Amodei, Breeden, Care, Carlton, Coffin, Copening, Nolan, Parks, Rhoads and Woodhouse

 

CHAPTER 331

 

AN ACT relating to insurance; requiring certain policies of health insurance and health care plans to provide an option of coverage for screening for and treatment of autism; authorizing the Board of Psychological Examiners to license behavior analysts and assistant behavior analysts and to certify autism behavior interventionists; increasing the size of the Board of Psychological Examiners from five members to seven members; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires certain public and private health care plans and policies of insurance to provide coverage for certain procedures, including colorectal cancer screenings, cytological screening tests and mammograms, in certain circumstances. (NRS 287.027, 287.04335, 689A.04042, 689A.0405, 689B.0367, 689B.0374, 695B.1907, 695B.1912, 695C.1731, 695C.1735, 695G.168) Existing law also requires employers to provide certain benefits to employees, including coverage for the procedures required to be covered by insurers, if the employer provides health benefits for its employees. (NRS 608.1555) Sections 1-10.5 of this bill require certain health care plans and policies of insurance to also provide an option or a requirement, as applicable, of coverage for the screening for, including the diagnosis of, and the treatment of autism spectrum disorders in certain circumstances.

 


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ê2009 Statutes of Nevada, Page 1465 (Chapter 331, AB 162)ê

 

      Sections 12-12.4 and 12.7-14.5 of this bill provide for the licensure of behavior analysts and assistant behavior analysts and the certification of autism behavior interventionists by the Board of Psychological Examiners.

      Sections 12.5 and 12.6 of this bill increase the size of the Board of Psychological Examiners from five members to seven members, adding one member who is a licensed behavior analyst and one member who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care.

      The provisions of this bill apply prospectively to any policy of insurance or health care plan issued or renewed on or after January 1, 2011, or July 1, 2011, as applicable.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:

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

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

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

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

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

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

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

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

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

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

 


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ê2009 Statutes of Nevada, Page 1466 (Chapter 331, AB 162)ê

 

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

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

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

      7.  As used in this section:

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

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

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

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

            (1) A licensed psychologist;

            (2) A licensed behavior analyst; or

            (3) A licensed assistant behavior analyst.

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

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

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

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

 


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ê2009 Statutes of Nevada, Page 1467 (Chapter 331, AB 162)ê

 

the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and who is licensed as a behavior analyst by the Board of Psychological Examiners.

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

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

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

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

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

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

      Sec. 2.  NRS 689A.330 is hereby amended to read as follows:

      689A.330  If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 1 of this act.

      Sec. 3.  Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

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

      2.  Coverage provided under this section is subject to:

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

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

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

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

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

 


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ê2009 Statutes of Nevada, Page 1468 (Chapter 331, AB 162)ê

 

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

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

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

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

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

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

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

      8.  As used in this section:

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

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

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

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

            (1) A licensed psychologist;

            (2) A licensed behavior analyst; or

            (3) A licensed assistant behavior analyst.

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

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

 


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ê2009 Statutes of Nevada, Page 1469 (Chapter 331, AB 162)ê

 

limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

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

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

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

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

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

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

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

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

      Sec. 3.5.  Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:

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

      2.  Coverage provided under this section is subject to:

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

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

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

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

 


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ê2009 Statutes of Nevada, Page 1470 (Chapter 331, AB 162)ê

 

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

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

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

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

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

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

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

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

      8.  As used in this section:

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

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

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

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

            (1) A licensed psychologist;

            (2) A licensed behavior analyst; or

            (3) A licensed assistant behavior analyst.

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

 


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ê2009 Statutes of Nevada, Page 1471 (Chapter 331, AB 162)ê

 

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

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

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

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

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

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

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

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

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

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

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

      2.  Coverage provided under this section is subject to:

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

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

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

 


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

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

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

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

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

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

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

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

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

      8.  As used in this section:

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

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

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

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

 


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            (1) A licensed psychologist;

            (2) A licensed behavior analyst; or

            (3) A licensed assistant behavior analyst.

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

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

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

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

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

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

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

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

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

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

      Sec. 6.  NRS 695C.050 is hereby amended to read as follows:

      695C.050  1.  Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

      2.  Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

 


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      3.  Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

      4.  The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170 to 695C.200, inclusive, and section 5 of this act, 695C.250 and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

      5.  The provisions of NRS 695C.1694, 695C.1695 and 695C.1731 apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.

      Sec. 7.  NRS 695C.330 is hereby amended to read as follows:

      695C.330  1.  The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if he finds that any of the following conditions exist:

      (a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;

      (b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.1691 to 695C.200, inclusive, and section 5 of this act, or 695C.207;

      (c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;

      (d) The State Board of Health certifies to the Commissioner that the health maintenance organization:

            (1) Does not meet the requirements of subsection 2 of NRS 695C.080; or

            (2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;

      (e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

      (f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;

      (g) The health maintenance organization has failed to put into effect the system required by NRS 695C.260 for:

            (1) Resolving complaints in a manner reasonably to dispose of valid complaints; and

            (2) Conducting external reviews of final adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;

 


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      (h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

      (i) The continued operation of the health maintenance organization would be hazardous to its enrollees;

      (j) The health maintenance organization fails to provide the coverage required by NRS 695C.1691; or

      (k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.

      2.  A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.

      3.  If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.

      4.  If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may, by written order, permit such further operation of the organization as he may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.

      Sec. 8.  Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:

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

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

      3.  Coverage provided under this section is subject to:

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

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

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

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

 


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ê2009 Statutes of Nevada, Page 1476 (Chapter 331, AB 162)ê

 

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

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

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

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

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

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

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

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

      9.  As used in this section:

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

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

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

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

            (1) A licensed psychologist;

            (2) A licensed behavior analyst; or

            (3) A licensed assistant behavior analyst.

 


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ê2009 Statutes of Nevada, Page 1477 (Chapter 331, AB 162)ê

 

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

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

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

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

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

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

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

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

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

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

      Sec. 8.5.  NRS 695G.090 is hereby amended to read as follows:

      695G.090  1.  Except as otherwise provided in subsection 3, the provisions of this chapter apply to each organization and insurer that operates as a managed care organization and may include, without limitation, an insurer that issues a policy of health insurance, an insurer that issues a policy of individual or group health insurance, a carrier serving small employers, a fraternal benefit society, a hospital or medical service corporation and a health maintenance organization.

      2.  In addition to the provisions of this chapter, each managed care organization shall comply with:

      (a) The provisions of chapter 686A of NRS, including all obligations and remedies set forth therein; and

      (b) Any other applicable provision of this title.

 


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ê2009 Statutes of Nevada, Page 1478 (Chapter 331, AB 162)ê

 

      3.  The provisions of NRS 695G.164, 695G.200 to 695G.230, inclusive, [and] 695G.430 and section 8 of this act do not apply to a managed care organization that provides health care services to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a managed care organization from any provision of this chapter for services provided pursuant to any other contract.

      Sec. 9.  (Deleted by amendment.)

      Sec. 9.5.  Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the plan of self-insurance under the age of 18 or, if enrolled in high school, until the person reaches the age of 22.

      2.  Coverage provided under this section is subject to:

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

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

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

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

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

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

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

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

 


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ê2009 Statutes of Nevada, Page 1479 (Chapter 331, AB 162)ê

 

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

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

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

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

      8.  As used in this section:

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

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

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

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

            (1) A licensed psychologist;

            (2) A licensed behavior analyst; or

            (3) A licensed assistant behavior analyst.

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

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

 


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ê2009 Statutes of Nevada, Page 1480 (Chapter 331, AB 162)ê

 

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

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

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

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

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

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

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

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

      Sec. 10.  (Deleted by amendment.)

      Sec. 10.5.  NRS 287.04335 is hereby amended to read as follows:

      287.04335  If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 689B.255, 695G.150, 695G.160, 695G.164, 695G.170, 695G.171, 695G.173, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, [and] 695G.405 [,] and section 8 of this act in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.

      Sec. 11.  (Deleted by amendment.)

      Sec. 12.  Chapter 641 of NRS is hereby amended by adding thereto the provisions set forth as sections 12.1, 12.2 and 12.3 of this act.

      Sec. 12.1.  1.  Each application for certification as an autism behavior interventionist must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 18 years of age.

      (b) Is of good moral character as determined by the Board.

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

      (d) Has completed satisfactorily a written examination in Nevada law and ethical practice as administered by the Board.

 


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ê2009 Statutes of Nevada, Page 1481 (Chapter 331, AB 162)ê

 

      2.  Within 120 days after receiving an application and the accompanying evidence from an applicant, the Board shall:

      (a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for certification as an autism behavior interventionist; and

      (b) Issue a written statement to the applicant of its determination.

      3.  If the Board determines that the qualifications of the applicant are insufficient for certification, the written statement issued to the applicant pursuant to subsection 2 must include a detailed explanation of the reasons for that determination.

      Sec. 12.2.  The Board shall adopt regulations that establish the grounds for disciplinary action for a licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist.

      Sec. 12.3.  1.  A licensed assistant behavior analyst shall not provide or supervise behavior therapy except under the supervision of:

      (a) A licensed psychologist; or

      (b) A licensed behavior analyst.

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

      (a) A licensed psychologist;

      (b) A licensed behavior analyst; or

      (c) A licensed assistant behavior analyst.

      Sec. 12.4.  NRS 641.020 is hereby amended to read as follows:

      641.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in section 1 of this act and NRS 641.021 to 641.027, inclusive, have the meanings ascribed to them in those sections.

      Sec. 12.5.  NRS 641.030 is hereby amended to read as follows:

      641.030  The Board of Psychological Examiners, consisting of [five] seven members appointed by the Governor, is hereby created.

      Sec. 12.6.  NRS 641.040 is hereby amended to read as follows:

      641.040  1.  The Governor shall appoint to the Board:

      (a) Four members who are licensed psychologists in the State of Nevada with at least 5 years of experience in the practice of psychology after being licensed.

      (b) One member who is a licensed behavior analyst in the State of Nevada.

      (c) One member who has resided in this State for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care.

      (d) One member who is a representative of the general public.

      2.  A person is not eligible for appointment unless he is:

      (a) A citizen of the United States; and

      (b) A resident of the State of Nevada.

      3.  The member who is a representative of the general public:

      (a) Shall not participate in preparing, conducting or grading any examination required by the Board.

      (b) Must not be a psychologist, an applicant or former applicant for licensure as a psychologist, a member of a health profession, the spouse or the parent or child, by blood, marriage or adoption, of a psychologist, or a member of a household that includes a psychologist.

 


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ê2009 Statutes of Nevada, Page 1482 (Chapter 331, AB 162)ê

 

      4.  Board members must not have any conflicts of interest or the appearance of such conflicts in the performance of their duties as members of the Board.

      Sec. 12.7.  NRS 641.100 is hereby amended to read as follows:

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

      Sec. 12.8.  NRS 641.110 is hereby amended to read as follows:

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

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

      2.  License and certify qualified applicants.

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

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

      Sec. 13.  NRS 641.170 is hereby amended to read as follows:

      641.170  1.  Each application for licensure as a psychologist must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 21 years of age.

      (b) Is of good moral character as determined by the Board.

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

      (d) Has earned a doctorate in psychology from an accredited educational institution approved by the Board, or has other doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training.

      (e) Has at least 2 years of experience satisfactory to the Board, 1 year of which must be postdoctoral experience in accordance with the requirements established by regulations of the Board.

      2.  Each application for licensure as a behavior analyst must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 21 years of age.

      (b) Is of good moral character as determined by the Board.

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

      (d) Has earned a master’s degree from an accredited college or university in a field of social science or special education approved by the Board.

      (e) Has completed other education, training or experience in accordance with the requirements established by regulations of the Board.

      (f) Has completed satisfactorily a written examination in Nevada law and ethical practice as administered by the Board.

      3.  Each application for licensure as an assistant behavior analyst must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 21 years of age.

      (b) Is of good moral character as determined by the Board.

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

 


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ê2009 Statutes of Nevada, Page 1483 (Chapter 331, AB 162)ê

 

      (d) Has earned a bachelor’s degree from an accredited college or university in a field of social science or special education approved by the Board.

      (e) Has completed other education, training or experience in accordance with the requirements established by regulations of the Board.

      (f) Has completed satisfactorily a written examination in Nevada law and ethical practice as administered by the Board.

      4.  Within 120 days after receiving an application and the accompanying evidence from an applicant, the Board shall:

      (a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for licensure ; [as a psychologist;] and

      (b) Issue a written statement to the applicant of its determination.

      [3.] 5.  The written statement issued to the applicant pursuant to subsection [2] 4 must include:

      (a) If the Board determines that the qualifications of the applicant are insufficient for licensure, a detailed explanation of the reasons for that determination.

      (b) If the applicant for licensure as a psychologist has not earned a doctorate in psychology from an accredited educational institution approved by the Board and the Board determines that his doctorate-level training from an accredited educational institution is not equivalent in subject matter and extent of training, a detailed explanation of the reasons for that determination.

      Sec. 14.  NRS 641.180 is hereby amended to read as follows:

      641.180  1.  Except as otherwise provided in this section and NRS 641.190, each applicant for a license as a psychologist must pass the Examination for the Professional Practice of Psychology in the form administered by the Association of State and Provincial Psychology Boards and approved for use in this State by the Board. In addition to this written examination, the Board may require an oral examination in whatever applied or theoretical fields it deems appropriate.

      2.  The examination must be given at least once a year, and may be given more often if deemed necessary by the Board. The examination must be given at a time and place, and under such supervision, as the Board may determine.

      3.  The Board shall notify each applicant of the results of his written examination and supply him with a copy of all material information about those results provided to the Board by the Association of State and Provincial Psychology Boards.

      4.  If an applicant fails the examination, he may request in writing that the Board review his examination.

      5.  The Board may waive the requirement of a written examination for a person who:

      (a) Is licensed in another state;

      (b) Has 10 years experience; and

      (c) Is a diplomate in the American Board of Professional Psychology or a fellow in the American Psychological Association, or who has other equivalent status as determined by the Board.

      Sec. 14.5.  NRS 641.370 is hereby amended to read as follows:

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

 


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ê2009 Statutes of Nevada, Page 1484 (Chapter 331, AB 162)ê

 

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

For the special [oral] examination, in addition to the actual costs to the Board of the examination................................................................................. 100

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

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

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

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

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

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

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

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

 

      2.  An applicant who passes the examination and is eligible for a license or certificate shall pay the biennial fee for the renewal of a license or certificate which must be prorated for the period from the date the license or certificate is issued to the end of the biennium.

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

      Sec. 15.  The Board of Psychological Examiners shall begin licensing behavior analysts and assistant behavior analysts pursuant to section 13 of this act and certifying autism behavior interventionists pursuant to section 12.1 of this act no later than January 1, 2010.

      Sec. 15.3.  Notwithstanding the provisions of subsection 7 of section 8 of this act, a plan of self-insurance governed by NRS 287.04335, as amended by section 10.5 of this act, shall not have the legal effect of including the coverage required pursuant to subsection 1 of section 8 of this act unless it is delivered, issued for delivery or renewed on or after July 1, 2011.

      Sec. 15.5.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 16.  1.  This section and sections 1 to 9, inclusive, 10 and 11 to 15, inclusive, of this act become effective:

      (a) Upon passage and approval for the purpose of adopting regulations, licensing behavior analysts and assistant behavior analysts and certifying autism behavior interventionists; and

      (b) On January 1, 2011, for all other purposes.

      2.  Sections 9.5, 10.5, 15.3 and 15.5 of this act become effective:

      (a) Upon passage and approval for the purposes of adopting regulations; and

      (b) On July 1, 2011, for all other purposes.

________

 


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ê2009 Statutes of Nevada, Page 1485ê

 

CHAPTER 332, AB 227

Assembly Bill No. 227–Committee on Health and Human Services

 

CHAPTER 332

 

AN ACT relating to public welfare; providing for the licensure of certain foster care agencies that provide services relating to the placement of children in foster care; requiring licensure of specialized foster homes; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Sections 4-7 of this bill provide for licensing of persons who operate a foster care agency that assists an agency which provides child welfare services in placing or arranging for the placement of children in foster care. Section 4 requires the Division of Child and Family Services of the Department of Health and Human Services to adopt regulations regarding the placement of children in foster care, including, without limitation, regulations establishing the minimum standards for foster care agencies and regarding the issuance and renewal of a license to operate a foster care agency. Section 5 authorizes a licensing authority, which is an agency which provides child welfare services, to license foster care agencies within its jurisdiction in accordance with the regulations adopted by the Division. If a licensing authority licenses foster care agencies, then all foster care agencies within the jurisdiction of the licensing authority will be required to obtain a license. Section 5 further authorizes a licensing authority to impose a fee for the licensing and renewal of a license to operate a foster care agency up to a specific amount that must not exceed the actual cost incurred by the authority for providing or renewing the license. Section 6 provides that a license to operate a foster care agency is valid for 2 years. Section 7.5 of this bill authorizes an agency which provides child welfare services to determine the services that a foster care agency may provide on behalf of the agency which provides child welfare services. Section 18 of this bill requires the Division to adopt the necessary regulations on or before July 1, 2010.

      Existing law requires persons who operate a family foster home or group foster home to obtain a license from the appropriate licensing authority. (Chapter 424 of NRS) The Division of Child and Family Services has adopted regulations for family and group foster homes pursuant to this chapter and has also adopted similar standards for treatment homes, which are a specialized type of foster home. (NAC 424.075, 424.650-424.705) Section 3 of this bill defines what constitutes a “specialized foster home” and sections 8-14 of this bill set forth in statute the requirement that persons who operate a specialized foster home obtain a license from the appropriate licensing authority. (NRS 424.010, 424.014, 424.020, 424.030, 424.0365, 424.040, 424.085) Section 19 of this bill makes the licensing provisions included in this bill effective on January 1, 2011, so that a license to operate a foster care agency and a license to operate a specialized foster home may not be required before that date.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 424 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7.5, inclusive, of this act.

      Sec. 2.  “Foster care agency” means a nonprofit corporation, for-profit corporation or sole proprietorship that assists an agency which provides child welfare services in the placement of children in foster care.

 


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ê2009 Statutes of Nevada, Page 1486 (Chapter 332, AB 227)ê

 

      Sec. 3.  “Specialized foster home” means a family home which provides full-time care and services for one to six children who:

      1.  Require special care for physical, mental or emotional issues;

      2.  Are under 21 years of age;

      3.  Are not related within the first degree of consanguinity or affinity to any natural person maintaining or operating the home;

      4.  Are received, cared for and maintained for compensation; and

      5.  Are in the custody of and placed in the home by an agency which provides child welfare services.

      Sec. 4.  The Division shall:

      1.  Establish reasonable minimum standards for foster care agencies.

      2.  In consultation with foster care agencies and each agency which provides child welfare services, adopt:

      (a) Regulations concerning the operation of a foster care agency, including, without limitation, a foster care agency which provides family foster care, specialized foster care or group foster care for children placed by an agency which provides child welfare services.

      (b) Regulations regarding the issuance of nonrenewable provisional licenses to operate a foster care agency. The regulations must provide that a provisional license is valid for not more than 1 year.

      (c) Regulations regarding the issuance and renewal of a license to operate a foster care agency.

      (d) Any other regulations necessary to carry out its powers and duties regarding the placement of children for foster care, including, without limitation, such regulations necessary to ensure compliance with the provisions of this chapter and any regulations adopted pursuant thereto.

      Sec. 5.  1.  A licensing authority may license foster care agencies within its jurisdiction in accordance with the regulations adopted by the Division pursuant to section 4 of this act.

      2.  Except as otherwise provided in this section, if a licensing authority licenses foster care agencies, a person shall not operate a foster care agency within the jurisdiction of the licensing authority or otherwise assist an agency which provides child welfare services in placing or in arranging the placement of any child in foster care until the foster care agency has obtained a license pursuant to section 6 of this act.

      3.  This section does not prohibit a parent or guardian from placing or arranging the placement of, or assisting in placing or arranging the placement of, his child in foster care.

      4.  A licensing authority that licenses foster care agencies pursuant to this section may charge a fee of not more than $150 for the issuance of a provisional license, not more than $300 for the issuance of a license and not more than $150 for the renewal of a license. Any fee so charged must not exceed the actual cost incurred by the authority for providing or renewing the license.

      Sec. 6.  1.  An application for a license to operate a foster care agency must be in a form prescribed by the Division and submitted to the appropriate licensing authority. Such a license is effective for 2 years after the date of its issuance and may be renewed upon expiration.

      2.  An applicant must provide reasonable and satisfactory assurance to the licensing authority that the applicant will conform to the standards established and the regulations adopted by the Division pursuant to section 4 of this act.

 


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ê2009 Statutes of Nevada, Page 1487 (Chapter 332, AB 227)ê

 

      3.  Upon application for renewal, the licensing authority may renew a license if the licensing authority determines that the licensee conforms to the standards established and the regulations adopted by the Division pursuant to section 4 of this act.

      4.  A licensing authority may issue a nonrenewable provisional license in accordance with the regulations adopted by the Division pursuant to section 4 of this act.

      Sec. 7.  1.  After notice and hearing, a licensing authority may:

      (a) Deny an application for a license to operate a foster care agency if the licensing authority determines that the applicant does not meet the standards established and comply with the regulations adopted by the Division pursuant to section 4 of this act.

      (b) Upon a finding of deficiency, require a foster care agency to prepare a plan of corrective action and, within 90 days or a shorter period prescribed by the licensing authority require the foster care agency to complete the plan of corrective action.

      (c) Refuse to renew a license or may revoke a license or provisional license if the licensing authority finds that the foster care agency has refused or failed to meet any of the established standards or has violated any of the regulations adopted by the Division pursuant to section 4 of this act.

      2.  A notice of the time and place of the hearing must be mailed to the last known address of the applicant or licensee at least 15 days before the date fixed for the hearing.

      3.  When an order of a licensing authority is appealed to the district court, the trial may be de novo.

      Sec. 7.5.  A licensed foster care agency may provide such assistance to an agency which provides child welfare services as authorized by the agency which provides child welfare services. Such services may include, without limitation:

      1.  Screening, recruiting, licensing and training of persons to provide family foster care, specialized foster care and group foster care;

      2.  Case management services;

      3.  Referral services;

      4.  Supportive services for persons providing foster care to meet the needs of children in foster care;

      5.  Coordination of case plans and treatment plans; and

      6.  Services, or facilitating the provision of such services, to children placed in foster care.

      Sec. 8.  NRS 424.010 is hereby amended to read as follows:

      424.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 424.012 to 424.017, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 9.  NRS 424.014 is hereby amended to read as follows:

      424.014  “Foster home” includes a family foster home , specialized foster home and group foster home.

      Sec. 10.  NRS 424.020 is hereby amended to read as follows:

      424.020  1.  The Division, in consultation with each licensing authority in a county whose population is 100,000 or more, shall adopt regulations to:

 


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ê2009 Statutes of Nevada, Page 1488 (Chapter 332, AB 227)ê

 

      (a) Establish procedures and requirements for the licensure of family foster homes , specialized foster homes and group foster homes; and

      (b) Monitor such licensure.

      2.  The Division, in cooperation with the State Board of Health and the State Fire Marshal, shall:

      (a) Establish reasonable minimum standards for family foster homes , specialized foster homes and group foster homes.

      (b) Prescribe rules for the regulation of family foster homes , specialized foster homes and group foster homes.

      3.  All family foster homes , specialized foster homes and group foster homes licensed pursuant to this chapter must conform to the standards established and the rules prescribed in subsection 2.

      Sec. 11.  NRS 424.030 is hereby amended to read as follows:

      424.030  1.  No person may conduct a family foster home , a specialized foster home or a group foster home without receiving a license to do so from the licensing authority.

      2.  No license may be issued to a family foster home , a specialized foster home or a group foster home until a fair and impartial investigation of the home and its standards of care has been made by the licensing authority or its designee.

      3.  Any family foster home , specialized foster home or group foster home that conforms to the established standards of care and prescribed rules must receive a regular license from the licensing authority, which [must] may be in force for [1 year] 2 years after the date of issuance. On reconsideration of the standards maintained, the license may be renewed [annually.] upon expiration.

      4.  If a family foster home , a specialized foster home or a group foster home does not meet minimum licensing standards but offers values and advantages to a particular child or children and will not jeopardize the health and safety of the child or children placed therein, the family foster home , specialized foster home or group foster home may be issued a special license, which must be in force for 1 year after the date of issuance and may be renewed annually. No foster children other than those specified on the license may be cared for in the home.

      5.  The license must show:

      (a) The name of the persons licensed to conduct the family foster home , specialized foster home or group foster home.

      (b) The exact location of the family foster home , specialized foster home or group foster home.

      (c) The number of children that may be received and cared for at one time.

      (d) If the license is a special license issued pursuant to subsection 4, the name of the child or children for whom the family foster home , specialized foster home or group foster home is licensed to provide care.

      6.  No family foster home , specialized foster home or group foster home may receive for care more children than are specified in the license.

      7.  In consultation with each licensing authority in a county whose population is 100,000 or more, the Division may adopt regulations regarding the issuance of provisional and special licenses.

 


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ê2009 Statutes of Nevada, Page 1489 (Chapter 332, AB 227)ê

 

      Sec. 12.  NRS 424.0365 is hereby amended to read as follows:

      424.0365  1.  A licensee that operates a specialized foster home or a group foster home shall ensure that each employee who comes into direct contact with children in the home receives training within 30 days after employment and annually thereafter. Such training must include, without limitation, instruction concerning:

      (a) Controlling the behavior of children;

      (b) Policies and procedures concerning the use of force and restraint on children;

      (c) The rights of children in the home;

      (d) Suicide awareness and prevention;

      (e) The administration of medication to children;

      (f) Applicable state and federal constitutional and statutory rights of children in the home;

      (g) Policies and procedures concerning other matters affecting the health, welfare, safety and civil and other rights of children in the home; and

      (h) Such other matters as required by the licensing authority or pursuant to regulations of the Division.

      2.  The Division shall adopt regulations necessary to carry out the provisions of this section.

      Sec. 13.  NRS 424.040 is hereby amended to read as follows:

      424.040  A licensing authority or its designee shall visit every licensed family foster home , specialized foster home and group foster home as often as necessary to ensure that proper care is given to the children.

      Sec. 14.  NRS 424.085 is hereby amended to read as follows:

      424.085  1.  Except as otherwise provided by specific statute, a person who is licensed by the licensing authority pursuant to NRS 424.030 to conduct a family foster home , a specialized foster home or a group foster home is not liable for any act of a child in his foster care unless the person licensed by the licensing authority took an affirmative action that contributed to the act of the child.

      2.  The immunity from liability provided pursuant to this section includes, without limitation, immunity from any fine, penalty, debt or other liability incurred as a result of the act of the child.

      Sec. 15.  NRS 432B.180 is hereby amended to read as follows:

      432B.180  The Division of Child and Family Services shall:

      1.  Administer any money granted to the State by the Federal Government.

      2.  Plan, coordinate and monitor the delivery of child welfare services provided throughout the State.

      3.  Provide child welfare services directly or arrange for the provision of those services in a county whose population is less than 100,000.

      4.  Coordinate its activities with and assist the efforts of any law enforcement agency, a court of competent jurisdiction, an agency which provides child welfare services and any public or private organization which provides social services for the prevention, identification and treatment of abuse or neglect of children and for permanent placement of children.

      5.  Involve communities in the improvement of child welfare services.

      6.  Evaluate all child welfare services provided throughout the State and, if an agency which provides child welfare services is not complying with any federal or state law relating to the provision of child welfare services, regulations adopted pursuant to those laws or statewide plans or policies relating to the provision of child welfare services, require corrective action of the agency which provides child welfare services.

 


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ê2009 Statutes of Nevada, Page 1490 (Chapter 332, AB 227)ê

 

regulations adopted pursuant to those laws or statewide plans or policies relating to the provision of child welfare services, require corrective action of the agency which provides child welfare services.

      7.  If an agency which provides child welfare services fails to take corrective action required pursuant to subsection 6 within a reasonable period, take one or more of the following actions against the agency which provides child welfare services:

      (a) Withhold money from the agency which provides child welfare services;

      (b) Impose an administrative fine against the agency which provides child welfare services;

      (c) Provide the agency which provides child welfare services with direct supervision and recover the cost and expenses incurred by the Division in providing such supervision; and

      (d) Require the agency which provides child welfare services to determine whether it is necessary to impose disciplinary action that is consistent with the personnel rules of the agency which provides child welfare services against an employee who substantially contributes to the noncompliance of the agency which provides child welfare services with the federal or state laws, regulations adopted pursuant to such laws or statewide plans or policies, including, without limitation, suspension of the employee without pay, if appropriate.

Ê The Division shall adopt regulations to carry out the provisions of this subsection, including, without limitation, regulations which prescribe the circumstances under which action must be taken against an agency which provides child welfare services for failure to take corrective action and which specify that any such action by the Division must not impede the provision of child welfare services.

      8.  In consultation with each agency which provides child welfare services, request sufficient money for the provision of child welfare services throughout this State.

      9.  Deposit any money received from the administrative fines imposed pursuant to this section with the State Treasurer for credit to the State General Fund. The State Treasurer shall account separately for the money deposited pursuant to this subsection. The money in the account may only be used by the Division to improve the provision of child welfare services in this State, including, without limitation:

      (a) To pay the costs associated with providing training and technical assistance and conducting quality improvement activities for an agency which provides child welfare services to assist the agency in any area in which the agency has failed to take corrective action; and

      (b) Hiring a qualified consultant to conduct such training, technical assistance and quality improvement activities.

      10.  Coordinate with and assist:

      (a) Each agency which provides child welfare services in recruiting, training and licensing providers of family foster care as defined in NRS 424.017; [and]

      (b) Each foster care agency licensed pursuant to sections 4 to 7.5, inclusive, of this act in screening, recruiting, licensing and training providers of family foster care as defined in NRS 424.017; and

      (c) A nonprofit or community-based organization in recruiting and training providers of family foster care as defined in NRS 424.017 if the Division determines that the organization provides a level of training that is equivalent to the level of training provided by an agency which provides child welfare services.

 


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ê2009 Statutes of Nevada, Page 1491 (Chapter 332, AB 227)ê

 

Division determines that the organization provides a level of training that is equivalent to the level of training provided by an agency which provides child welfare services.

      Sec. 16.  NRS 392.210 is hereby amended to read as follows:

      392.210  1.  Except as otherwise provided in subsection 2, a parent, guardian or other person who has control or charge of any child and to whom notice has been given of the child’s truancy as provided in NRS 392.130 and 392.140, and who fails to prevent the child’s subsequent truancy within that school year, is guilty of a misdemeanor.

      2.  A person who is licensed pursuant to NRS 424.030 to conduct a family foster home , a specialized foster home or a group foster home is liable pursuant to subsection 1 for a child in his foster care only if the person has received notice of the truancy of the child as provided in NRS 392.130 and 392.140, and negligently fails to prevent the subsequent truancy of the child within that school year.

      Sec. 17.  NRS 477.030 is hereby amended to read as follows:

      477.030  1.  Except as otherwise provided in this section, the State Fire Marshal shall enforce all laws and adopt regulations relating to:

      (a) The prevention of fire.

      (b) The storage and use of:

            (1) Combustibles, flammables and fireworks; and

            (2) Explosives in any commercial construction, but not in mining or the control of avalanches,

Ê under those circumstances that are not otherwise regulated by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890.

      (c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose. As used in this paragraph, “public assembly” means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

      (d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.

Ê Except as otherwise provided in subsection 12, the regulations of the State Fire Marshal apply throughout the State, but except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter does not extend to a school district except as otherwise provided in NRS 393.110, or a county whose population is 100,000 or more or which has been converted into a consolidated municipality, except in those local jurisdictions in those counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction or except as otherwise provided in a regulation adopted pursuant to paragraph (b) of subsection 2.

 


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ê2009 Statutes of Nevada, Page 1492 (Chapter 332, AB 227)ê

 

      2.  The State Fire Marshal may:

      (a) Set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this State, including the threads used on fire hose couplings and hydrant fittings; and

      (b) Adopt regulations based on nationally recognized standards setting forth the requirements for fire departments to provide training to firefighters using techniques or exercises that involve the use of fire or any device that produces or may be used to produce fire.

      3.  The State Fire Marshal shall cooperate with the State Forester Firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.

      4.  The State Fire Marshal shall cooperate with the Division of Child and Family Services of the Department of Health and Human Services in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes , specialized foster homes and group foster homes.

      5.  The State Fire Marshal shall coordinate all activities conducted pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute money allocated by the United States pursuant to that act.

      6.  Except as otherwise provided in subsection 10, the State Fire Marshal shall:

      (a) Investigate any fire which occurs in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature.

      (b) Investigate any fire which occurs in a county whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.

      (c) Cooperate with the Commissioner of Insurance, the Attorney General and the Fraud Control Unit established pursuant to NRS 228.412 in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.

      (d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.

      (e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.

      7.  The State Fire Marshal shall put the National Fire Incident Reporting System into effect throughout the State and publish at least annually a summary of data collected under the System.

      8.  The State Fire Marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.

      9.  The State Fire Marshal shall:

      (a) Except as otherwise provided in subsection 12 and NRS 393.110, assist in checking plans and specifications for construction;

      (b) Provide specialized training to local fire departments; and

      (c) Assist local governments in drafting regulations and ordinances,

Ê on request or as he deems necessary.

 


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ê2009 Statutes of Nevada, Page 1493 (Chapter 332, AB 227)ê

 

      10.  Except as otherwise provided in this subsection, in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, the State Fire Marshal shall, upon request by a local government, delegate to the local government by interlocal agreement all or a portion of his authority or duties if the local government’s personnel and programs are, as determined by the State Fire Marshal, equally qualified to perform those functions. If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the State Fire Marshal shall revoke the agreement. The provisions of this subsection do not apply to the authority of the State Fire Marshal to adopt regulations pursuant to paragraph (b) of subsection 2.

      11.  The State Fire Marshal may, as a public safety officer or as a technical expert on issues relating to hazardous materials, participate in any local, state or federal team or task force that is established to conduct enforcement and interdiction activities involving:

      (a) Commercial trucking;

      (b) Environmental crimes;

      (c) Explosives and pyrotechnics;

      (d) Drugs or other controlled substances; or

      (e) Any similar activity specified by the State Fire Marshal.

      12.  Except as otherwise provided in this subsection, any regulations of the State Fire Marshal concerning matters relating to building codes, including, without limitation, matters relating to the construction, maintenance or safety of buildings, structures and property in this State:

      (a) Do not apply in a county whose population is 400,000 or more which has adopted a code at least as stringent as the International Fire Code and the International Building Code, published by the International Code Council. To maintain the exemption from the applicability of the regulations of the State Fire Marshal pursuant to this subsection, the code of the county must be at least as stringent as the most recently published edition of the International Fire Code and the International Building Code within 1 year after publication of such an edition.

      (b) Apply in a county described in paragraph (a) with respect to state-owned or state-occupied buildings or public schools in the county and in those local jurisdictions in the county in which the State Fire Marshal is requested to exercise that authority by the chief executive officer of that jurisdiction. As used in this paragraph, “public school” has the meaning ascribed to it in NRS 385.007.

      Sec. 18.  The Division of Child and Family Services of the Department of Health and Human Services shall, on or before July 1, 2010, adopt the regulations required pursuant to section 4 of this act, prescribe the form for an application for a license to operate a foster care agency pursuant to section 6 of this act and adopt regulations required pursuant to NRS 424.020, as amended by section 10 of this act.

      Sec. 19.  This act becomes effective upon passage and approval for the purpose of adopting regulations and on January 1, 2011, for all other purposes.

________

 


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

ê2009 Statutes of Nevada, Page 1494ê

 

CHAPTER 333, AB 248

Assembly Bill No. 248–Assemblymen Segerblom, Buckley, Oceguera, Horne, Conklin; Anderson, Kirkpatrick and Mortenson

 

CHAPTER 333

 

AN ACT relating to holding companies; revising provisions relating to the approval of certain mergers or acquisitions of control; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Sections 1 and 2 of this bill revise the circumstances under which the Commissioner of Insurance shall approve certain mergers or acquisitions and changes the process used by the Commissioner to approve those mergers or acquisitions. (NRS 692C.210, 692C.256)

      Section 2 of this bill revises existing law so that certain circumstances related to competition which would have prevented the Commissioner from stopping an acquisition will only need to be considered by the Commissioner before stopping an acquisition. Section 2 also moves the burden from the Commissioner to the acquiring person to prove that no violation of competitive standards will exist after the acquisition. (NRS 692C.256)

      Section 3 of this bill allows the Commissioner to consider the effect of an acquisition on the interest of the insurance-buying public before issuing an order related to that acquisition. (NRS 692C.258)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 692C.210 is hereby amended to read as follows:

      692C.210  1.  Except as otherwise provided in subsection 5, the Commissioner shall approve any merger or other acquisition of control referred to in NRS 692C.180 unless, after a public hearing thereon, he finds that:

      (a) After the change of control, the domestic insurer specified in NRS 692C.180 would not be able to satisfy the requirements for the issuance of a license to write the line or lines of insurance for which it is presently licensed;

      (b) The effect of the merger or other acquisition of control would be substantially to lessen competition in insurance in this State or tend to create a monopoly;

      (c) The financial condition of any acquiring party may jeopardize the financial stability of the insurer, or prejudice the interest of its policyholders or the interests of any remaining security holders who are unaffiliated with the acquiring party;

      (d) The terms of the offer, request, invitation, agreement or acquisition referred to in NRS 692C.180 are unfair and unreasonable to the security holders of the insurer;

      (e) The plans or proposals which the acquiring party has to liquidate the insurer, sell its assets or consolidate or merge it with any person, or to make any other material change in its business or corporate structure or management, are unfair and unreasonable to policyholders of the insurer [and] or not in the public interest;

 


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ê2009 Statutes of Nevada, Page 1495 (Chapter 333, AB 248)ê

 

      (f) The competence, experience and integrity of those persons who would control the operation of the insurer are such that it would not be in the interest of policyholders of the insurer [and] or of the public to permit the merger or other acquisition of control; [or]

      (g) If approved, the merger or acquisition of control would likely be harmful or prejudicial to the members of the public who purchase insurance [.] ; or

      (h) The practices of the applicant in managing claims have evidenced a pattern in which the applicant has knowingly committed, or performed with such frequency as to indicate a general business practice of:

            (1) Misrepresentation of pertinent facts or provisions of policies of insurance as they relate to coverages at issue;

            (2) Failure to affirm or deny coverage of claims within a reasonable time after written proofs of loss have been furnished; or

            (3) Failure to pay claims in a timely manner.

      2.  The public hearing specified in subsection 1 must be held within [30] 60 days after the statement required by NRS 692C.180 has been filed, and at least 20 days’ notice thereof must be given by the Commissioner to the person filing the statement. Not less than 7 days’ notice of the public hearing must be given by the person filing the statement to the insurer and to any other person designated by the Commissioner. The insurer shall give such notice to its security holders. The Commissioner shall make a determination within [30] 60 days after the conclusion of the hearing. If he determines that an infusion of capital to restore capital in connection with the change in control is required, the requirement must be met within 60 days after notification is given of the determination. At the hearing, the person filing the statement, the insurer, any person to whom notice of hearing was sent and any other person whose interests may be affected thereby may present evidence, examine and cross-examine witnesses, and offer oral and written arguments and, in connection therewith, may conduct discovery proceedings in the same manner as is presently allowed in the district court of this State. All discovery proceedings must be concluded not later than 3 days before the commencement of the public hearing.

      3.  The Commissioner may retain at the acquiring party’s expense attorneys, actuaries, accountants and other experts not otherwise a part of his staff as may be reasonably necessary to assist him in reviewing the proposed acquisition of control.

      4.  The period for review by the Commissioner must not exceed the 60 days allowed between the filing of the notice of intent to acquire required pursuant to subsection 2 of NRS 692C.180 and the date of the proposed acquisition if the proposed affiliation or change of control involves a financial institution, or an affiliate of a financial institution, and an insured.

      5.  When making a determination pursuant to paragraph (b) of subsection 1, the Commissioner:

      (a) Shall require the submission of the information specified in subsection 2 of NRS 692C.254; and

      (b) [Shall not disapprove the merger or acquisition of control if he finds that any of the circumstances specified in subsection 3 of NRS 692C.256 exist; and

      (c)] May condition his approval of the merger or acquisition of control in the manner provided in subsection 4 of NRS 692C.258.

 


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ê2009 Statutes of Nevada, Page 1496 (Chapter 333, AB 248)ê

 

      6.  If, in connection with a change of control of a domestic insurer, the Commissioner determines that the person who is acquiring control of the domestic insurer must maintain or restore the capital of the domestic insurer in an amount that is required by the laws and regulations of this State, the Commissioner shall make the determination not later than 60 days after the notice of intent to acquire required pursuant to subsection 2 of NRS 692C.180 is filed with the Commissioner.

      Sec. 2.  NRS 692C.256 is hereby amended to read as follows:

      692C.256  1.  The Commissioner may issue an order pursuant to NRS 692C.258 relating to an acquisition if:

      (a) The effect of the acquisition may substantially lessen competition in any line of insurance in this State or tend to create a monopoly; or

      (b) The acquiring person fails to file sufficient materials or information pursuant to NRS 692C.254.

      2.  In determining whether to issue an order pursuant to subsection 1, the Commissioner shall consider the standards set forth in the Horizontal Merger Guidelines issued by the United States Department of Justice and the Federal Trade Commission and in effect at the time the Commissioner receives the notice required pursuant to NRS 692C.254.

      3.  The Commissioner shall [not issue] , before issuing an order specified in subsection 1 [:] , consider:

      (a) If:

            (1) The acquisition creates substantial economies of scale or economies in the use of resources that may not be created in any other manner; and

            (2) The public benefit received from those economies exceeds the public benefit received from not lessening competition; or

      (b) If:

            (1) The acquisition substantially increases the availability of insurance; and

            (2) The public benefit received by that increase exceeds the public benefit received from not lessening competition.

      4.  The public benefits set forth in subparagraph 2 of paragraphs (a) and (b) of subsection 3 may be considered together, as applicable, in assessing whether the public benefits received from the acquisition exceed any benefit to competition that would arise from disapproving the acquisition.

      5.  The [Commissioner] acquiring person has the burden of establishing that the acquisition will not result in a violation of the competitive standard set forth in subsection 1.

      Sec. 3.  NRS 692C.258 is hereby amended to read as follows:

      692C.258  1.  Except as otherwise provided in this section, if the Commissioner determines that an acquisition may substantially lessen competition in any line of insurance in this State , [or] tends to create a monopoly [,] or is not in the interest of members of the public who purchase insurance, he may issue an order:

      (a) Requiring an involved insurer to cease and desist from doing business in this State relating to that line of insurance; or

      (b) Denying the application of an acquired or acquiring insurer for a license or authority to do business in this State.

      2.  The Commissioner shall not issue an order pursuant to subsection 1 unless:

 


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ê2009 Statutes of Nevada, Page 1497 (Chapter 333, AB 248)ê

 

      (a) He conducts a hearing concerning the acquisition in accordance with NRS 679B.310 to 679B.370, inclusive;

      (b) A notice of the hearing is issued before the expiration of the waiting period for the acquisition specified in NRS 692C.254, but not less than 15 days before the hearing; and

      (c) The hearing is conducted and the order is issued not later than 60 days after the expiration of the waiting period.

      3.  Each order issued pursuant to subsection 1 must include a written decision of the Commissioner setting forth his findings of fact and conclusions of law relating to the acquisition.

      4.  An order issued pursuant to this section does not become final until 30 days after it is issued, during which time the involved insurer may submit to the Commissioner a plan to remedy, within a reasonable period, the anticompetitive effect of the acquisition [.] or the failure to protect the interest of members of the public who purchase insurance. As soon as practicable after receiving the plan, the Commissioner shall, based upon the plan and any information included in the plan, issue a written determination setting forth:

      (a) The conditions or actions, if any, required to:

            (1) Eliminate the anticompetitive effect of the acquisition [;] or protect the interest of members of the public who purchase insurance; and

            (2) Vacate or modify the order; and

      (b) The period in which the conditions or actions specified in paragraph (a) must be performed.

      5.  An order issued pursuant to subsection 1 does not apply to an acquisition that is not consummated.

      6.  A person who violates a cease and desist order issued pursuant to this section during any period in which the order is in effect is subject, at the discretion of the Commissioner, to:

      (a) The imposition of a civil penalty of not more than $10,000 per day for each day the violation continues;

      (b) The suspension or revocation of the person’s license or certificate of authority; or

      (c) Both the imposition of a civil penalty pursuant to paragraph (a) and the suspension or revocation of the person’s license or certificate of authority pursuant to paragraph (b).

      7.  In addition to any fine imposed pursuant to NRS 692C.480, any insurer or other person who fails to make any filing required by NRS 692C.252 to 692C.258, inclusive, and who fails to make a good faith effort to comply with any such requirement is subject to a fine of not more than $50,000.

      8.  The provisions of NRS 692C.430, 692C.440 and 692C.460 do not apply to an acquisition to which the provisions of NRS 692C.252 apply.

________

 


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ê2009 Statutes of Nevada, Page 1498ê

 

CHAPTER 334, AB 249

Assembly Bill No. 249–Assemblymen Hardy, Horne; Conklin, Dondero Loop, Gansert, Hambrick, Hogan, Koivisto, Manendo, Smith, Spiegel and Stewart

 

Joint Sponsors: Senators Hardy, Cegavske; Copening and Woodhouse

 

CHAPTER 334

 

AN ACT relating to public health; authorizing a district health officer or his designee who orders the extermination or abatement of mosquitoes, flies, other insects, rats or their breeding places to take certain actions to abate the nuisance; authorizing a district health officer to order an owner of real property to abate and prevent the recurrence of such a nuisance; providing that all money expended by the health district in abating and preventing the recurrence of such a nuisance constitutes a lien upon the property; authorizing the health district to bring an action to foreclose the lien; providing a district board of health with certain authority relating to the protection of the public health and safety with respect to residential property, rental dwelling units and commercial property; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Section 1.5 of this bill provides that the provisions of sections 1.5-4.5 of this bill apply to any health district created pursuant to NRS 439.362 or 439.370 (currently the Southern Nevada Health District in Clark County and the Washoe County Health District). Existing law authorizes health officers in this State to order the abatement or removal of any nuisance detrimental to the public health. (NRS 439.490) Section 2 of this bill provides that a district health officer or his designee who orders the extermination or abatement of mosquitoes, flies, other insects, rats or any breeding place thereof may authorize and take certain actions to abate the nuisance. Section 3 of this bill authorizes the district health officer to order the owner of any real property to abate and prevent the recurrence of such a nuisance. The health officer is required to provide notice of the order to the owner by mail addressed to the last known address of the owner. Section 3 provides that if the owner does not abate the nuisance within the period specified in the order, the health district is required to abate the nuisance and take any action necessary to prevent its recurrence. Section 4 of this bill provides that all money expended by the health district in abating the nuisance and preventing its recurrence constitutes a lien upon the real property which may be recovered in an action against the property.

      Existing law provides that a district board of health may, by affirmative vote of a majority of its members, adopt certain regulations which take effect immediately upon approval of the regulations by the State Board of Health. (NRS 439.366) Section 4.5 of this bill specifically authorizes a district board of health to adopt regulations relating to any health hazard on residential property, any health hazard in a rental dwelling unit or any health hazard on commercial property. Section 4.5 also authorizes a district board of health to adopt regulations to ensure the enforcement of laws that protect the public health and safety associated with the condition of residential property, rental dwelling units and commercial property. In addition, section 4.5 authorizes a district board of health, in carrying out its duties relating to the protection of the public health and safety associated with the condition of residential property, rental dwelling units and commercial property, to take any enforcement action it determines necessary and to establish an administrative hearing process.

 


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ê2009 Statutes of Nevada, Page 1499 (Chapter 334, AB 249)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 4.5, inclusive, of this act.

      Sec. 1.5.  The provisions of sections 1.5 to 4.5, inclusive, of this act apply to any health district created pursuant to NRS 439.362 or 439.370.

      Sec. 2.  A district health officer or his designee who issues an order for the extermination or abatement of mosquitoes, flies, other insects, rats or any breeding place thereof may authorize and take any action necessary to abate the nuisance or prevent its recurrence, including, without limitation:

      1.  Abate any stagnant pool of water or other breeding place for mosquitoes, flies, other insects or rats;

      2.  Treat with oil, other larvicidal material, other chemicals or other material any breeding place of mosquitoes, flies, other insects or rats;

      3.  Build, construct, repair and maintain necessary dikes, levees, cuts, canals or ditches upon any land, and acquire by purchase, condemnation or other lawful means, in the name of the health district, any land, right-of-way, easement, property or material necessary for the extermination or abatement of mosquitoes, flies, other insects, rats or any breeding place thereof;

      4.  Enter into contracts to indemnify or compensate any owner of real or other property for any injury or damage caused by the use or taking of property for dikes, levees, cuts, canals or ditches;

      5.  Enter upon without hindrance any land, within or without the health district, to determine whether breeding places of mosquitoes, flies, other insects or rats exist upon that land; and

      6.  Determine whether any person subject to an order issued pursuant to section 3 of this act has complied with the order.

      Sec. 3.  1.  A district health officer may issue an order requiring an owner of real property to abate and prevent the recurrence of any mosquitoes, flies, other insects, rats or any breeding place thereof by providing notice of the order to the owner by mail addressed to the last known address of the owner. The order must:

      (a) Provide that the owner shall abate the nuisance and prevent its recurrence; and

      (b) Specify the period within which the abatement must be completed.

      2.  If the owner of the real property does not comply with the order within the time specified, the health district shall abate the nuisance and take all necessary steps to prevent its recurrence.

      Sec. 4.  1.  All money expended by a health district in abating a nuisance and preventing its recurrence on real property pursuant to section 3 of this act constitutes a lien upon the property and may be recovered by an action against the property.

      2.  Notice of the lien must be filed and recorded by the health district in the office of the county recorder of the county in which the property is situated not later than 6 months after the date on which the health district completes the abatement.

 


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ê2009 Statutes of Nevada, Page 1500 (Chapter 334, AB 249)ê

 

      3.  Any action to foreclose the lien must be commenced not later than 6 months after the filing and recording of the notice of the lien.

      4.  An action commenced pursuant to subsection 3 must be brought by the health district in the name of the health district.

      5.  When the property is sold, enough of the proceeds to satisfy the lien and the costs of foreclosure must be paid to the health district and the surplus, if any, must be paid to the owner of the property if known, and if not known, must be paid into the court in which the lien was foreclosed for the use of the owner if ascertained.

      Sec. 4.5.  1.  In addition to any other powers, duties and authority conferred on a district board of health, the district board of health may by affirmative vote of a majority of all the members of the board adopt regulations consistent with law, which must take effect immediately on their approval by the State Board of Health, to:

      (a) Regulate any health hazard on residential property;

      (b) Regulate any health hazard in a rental dwelling unit; and

      (c) Regulate any health hazard on commercial property.

      2.  The district board of health may adopt regulations to ensure the enforcement of laws that protect the public health and safety associated with the condition of rental dwelling units and to recover all costs incurred by the district board of health relating thereto. Any regulation adopted pursuant to this subsection must be provided by the landlord of a rental dwelling unit to a tenant upon request to ensure that the landlord and the tenant understand their respective rights and responsibilities clearly.

      3.  In carrying out its duties relating to the protection of the public health and safety associated with the condition of rental dwelling units, the district board of health may:

      (a) Take any enforcement action it determines necessary; and

      (b) Establish an administrative hearing process, including, without limitation, the hiring of qualified hearing officers.

      4.  If a tenant of a rental dwelling unit provides written notice to the landlord pursuant to NRS 118A.355 specifying a failure by the landlord to maintain the dwelling unit in a habitable condition and requesting that the landlord remedy the failure and the landlord fails to remedy the failure or to make a reasonable effort to do so within the time prescribed in NRS 118A.355, the tenant may, in addition to any remedy provided in NRS 118A.355, provide to the district board of health a copy of the written notice that the tenant provided to the landlord. If, upon inspection of the dwelling unit, the district board of health determines that either the landlord or the tenant has failed to maintain the dwelling unit in a habitable condition, the district board of health may refer the matter to the administrative hearing process if established pursuant to subsection 3 or take any action with respect to the dwelling unit which is authorized by this section or the regulations adopted pursuant thereto.

      5.  Before the adoption, amendment or repeal of a regulation, the district board of health must give at least 30 days’ notice of its intended action. The notice must:

      (a) Include a statement of either the terms or substance of the proposal or a description of the subjects and issues involved and of the time when, the place where and the manner in which interested persons may present their views thereon;

 


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ê2009 Statutes of Nevada, Page 1501 (Chapter 334, AB 249)ê

 

      (b) State each address at which the text of the proposal may be inspected and copied; and

      (c) Be mailed to all persons who have requested in writing that they be placed on a mailing list, which must be kept by the board for such purpose.

      6.  All interested persons must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing, on the intended action to adopt, amend or repeal the regulation. With respect to substantive regulations, the district board of health shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposal and requests an oral hearing, the district board of health may proceed immediately to act upon any written submissions. The district board of health shall consider fully all written and oral submissions respecting the proposal.

      7.  The district board of health shall file a copy of all of its adopted regulations with the county clerk.

      8.  As used in this section:

      (a) “Commercial property” means any real property which is not used as a dwelling unit and is not occupied as, or designed or intended for occupancy as, a residence or sleeping place.

      (b) “Dwelling unit” has the meaning ascribed to it in NRS 118A.080.

      (c) “Health hazard” means any biological, physical or chemical exposure, condition or public nuisance that may adversely affect the health of a person.

      Secs. 5 and 6.  (Deleted by amendment.)

      Sec. 7.  NRS 439.490 is hereby amended to read as follows:

      439.490  Every health officer [shall have authority to] or his designee may order the abatement or removal of any nuisance detrimental to the public health in accordance with the laws relating to such matters.

      Sec. 8.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 1502ê

 

CHAPTER 335, AB 254

Assembly Bill No. 254–Assemblymen Denis and Kihuen

 

CHAPTER 335

 

AN ACT relating to the Department of Business and Industry; making the Ombudsman of Consumer Affairs for Minorities a permanent position within the Office of the Director of the Department; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      The 2007 Legislature created the Office of Ombudsman of Consumer Affairs for Minorities within the Consumer Affairs Division of the Department of Business and Industry as a temporary position for the 2007-2009 biennium. (Chapter 348, Statutes of Nevada 2007, pp. 1662, 1676) This bill makes the Ombudsman of Consumer Affairs for Minorities a permanent position within the Office of the Director of the Department.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Office of Ombudsman of Consumer Affairs for Minorities is hereby created within the Office of the Director. The Ombudsman shall:

      (a) Provide for continued educational, outreach and service programs for minority groups pertaining to consumer fraud; and

      (b) Assist the Nevada Commission on Minority Affairs created by NRS 232.852.

      2.  The Director shall appoint the Ombudsman of Consumer Affairs for Minorities.

      3.  The Ombudsman of Consumer Affairs for Minorities is:

      (a) In the unclassified service of the State.

      (b) Directly responsible to the Director.

      Sec. 2.  NRS 232.505 is hereby amended to read as follows:

      232.505  As used in NRS 232.505 to 232.840, inclusive, and section 1 of this act, unless the context requires otherwise:

      1.  “Department” means the Department of Business and Industry.

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

      Sec. 3.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 1503ê

 

CHAPTER 336, AB 262

Assembly Bill No. 262–Committee on Judiciary

 

CHAPTER 336

 

AN ACT relating to marriage; allowing certain married persons to remarry each other; revising provisions governing the documentation a person is required to present to obtain a marriage license; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that a person cannot marry another person if he or she has a wife or husband living. (NRS 122.020) Section 1.9 of this bill provides that if a male and female are the husband and wife of each other and the record of their marriage has been lost or destroyed or is otherwise unobtainable, they may be rejoined in marriage. Section 5.47 of this bill provides that, if a husband and wife are rejoined in marriage, the marriage certificate issued to the couple must state that the marriage certificate is replacing a record of marriage that has been lost or destroyed or is otherwise unavailable.

      Section 3 of this bill provides that in the application for a marriage license: (1) proof of an applicant’s name and age may be evidenced by a birth certificate and either any secondary document that contains the applicant’s name and a photograph of the applicant, or any document for which identification must be verified as a condition for receipt of the document; (2) if the applicant appears over 25 years of age, documented proof of age is not required; (3) an applicant cannot be denied a marriage license for stating that he does not have a social security number or stating that an answer to a question on the application is unknown; and (4) a parent giving consent to a minor to marry can prove his relationship with the minor using the minor’s birth certificate. (NRS 122.040)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-1.8.  (Deleted by amendment.)

      Sec. 1.9.  NRS 122.020 is hereby amended to read as follows:

      122.020  1.  [A] Except as otherwise provided in this section, a male and a female person, at least 18 years of age, not nearer of kin than second cousins or cousins of the half blood, and not having a husband or wife living, may be joined in marriage.

      2.  A male and a female person who are the husband and wife of each other may be rejoined in marriage if the record of their marriage has been lost or destroyed or is otherwise unobtainable.

      3.  A person at least 16 years of age but less than 18 years of age may marry only if he has the consent of:

      (a) Either parent; or

      (b) His legal guardian.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  NRS 122.040 is hereby amended to read as follows:

      122.040  1.  Before persons may be joined in marriage, a license must be obtained for that purpose from the county clerk of any county in the State. Except as otherwise provided in this subsection, the license must be issued at the county seat of that county. The board of county commissioners:

 


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ê2009 Statutes of Nevada, Page 1504 (Chapter 336, AB 262)ê

 

      (a) In a county whose population is 400,000 or more:

            (1) Shall designate one branch office of the county clerk at which marriage licenses may be issued and shall establish and maintain the designated branch office in an incorporated city whose population is 150,000 or more but less than 300,000; and

            (2) May, in addition to the branch office described in subparagraph (1), at the request of the county clerk, designate not more than four branch offices of the county clerk at which marriage licenses may be issued, if the designated branch offices are located outside of the county seat.

      (b) In a county whose population is less than 400,000 may, at the request of the county clerk, designate one branch office of the county clerk at which marriage licenses may be issued, if the designated branch office is established in a county office building which is located outside of the county seat.

      2.  [Before] Except as otherwise provided in this section, before issuing a marriage license, the county clerk shall require each applicant to provide proof of the applicant’s name and age. The county clerk may accept as proof of the applicant’s name and age an original or certified copy of any of the following:

      (a) A driver’s license, instruction permit or identification card issued by this State or another state, the District of Columbia or any territory of the United States.

      (b) A passport.

      (c) A birth certificate and [a] :

            (1) Any secondary [form of identification] document that contains the name and a photograph of the applicant [.] ; or

            (2) Any document for which identification must be verified as a condition to receipt of the document.

Ê If the birth certificate is written in a language other than English, the county clerk may request that the birth certificate be translated into English and notarized.

      (d) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States.

      (e) A Certificate of Citizenship, Certificate of Naturalization, Permanent Resident Card or Temporary Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.

      (f) Any other document that [the county clerk determines] provides [proof of] the applicant’s name and age. If the applicant clearly appears over the age of 25 years, no documentation of proof of age is required.

      3.  Except as otherwise provided in subsection 4, the county clerk issuing the license shall require each applicant to answer under oath each of the questions contained in the form of license. The county clerk shall , except as otherwise provided in this subsection, require each applicant to include the applicant’s social security number on the affidavit of application for the marriage license. If a person does not have a social security number, the person must state that fact. The county clerk shall not require any evidence to verify a social security number. If any of the information required is unknown to the person, the person must state that the answer is unknown.

 


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ê2009 Statutes of Nevada, Page 1505 (Chapter 336, AB 262)ê

 

unknown to the person, the person must state that the answer is unknown. The county clerk shall not deny a license to an applicant who states that he does not have a social security number or who states that any requested information concerning the applicant’s parents is unknown.

      4.  Upon finding that extraordinary circumstances exist which result in only one applicant being able to appear before the county clerk, the county clerk may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk, or may refer the applicant to the district court. If the applicant is referred to the district court, the district court may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk. If the district court waives the requirements of subsection 3, the district court shall notify the county clerk in writing. If the county clerk or the district court waives the requirements of subsection 3, the county clerk shall require the applicant who is able to appear before the county clerk to:

      (a) Answer under oath each of the questions contained in the form of license. The applicant shall answer any questions with reference to the other person named in the license.

      (b) Include the applicant’s social security number and the social security number of the other person named in the license on the affidavit of application for the marriage license. If either person does not have a social security number, the person responding to the question must state that fact. The county clerk shall not require any evidence to verify a social security number.

Ê If any of the information required on the application is unknown to the person responding to the question, the person must state that the answer is unknown. The county clerk shall not deny a license to an applicant who states that he does not have a social security number or who states that any requested information concerning the parents of either the person who is responding to the question or the person who is unable to appear is unknown.

      5.  If any of the persons intending to marry are under age and have not been previously married, and if the authorization of a district court is not required, the clerk shall issue the license if the consent of the parent or guardian is:

      (a) Personally given before the clerk;

      (b) Certified under the hand of the parent or guardian, attested by two witnesses, one of whom must appear before the clerk and make oath that he saw the parent or guardian subscribe his name to the annexed certificate, or heard him or her acknowledge it; or

      (c) In writing, subscribed to and acknowledged before a person authorized by law to administer oaths. A facsimile of the acknowledged writing must be accepted if the original is not available.

      6.  If a parent giving consent to the marriage of a minor pursuant to subsection 5 has a last name different from that of the minor seeking to be married, the county clerk shall accept, as proof that the parent is the legal parent of the minor, a certified copy of the birth certificate of the minor which shows the parent’s first and middle name and which matches the first and middle name of the parent on any document listed in subsection 2.

 


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ê2009 Statutes of Nevada, Page 1506 (Chapter 336, AB 262)ê

 

      7.  If the authorization of a district court is required, the county clerk shall issue the license if that authorization is given to him in writing.

      [7.] 8.  All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010.

      [8.] 9.  A marriage license issued on or after July 1, 1987, expires 1 year after its date of issuance.

      Secs. 3.5-5.3.  (Deleted by amendment.)

      Sec. 5.35.  NRS 122.061 is hereby amended to read as follows:

      122.061  1.  In any county whose population is 100,000 or more, the main office of the county clerk where marriage licenses may be issued must be open to the public for the purpose of issuing such licenses from 8 a.m. to 12 [p.m.] a.m. every day including holidays, and may remain open at other times. The board of county commissioners shall determine the hours during which a branch office of the county clerk where marriage licenses may be issued must remain open to the public.

      2.  In all other counties, the board of county commissioners shall determine the hours during which the offices where marriage licenses may be issued must remain open to the public.

      Secs. 5.4 and 5.43.  (Deleted by amendment.)

      Sec. 5.47.  NRS 122.120 is hereby amended to read as follows:

      122.120  1.  After a marriage is solemnized, the person solemnizing the marriage shall give to each couple being married a certificate of marriage.

      2.  The certificate of marriage must contain the date of birth of each applicant as contained in the form of marriage license pursuant to NRS 122.050. If a male and female person who are the husband and wife of each other are being rejoined in marriage pursuant to subsection 2 of NRS 122.020, the certificate of marriage must state that the male and female person were rejoined in marriage and that the certificate is replacing a record of marriage which was lost or destroyed or is otherwise unobtainable. The certificate of marriage must be in substantially the following form:

 

State of Nevada

Marriage Certificate

 

State of Nevada                                    }

                                                                }ss.

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

 

      This is to certify that the undersigned, ................................ (a minister of the gospel, judge, justice of the peace of ................................ County, commissioner of civil marriages or deputy commissioner of civil marriages, as the case may be), did on the ................ day of the month of ………. of the year ..............., at ................ (address or church), ................ (city), Nevada, join or rejoin, as the case may be, in lawful wedlock ................ (name), of ................ (city), State of ................, date of birth ................, and ................ (name), of ................(city), State of ................, date of birth ................, with their mutual consent, in the presence of ................ and ................ (witnesses). (If a male and female person who are the husband and wife of each other are being rejoined in marriage pursuant to subsection 2 of NRS 122.020, this certificate replaces the record of the marriage of the male and female person who are being rejoined in marriage.)

 


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ê2009 Statutes of Nevada, Page 1507 (Chapter 336, AB 262)ê

 

are being rejoined in marriage pursuant to subsection 2 of NRS 122.020, this certificate replaces the record of the marriage of the male and female person who are being rejoined in marriage.)

 

                                                                ................................................................

                                                                      Signature of person performing

(Seal of County Clerk)                                             the marriage

 

                                                                ................................................................

                                                                    Name under signature typewritten

                                                                              or printed in black ink

 

...............................................................

                  County Clerk

 

                                                                ................................................................

                                                                    Official title of person performing

                                                                                       the marriage

 

...............................................................

 

...............................................................

        Couple’s mailing address

 

      3.  All information contained in the certificate of marriage must be typewritten or legibly printed in black ink, except the signatures. The signature of the person performing the marriage must be an original signature.

      Secs. 5.5 and 5.6.  (Deleted by amendment.)

      Sec. 6.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 1508ê

 

CHAPTER 337, AB 283

Assembly Bill No. 283–Assemblyman Manendo (by request)

 

CHAPTER 337

 

AN ACT relating to victims of crime; increasing the amount of compensation that may be awarded to certain victims of crime, the dependents of those victims and certain members of the victim’s household; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Existing law establishes the Fund for the Compensation of Victims of Crime. (NRS 217.260) The victims of certain crimes, the dependents of those victims and certain members of the victim’s household may apply to the State Board of Examiners for compensation from the Fund for certain expenses and losses, not to exceed $50,000 per award. (NRS 217.100, 217.160, 217.200) This bill increases the amount of compensation that may be awarded to $100,000 and further authorizes an additional award of up to $50,000 in certain circumstances.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 217.200 is hereby amended to read as follows:

      217.200  1.  The compensation officer may order the payment of compensation and the award of a Governor’s certificate for meritorious citizen’s service to a victim for:

      (a) Medical expenses, expenses for psychological counseling and nonmedical remedial care and treatment rendered in accordance with a religious method of healing [,] that are actually and reasonably incurred as a result of the personal injury or death of the victim;

      (b) Loss of earnings or support that is reasonably incurred as a result of the total or partial incapacity of the victim for not longer than 52 weeks;

      (c) Pecuniary loss to the dependents of a deceased victim;

      (d) Funeral expenses that are actually and reasonably incurred as a result of the death of the victim; and

      (e) Another loss which results from the personal injury or death of the victim and which the compensation officer determines to be reasonable.

      2.  The compensation officer may order the payment of compensation for a person who pays the funeral expenses of a victim.

      3.  [An] Except as otherwise provided in subsection 4, an award must not be made for more than [$50,000.] $100,000.

      4.  Upon approval of the Board, an additional award of not more than $50,000 may be made to a victim. Before approving such an additional award, the Board must consider the amount of money remaining in the Fund for the Compensation of Victims of Crime created pursuant to NRS 217.260 and the particular circumstances of the victim.

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

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ê2009 Statutes of Nevada, Page 1509ê

 

CHAPTER 338, AB 287

Assembly Bill No. 287–Assemblymen Horne, Atkinson, Conklin, Oceguera; Anderson, Arberry, Buckley, Hambrick, Kirkpatrick, Manendo, Mortenson, Segerblom and Spiegel

 

Joint Sponsor: Senator Parks

 

CHAPTER 338

 

AN ACT relating to appraisals of real estate; prohibiting the improper influence of the results of an appraisal under certain circumstances; revising provisions governing unprofessional conduct and disciplinary action for appraisers; prohibiting certain professionals from improperly influencing the results of an appraisal; providing for the registration and regulation of appraisal management companies; revising the requirements for continuing education for appraisers; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Section 4 of this bill prohibits certain persons from improperly influencing or attempting to improperly influence the development, reporting, result or review of an appraisal under certain circumstances. Sections 1, 2, 24 and 27 of this bill apply this prohibition to real estate brokers and salesmen, mortgage brokers and agents, appraisers and mortgage bankers.

      Section 25 of this bill revises provisions setting forth unprofessional conduct for an appraiser to expand the scope of conduct that is considered unprofessional with regard to appraising real estate when the appraiser’s compensation is affected by the appraised value of the real estate.

      Sections 5-22 and 26 of this bill provide for the registration and regulation of appraisal management companies.

      Section 23 of this bill revises the requirements for continuing education for appraisers.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 645.635 is hereby amended to read as follows:

      645.635  The Commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:

      1.  Offering real estate for sale or lease without the knowledge and consent of the owner or his authorized agent or on terms other than those authorized by the owner or his authorized agent.

      2.  Negotiating a sale, exchange or lease of real estate, or communicating after such negotiations but before closing, directly with a client if he knows that the client has a brokerage agreement in force in connection with the property granting an exclusive agency, including, without limitation, an exclusive right to sell to another broker, unless permission in writing has been obtained from the other broker.

      3.  Failure to deliver within a reasonable time a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser or to the seller, except as otherwise provided in subsection 4 of NRS 645.254.

 


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ê2009 Statutes of Nevada, Page 1510 (Chapter 338, AB 287)ê

 

      4.  Failure to deliver to the seller in each real estate transaction, within 10 business days after the transaction is closed, a complete, detailed closing statement showing all of the receipts and disbursements handled by him for the seller, failure to deliver to the buyer a complete statement showing all money received in the transaction from the buyer and how and for what it was disbursed, or failure to retain true copies of those statements in his files. The furnishing of those statements by an escrow holder relieves the broker’s, broker-salesman’s or salesman’s responsibility and must be deemed to be in compliance with this provision.

      5.  Representing to any lender, guaranteeing agency or any other interested party, verbally or through the preparation of false documents, an amount in excess of the actual sale price of the real estate or terms differing from those actually agreed upon.

      6.  Failure to produce any document, book or record in his possession or under his control, concerning any real estate transaction under investigation by the Division.

      7.  Failure to reduce a bona fide offer to writing where a proposed purchaser requests that it be submitted in writing, except as otherwise provided in subsection 4 of NRS 645.254.

      8.  Failure to submit all written bona fide offers to a seller when the offers are received before the seller accepts an offer in writing and until the broker has knowledge of that acceptance, except as otherwise provided in subsection 4 of NRS 645.254.

      9.  Refusing because of race, color, national origin, sex or ethnic group to show, sell or rent any real estate for sale or rent to qualified purchasers or renters.

      10.  Knowingly submitting any false or fraudulent appraisal to any financial institution or other interested person.

      11.  Any violation of section 4 of this act.

      Sec. 2.  NRS 645B.670 is hereby amended to read as follows:

      645B.670  Except as otherwise provided in NRS 645B.690:

      1.  For each violation committed by an applicant for a license issued pursuant to this chapter, whether or not he is issued a license, the Commissioner may impose upon the applicant an administrative fine of not more than $10,000 [,] if the applicant:

      (a) Has knowingly made or caused to be made to the Commissioner any false representation of material fact;

      (b) Has suppressed or withheld from the Commissioner any information which the applicant possesses and which, if submitted by him, would have rendered the applicant ineligible to be licensed pursuant to the provisions of this chapter; or

      (c) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner in completing and filing his application for a license or during the course of the investigation of his application for a license.

      2.  For each violation committed by a mortgage broker, the Commissioner may impose upon the mortgage broker an administrative fine of not more than $10,000, may suspend, revoke or place conditions upon his license, or may do both, if the mortgage broker, whether or not acting as such:

 


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ê2009 Statutes of Nevada, Page 1511 (Chapter 338, AB 287)ê

 

      (a) Is insolvent;

      (b) Is grossly negligent or incompetent in performing any act for which he is required to be licensed pursuant to the provisions of this chapter;

      (c) Does not conduct his business in accordance with law or has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner;

      (d) Is in such financial condition that he cannot continue in business with safety to his customers;

      (e) Has made a material misrepresentation in connection with any transaction governed by this chapter;

      (f) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the mortgage broker knew or, by the exercise of reasonable diligence, should have known;

      (g) Has knowingly made or caused to be made to the Commissioner any false representation of material fact or has suppressed or withheld from the Commissioner any information which the mortgage broker possesses and which, if submitted by him, would have rendered the mortgage broker ineligible to be licensed pursuant to the provisions of this chapter;

      (h) Has failed to account to persons interested for all money received for a trust account;

      (i) Has refused to permit an examination by the Commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the Commissioner pursuant to the provisions of this chapter or a regulation adopted pursuant to this chapter;

      (j) Has been convicted of, or entered a plea of nolo contendere to, a felony relating to the practice of mortgage brokers or any crime involving fraud, misrepresentation or moral turpitude;

      (k) Has refused or failed to pay, within a reasonable time, any fees, assessments, costs or expenses that the mortgage broker is required to pay pursuant to this chapter or a regulation adopted pursuant to this chapter;

      (l) Has failed to satisfy a claim made by a client which has been reduced to judgment;

      (m) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;

      (n) Has commingled the money or other property of a client with his own or has converted the money or property of others to his own use;

      (o) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice;

      (p) Has repeatedly violated the policies and procedures of the mortgage broker;

      (q) Has failed to exercise reasonable supervision over the activities of a mortgage agent as required by NRS 645B.460;

      (r) Has instructed a mortgage agent to commit an act that would be cause for the revocation of the license of the mortgage broker, whether or not the mortgage agent commits the act;

      (s) Has employed a person as a mortgage agent or authorized a person to be associated with the mortgage broker as a mortgage agent at a time when the mortgage broker knew or, in light of all the surrounding facts and circumstances, reasonably should have known that the person:

 


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ê2009 Statutes of Nevada, Page 1512 (Chapter 338, AB 287)ê

 

            (1) Had been convicted of, or entered a plea of nolo contendere to, a felony relating to the practice of mortgage agents or any crime involving fraud, misrepresentation or moral turpitude; or

            (2) Had a financial services license or registration suspended or revoked within the immediately preceding 10 years;

      (t) Has violated section 4 of this act;

      (u) Has failed to pay a tax as required pursuant to the provisions of chapter 363A of NRS; or

      [(u)] (v) Has not conducted verifiable business as a mortgage broker for 12 consecutive months, except in the case of a new applicant. The Commissioner shall determine whether a mortgage broker is conducting business by examining the monthly reports of activity submitted by the mortgage broker or by conducting an examination of the mortgage broker.

      3.  For each violation committed by a mortgage agent, the Commissioner may impose upon the mortgage agent an administrative fine of not more than $10,000, may suspend, revoke or place conditions upon his license, or may do both, if the mortgage agent, whether or not acting as such:

      (a) Is grossly negligent or incompetent in performing any act for which he is required to be licensed pursuant to the provisions of this chapter;

      (b) Has made a material misrepresentation in connection with any transaction governed by this chapter;

      (c) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the mortgage agent knew or, by the exercise of reasonable diligence, should have known;

      (d) Has knowingly made or caused to be made to the Commissioner any false representation of material fact or has suppressed or withheld from the Commissioner any information which the mortgage agent possesses and which, if submitted by him, would have rendered the mortgage agent ineligible to be licensed pursuant to the provisions of this chapter;

      (e) Has been convicted of, or entered a plea of nolo contendere to, a felony relating to the practice of mortgage agents or any crime involving fraud, misrepresentation or moral turpitude;

      (f) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;

      (g) Has commingled the money or other property of a client with his own or has converted the money or property of others to his own use;

      (h) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice;

      (i) Has violated section 4 of this act;

      (j) Has repeatedly violated the policies and procedures of the mortgage broker with whom he is associated or by whom he is employed; or

      [(j)] (k) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner or has assisted or offered to assist another person to commit such a violation.

      Sec. 3.  Chapter 645C of NRS is hereby amended by adding thereto [a new section to read as follows:] the provisions set forth as sections 4 to 21, inclusive, of this act.

      Sec. 4.  1.  A person with an interest in a real estate transaction involving an appraisal shall not improperly influence or attempt to improperly influence, through coercion, extortion or bribery, the development, reporting, result or review of the appraisal.

 


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ê2009 Statutes of Nevada, Page 1513 (Chapter 338, AB 287)ê

 

      2.  Subsection 1 does not prohibit a person with an interest in a real estate transaction from requesting that an appraiser:

      (a) Consider additional appropriate property information;

      (b) Provide further detail, substantiation or explanation for the appraiser’s conclusion as to value; or

      (c) Correct errors in his appraisal.

      Sec. 5.  “Appraisal firm” means a person, limited-liability company, partnership, association or corporation:

      1.  Which, for compensation, prepares and communicates appraisals;

      2.  Whose principal is an appraiser licensed pursuant to chapter 645C of NRS; and

      3.  Whose principal supervises, trains and reviews work product produced by the persons who produce appraisals for the person, limited-liability company, partnership, association or corporation, including, without limitation, employees and independent contractors.

      Sec. 6.  1.  “Appraisal management company” means a person, limited-liability company, partnership, association or corporation which for compensation:

      (a) Functions as a third-party intermediary between an appraiser and a user of real estate appraisal services;

      (b) Administers a network of appraisers performing real estate appraisal services as independent contractors;

      (c) Enters into an agreement to provide real estate appraisal services with a user of such services and one or more appraisers performing such services as independent contractors; or

      (d) Otherwise serves as a third-party broker of appraisal services.

      2.  The term does not include:

      (a) An appraisal firm;

      (b) Any person licensed to practice law in this State who orders an appraisal in connection with a bona fide client relationship when that person directly contracts with an independent appraiser;

      (c) Any person or entity that contracts with an independent appraiser acting as an independent contractor for the completion of appraisal assignments that the person or entity cannot complete for any reason, including, without limitation, competency, workload, scheduling or geographic location; and

      (d) Any person or entity that contracts with an independent appraiser acting as an independent contractor for the completion of a real estate appraisal assignment and, upon the completion of such an assignment, cosigns the appraisal report with the independent appraiser acting as an independent contractor.

      Sec. 7.  If the Commission imposes a fine or a penalty or the Division collects an amount for the registration of an appraisal management company, the Commission or Division, as applicable, shall deposit the amount collected with the State Treasurer for credit to the State General Fund. The Commission may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay an attorney’s fee or the cost of an investigation, or both.

      Sec. 8.  Except as otherwise provided in section 9 of this act, it is unlawful for any person, limited-liability company, partnership, association or corporation to engage in the business of, act in the capacity of, advertise or assume to act as an appraisal management company without first obtaining a registration from the Division pursuant to sections 7 to 21, inclusive, of this act.

 


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ê2009 Statutes of Nevada, Page 1514 (Chapter 338, AB 287)ê

 

capacity of, advertise or assume to act as an appraisal management company without first obtaining a registration from the Division pursuant to sections 7 to 21, inclusive, of this act.

      Sec. 9.  The provisions of sections 7 to 21, inclusive, of this act do not apply to:

      1.  A person, limited-liability company, partnership, association or corporation other than an appraisal management company which, in the normal course of its business, employs persons for the performance of real estate appraisal services; or

      2.  An appraisal management company that enters into not more than nine contracts annually with independent contractors in this State.

      Sec. 10.  1.  A person who wishes to be registered as an appraisal management company in this State must file a written application with the Division upon a form prepared and furnished by the Division and pay the fee required pursuant to section 15 of this act. An application must:

      (a) State the name, residence address and business address of the applicant and the location of each principal office and branch office at which the appraisal management company will conduct business within this State;

      (b) State the name under which the applicant will conduct business as an appraisal management company;

      (c) List the name, residence address and business address of each person who will, if the applicant is not a natural person, have an interest in the appraisal management company as a principal, partner, officer, director or trustee, specifying the capacity and title of each such person; and

      (d) Include a complete set of the fingerprints of the applicant or, if the applicant is not a natural person, a complete set of the fingerprints of each person who will have an interest in the appraisal management company as a principal, partner, officer, director or trustee, 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.

      2.  Except as otherwise provided in sections 7 to 21, inclusive, of this act, the Division shall issue a registration to an applicant as an appraisal management company if:

      (a) The application is verified by the Division and complies with the requirements of sections 7 to 21, inclusive, of this act.

      (b) The applicant and each general partner, officer or director of the applicant, if the applicant is a partnership, corporation or unincorporated association:

            (1) Submits satisfactory proof to the Division that he has a good reputation for honesty, trustworthiness and integrity and displays competence to transact the business of an appraisal management company in a manner which safeguards the interests of the general public.

            (2) Has not been convicted of, or entered a plea of nolo contendere to, a felony relating to the practice of appraisal or any crime involving fraud, misrepresentation or moral turpitude.

            (3) Has not made a false statement of material fact on his application.

 


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ê2009 Statutes of Nevada, Page 1515 (Chapter 338, AB 287)ê

 

            (4) Has not had a license that was issued pursuant to the provisions of this chapter suspended, revoked or voluntarily surrendered in lieu of suspension or revocation within the 10 years immediately preceding the date of his application.

            (5) Has not had a professional license that was issued in 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 his application.

            (6) Has not violated any provision of this chapter, a regulation adopted pursuant thereto or an order of the Commission or the Administrator.

      (c) The applicant certifies that he:

            (1) Has a process in place to verify that each independent contractor that provides services to the appraisal management company is the holder of a license in good standing to practice appraisal in this State.

            (2) Has a process in place to review the work of each independent contractor that provides services to the appraisal management company to ensure that those services are conducted in accordance with the Uniform Standards of Professional Appraisal Practice.

            (3) Will maintain a detailed record of each request for service it receives and the independent contractor who fulfilled that request.

      (d) The applicant discloses whether or not the company uses an appraiser fee schedule. For the purposes of this paragraph, “appraiser fee schedule” means a list of the various real estate appraisal services requested by the appraisal management company from independent contractors and the amount the company will pay for the performance of each service listed.

      Sec. 11.  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a registration as an appraisal management company shall include the social security number of the applicant in the application submitted to the Division.

      (b) An applicant for the issuance or renewal of a registration as an appraisal management company shall submit to the Division 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 Division 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 registration; or

      (b) A separate form prescribed by the Division.

      3.  A registration as an appraisal management company may not be issued or renewed by the Division 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 he 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 he 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 Division 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.

 


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ê2009 Statutes of Nevada, Page 1516 (Chapter 338, AB 287)ê

 

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 Division 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. 12.  1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a registration as an appraisal management company shall submit to the Division 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 Division 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 registration; or

      (b) A separate form prescribed by the Division.

      3.  A registration as an appraisal management company may not be issued or renewed by the Division 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 he 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 he 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 Division 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. 13.  1.  An applicant for registration under sections 7 to 21, inclusive, of this act shall file with the Division, in a form prescribed by regulation, an irrevocable consent appointing the Administrator his agent for service of process in a noncriminal proceeding against him, a successor or personal representative which arises under sections 7 to 21, inclusive, of this act or a regulation or order of the Commission after the consent is filed, with the same force and validity as if served personally on the person filing the consent.

      2.  A person who has filed a consent complying with subsection 1 in connection with a previous application for registration need not file an additional consent.

      3.  If a person, including a nonresident of this State, engages in conduct prohibited or made actionable by sections 7 to 21, inclusive, of this act or a regulation or order of the Commission and the person has not filed a consent to service of process under subsection 1, engaging in the conduct constitutes the appointment of the Administrator as the person’s agent for service of process in a noncriminal proceeding against him, a successor or personal representative which grows out of the conduct.

 


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      4.  Service under subsection 1 or 3 may be made by leaving a copy of the process in the Office of the Administrator, but it is not effective unless:

      (a) The plaintiff, who may be the Administrator, sends notice of the service and a copy of the process by registered or certified mail, return receipt requested, to the defendant or respondent at the address set forth in the consent to service of process or, if no consent to service of process has been filed, at the last known address, or takes other steps which are reasonably calculated to give actual notice; and

      (b) The plaintiff files an affidavit of compliance with this subsection in the proceeding on or before the return day of the process, if any, or within such further time as the court, or the Administrator in a proceeding before him, allows.

      5.  Service as provided in subsection 4 may be used in a proceeding before the Administrator or by the Administrator in a proceeding in which he is the moving party.

      6.  If the process is served under subsection 4, the court, or the Administrator in a proceeding before him, may order continuances as may be necessary to afford the defendant or respondent reasonable opportunity to defend.

      Sec. 14.  A registration issued pursuant to sections 7 to 21, inclusive, of this act expires each year on the date of its issuance, unless it is renewed. To renew such a registration, the registrant must submit to the Division on or before the expiration date:

      1.  An application for renewal;

      2.  The fee required to renew the registration pursuant to section 15 of this act; and

      3.  All information required to complete the renewal.

      Sec. 15.  A person must pay the following fee to be issued or to renew a registration as an appraisal management company pursuant to sections 7 to 21, inclusive, of this act:

      1.  To be issued a registration, the applicant must pay a fee set by the Division by regulation of not more than $2,500 for the principal office and not more than $100 for each branch office. The person must also pay such additional expenses incurred in the process of investigation as the Division deems necessary.

      2.  To renew a registration, the applicant must pay a fee set by the Division by regulation of not more than $500 for the principal office and not more than $100 for each branch office.

      Sec. 16.  1.  If an appraisal management company is not a natural person, the company must designate a natural person as a qualified employee to act on behalf of the appraisal management company.

      2.  The Commission shall adopt regulations regarding a qualified employee, including, without limitation, regulations that establish:

      (a) A definition for the term “qualified employee”;

      (b) Any duties of a qualified employee; and

      (c) Any requirements regarding a qualified employee.

      Sec. 17.  1.  It is unlawful for an employee, director, officer or agent of an appraisal management company to influence or attempt to influence the development, reporting or review of an appraisal through coercion, extortion, collusion, compensation, instruction, inducement, intimidation, bribery or other means, including, without limitation:

 


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      (a) Withholding or threatening to withhold timely payment for an appraisal in order to influence or attempt to influence an appraisal;

      (b) Withholding or threatening to withhold future business for an independent appraiser;

      (c) Terminating an agreement with an independent contractor without prior written notice;

      (d) Directly or indirectly promising future business for or increased compensation to an independent contractor;

      (e) Conditioning a request for appraisal services or the payment of any compensation on the opinion, conclusion or valuation to be reached or on a preliminary estimate or opinion requested from an independent contractor;

      (f) Requesting an independent contractor to provide an estimated, predetermined or desired valuation in an appraisal report or providing estimated values or comparable sales at any time before the completion of appraisal services by the independent contractor;

      (g) Providing to an independent contractor an anticipated, estimated or desired value for a subject property or proposed or target amount to be loaned to a borrower, other than a copy of the sales contract for purchase transactions;

      (h) Providing an independent contractor or a person or entity associated with the independent contractor stock or other financial or nonfinancial benefits;

      (i) Obtaining, using or paying for a second or subsequent appraisal or ordering an automated valuation model in connection with a loan secured by a lien on real property unless:

            (1) There is a reasonable basis to believe that the initial appraisal was incorrect and such basis is disclosed in writing to the borrower; or

            (2) The second or subsequent appraisal or automated valuation model is performed pursuant to a bona fide appraisal review or quality control process;

      (j) Accepting a fee for performing appraisal management services if the fee is contingent on:

            (1) An appraisal report having a predetermined analysis, opinion or conclusion;

            (2) The analysis, opinion, conclusion or valuation reached in an appraisal report; or

            (3) The consequences resulting from an appraisal assignment; or

      (k) Any other act or practice that impairs or attempts to impair an appraiser’s independence, objectivity or impartiality.

      2.  Nothing in this section shall be construed as prohibiting an appraisal management company from requesting that an independent contractor provide additional information regarding the basis for a valuation or correct objective factual errors in an appraisal report.

      Sec. 18.  It is unlawful for an appraisal management company to alter, modify or revise a completed appraisal report submitted by an independent contractor, including, without limitation, removing the signature of the appraiser.

      Sec. 19.  1.  If an appraisal management company terminates its association with an independent contractor for any reason, the appraisal management company shall, not later than the third business day following the date of termination, deliver to the independent contractor or send by certified mail to the last known residence address of the independent contractor a written statement which advises him of his termination.

 


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certified mail to the last known residence address of the independent contractor a written statement which advises him of his termination.

      2.  An independent contractor who is aggrieved by a termination may lodge a complaint with the Commission. The Commission may consider whether the appraisal management company violated the provisions of sections 7 to 21, inclusive, of this act and may revoke, suspend or deny renewal of a registration in the manner set forth in NRS 645C.500 to 645C.550, inclusive.

      Sec. 20.  1.  If the Division 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 holder of a registration, the Division shall deem the registration to be suspended at the end of the 30th day after the date the court order was issued unless the Division receives a letter issued to the holder of the registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Division shall reinstate a registration that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the holder of the registration stating that the holder of the registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 21.  1.  For each violation committed by an applicant for a registration issued pursuant to sections 7 to 21, inclusive, of this act, whether or not he is issued a registration, the Commission may impose upon the applicant an administrative fine of not more than $10,000 if the applicant:

      (a) Has knowingly made or caused to be made to the Commission any false representation of material fact;

      (b) Has suppressed or withheld from the Commission any information which the applicant possesses and which, if submitted by him, would have rendered the applicant ineligible to be registered pursuant to the provisions of sections 7 to 21, inclusive, of this act; or

      (c) Has violated any provision of sections 7 to 21, inclusive, of this act, a regulation adopted pursuant to sections 7 to 21, inclusive, of this act or an order of the Commission in completing and filing his application for a registration or during the course of the investigation of the application for a registration.

      2.  For each violation committed by an appraisal management company, the Commission may impose upon the appraisal management company an administrative fine of not more than $10,000, may suspend, revoke or place conditions on the registration or may do both, if the appraisal management company, whether or not acting as such:

      (a) Is grossly negligent or incompetent in performing any act for which the appraisal management company is required to be registered pursuant to sections 7 to 21, inclusive, of this act;

      (b) Does not conduct its business in accordance with the law or has violated any provision of this chapter, a regulation adopted pursuant thereto or an order of the Commission;

 


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ê2009 Statutes of Nevada, Page 1520 (Chapter 338, AB 287)ê

 

      (c) Has made a material representation in connection with any transaction governed by this chapter;

      (d) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the appraisal management company knew or, by the exercise of reasonable diligence, should have known;

      (e) Has knowingly made or caused to be made to the Commission any false representation of material fact or has suppressed or withheld from the Commission any information which the appraisal management company possesses and which, if submitted by the appraisal management company, would have rendered the appraisal management company ineligible to be registered pursuant to the provisions of sections 7 to 21, inclusive, of this act;

      (f) Has been convicted of, or entered a plea of nolo contendere to, a felony relating to the practice of appraisal or any crime involving fraud, misrepresentation or moral turpitude; or

      (g) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice.

      Sec. 22.  NRS 645C.010 is hereby amended to read as follows:

      645C.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645C.020 to 645C.130, inclusive, and sections 5 and 6 of this act have the meanings ascribed to them in those sections.

      Sec. 23.  NRS 645C.430 is hereby amended to read as follows:

      645C.430  1.  An appraiser must complete the requirements for continuing education prescribed by regulations adopted by the Commission as a condition to the renewal of an active certificate or license or the reinstatement of an inactive certificate or license. Until the Commission adopts those regulations, the standards for continuing education are as follows:

      (a) For the renewal of an active certificate or license, not less than 30 hours of instruction within the 2 years immediately preceding the application for renewal.

      (b) For the reinstatement of a certificate or license which has been on inactive status , [:

            (1) For not more than 2 years, or for more than 2 years including the initial period of certification or licensure, not less than 30 hours of instruction.

            (2) For more than 2 years, no part of which includes the initial period of certification or licensure,] not less than 15 hours of instruction per year for each year that the certificate or license was on inactive status . [, not to exceed 60 hours of instruction.]

Ê The required hours of instruction must include the most recent edition of the 7-hour National Uniform Standards of Professional Appraisal Practice Update Course.

      2.  As used in this section, an “hour of instruction” means at least 50 minutes of actual time spent receiving instruction.

      Sec. 24.  NRS 645C.460 is hereby amended to read as follows:

      645C.460  1.  Grounds for disciplinary action against a certified or licensed appraiser or registered intern include:

      (a) Unprofessional conduct;

      (b) Professional incompetence;

 


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      (c) Any violation of section 4 of this act;

      (d) A criminal conviction for a felony relating to the practice of appraisers or any offense involving moral turpitude; and

      [(d)] (e) The suspension [or] , revocation or voluntary surrender in lieu of other discipline of a registration card, certificate, license or permit to act as an appraiser in any other jurisdiction.

      2.  If grounds for disciplinary action against an appraiser or intern exist, the Commission may do one or more of the following:

      (a) Revoke or suspend his certificate, license or registration card.

      (b) Place conditions upon his certificate, license or registration card, or upon the reissuance of a certificate, license or registration card revoked pursuant to this section.

      (c) Deny the renewal of his certificate, license or registration card.

      (d) Impose a fine of not more than $10,000 for each violation.

      3.  If a certificate, license or registration card is revoked by the Commission, another certificate, license or registration card must not be issued to the same appraiser or intern for at least 1 year after the date of the revocation, or at any time thereafter except in the sole discretion of the Administrator, and then only if the appraiser or intern satisfies all the requirements for an original certificate, license or registration card.

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

      Sec. 25.  NRS 645C.470 is hereby amended to read as follows:

      645C.470  A certified or licensed appraiser or registered intern is guilty of unprofessional conduct if he:

      1.  Willfully uses a trade name, service mark or insigne indicating membership in an organization for appraisers of which he is not a member;

      2.  Violates any order of the Commission, agreement with the Division, provision of this chapter or provision of any regulation adopted pursuant to this chapter;

      3.  Fails to disclose to any person with whom he is dealing any material fact or other information he knows, or in the exercise of reasonable care and diligence should know, concerning or relating to any real estate he appraises, including any interest he has in the real estate;

      4.  Knowingly communicates a false or fraudulent appraisal to any interested person or otherwise engages in any deceitful, fraudulent or dishonest conduct;

      5.  [Enters] Prepares or provides or enters into a contract to prepare or provide an appraisal [by which] if his compensation is based partially or entirely on , or is otherwise affected by, the amount of the appraised value of the real estate;

      6.  Before obtaining his license or registration card, engaged in any conduct of which the Division is not aware that would be a ground for the denial of a certificate, license or registration card; or

      7.  Makes a false statement of material fact on his application.

      Sec. 26.  NRS 645C.555 is hereby amended to read as follows:

      645C.555  1.  In addition to any other remedy or penalty, the Commission may impose an administrative fine against any person who knowingly:

      (a) Engages or offers to engage in any activity for which a certificate, license , registration or registration card or any type of authorization is required pursuant to this chapter, or any regulation adopted pursuant thereto, if the person does not hold the required certificate, license , registration or registration card or has not been given the required authorization; or

 


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ê2009 Statutes of Nevada, Page 1522 (Chapter 338, AB 287)ê

 

if the person does not hold the required certificate, license , registration or registration card or has not been given the required authorization; or

      (b) Assists or offers to assist another person to commit a violation described in paragraph (a).

      2.  If the Commission imposes an administrative fine against a person pursuant to this section, the amount of the administrative fine may not exceed the amount of any gain or economic benefit that the person derived from the violation or $5,000, whichever amount is greater.

      3.  In determining the appropriate amount of the administrative fine, the Commission shall consider:

      (a) The severity of the violation and the degree of any harm that the violation caused to other persons;

      (b) The nature and amount of any gain or economic benefit that the person derived from the violation;

      (c) The person’s history or record of other violations; and

      (d) Any other facts or circumstances that the Commission deems to be relevant.

      4.  Before the Commission may impose the administrative fine, the Commission must provide the person with notice and an opportunity to be heard.

      5.  The person is entitled to judicial review of the decision of the Commission in the manner provided by chapter 233B of NRS.

      6.  The provisions of this section do not apply to a person who engages or offers to engage in activities within the purview of this chapter if:

      (a) A specific statute exempts the person from complying with the provisions of this chapter with regard to those activities; and

      (b) The person is acting in accordance with the exemption while engaging or offering to engage in those activities.

      Sec. 27.  NRS 645E.670 is hereby amended to read as follows:

      645E.670  1.  For each violation committed by an applicant, whether or not he is issued a license, the Commissioner may impose upon the applicant an administrative fine of not more than $10,000 [,] if the applicant:

      (a) Has knowingly made or caused to be made to the Commissioner any false representation of material fact;

      (b) Has suppressed or withheld from the Commissioner any information which the applicant possesses and which, if submitted by him, would have rendered the applicant ineligible to be licensed pursuant to the provisions of this chapter; or

      (c) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner in completing and filing his application for a license or during the course of the investigation of his application for a license.

      2.  For each violation committed by a licensee, the Commissioner may impose upon the licensee an administrative fine of not more than $10,000, may suspend, revoke or place conditions upon his license, or may do both, if the licensee, whether or not acting as such:

      (a) Is insolvent;

      (b) Is grossly negligent or incompetent in performing any act for which he is required to be licensed pursuant to the provisions of this chapter;

      (c) Does not conduct his business in accordance with law or has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner;

 


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ê2009 Statutes of Nevada, Page 1523 (Chapter 338, AB 287)ê

 

      (d) Is in such financial condition that he cannot continue in business with safety to his customers;

      (e) Has made a material misrepresentation in connection with any transaction governed by this chapter;

      (f) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the licensee knew or, by the exercise of reasonable diligence, should have known;

      (g) Has knowingly made or caused to be made to the Commissioner any false representation of material fact or has suppressed or withheld from the Commissioner any information which the licensee possesses and which, if submitted by him, would have rendered the licensee ineligible to be licensed pursuant to the provisions of this chapter;

      (h) Has failed to account to persons interested for all money received for a trust account;

      (i) Has refused to permit an examination by the Commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the Commissioner pursuant to the provisions of this chapter or a regulation adopted pursuant to this chapter;

      (j) Has been convicted of, or entered a plea of nolo contendere to, a felony relating to the practice of mortgage bankers or any crime involving fraud, misrepresentation or moral turpitude;

      (k) Has refused or failed to pay, within a reasonable time, any fees, assessments, costs or expenses that the licensee is required to pay pursuant to this chapter or a regulation adopted pursuant to this chapter;

      (l) Has failed to pay a tax as required pursuant to the provisions of chapter 363A of NRS;

      (m) Has failed to satisfy a claim made by a client which has been reduced to judgment;

      (n) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;

      (o) Has violated section 4 of this act;

      (p) Has commingled the money or other property of a client with his own or has converted the money or property of others to his own use; or

      [(p)] (q) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice.

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

      Sec. 28.  1.  This section, sections 5 to 11, inclusive, 13 to 22, inclusive, and 26 of this act become effective upon passage and approval for the purpose of adopting regulations and on January 1, 2010, for all other purposes.

      2.  Sections 1 to 4, inclusive, 23, 24, 25 and 27 of this act become effective on July 1, 2009.

      3.  The provisions of sections 11 and 20 of this act expire 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:

 


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ê2009 Statutes of Nevada, Page 1524 (Chapter 338, AB 287)ê

 

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

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

Ê are repealed by the Congress of the United States.

      4.  Section 12 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 procedure 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.

________

 

CHAPTER 339, AB 314

Assembly Bill No. 314–Assemblymen Woodbury, Hardy, Oceguera, Ohrenschall; Aizley, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Cobb, Conklin, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Kihuen, Kirkpatrick, Manendo, Mastroluca, McArthur, Munford, Parnell, Settelmeyer, Spiegel and Stewart

 

Joint Sponsors: Senators Wiener, Carlton; Copening, Hardy and Parks

 

CHAPTER 339

 

AN ACT relating to dentistry; authorizing the Board of Dental Examiners of Nevada to issue a limited license to supervise certain courses of continuing education involving live patients; authorizing students to participate in such courses of continuing education under certain circumstances; authorizing the Board to issue a specialist’s license to a person who has completed the educational requirements for certification in a specialty under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill allows a person who has received a degree in dentistry from an accredited program to receive a limited license to supervise certain courses of continuing education involving live patients. A limited license issued under section 1 expires 1 year after being issued and may be renewed annually. Section 1 also: (1) authorizes the Board of Dental Examiners of Nevada to charge a fee for the issuance or renewal of the limited license; (2) authorizes the Board to suspend or revoke the limited license under certain circumstances; and (3) imposes a duty upon the holder of the limited license to report certain events to the Board.

      Section 2 of this bill provides that NRS 631.215 does not prevent a dentist who is licensed in another state or country from participating in a course of postgraduate continuing education in dentistry supervised by the holder of a limited license issued pursuant to section 1 under certain circumstances.

 


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ê2009 Statutes of Nevada, Page 1525 (Chapter 339, AB 314)ê

 

      Existing law authorizes the Board to issue a specialist’s license to a person without requiring the person to take the clinical examination required pursuant to NRS 631.240 if the person presents a current certification as a diplomate from a certifying board approved by the Commission on Dental Accreditation of the American Dental Association and meets certain other qualifications. (NRS 631.255) Section 3 of this bill expands the authorization to include issuing a specialist’s license to a person who has completed the educational requirements specified for qualification in a specialty area by a certifying board and who is eligible to be certified, so long as the person submits to the Board his certificate as a diplomate within 6 years after he is issued the specialist’s license and maintains the certification while licensed as a specialist in this State.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 631 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board shall, without a clinical examination required by NRS 631.240 or 631.300, issue a limited license to a person to supervise courses of continuing education involving live patients at an institute or organization with a permanent facility registered with the Board for the sole purpose of providing postgraduate continuing education in dentistry if the person has received a degree from a dental school or college accredited by the Commission on Dental Accreditation of the American Dental Association or its successor.

      2.  A limited license issued pursuant to this section expires 1 year after the date of its issuance and may be renewed annually upon submission of proof acceptable to the Board of compliance with subsection 1 and payment of any fee required pursuant to subsection 3.

      3.  The Board may impose a fee of not more than $100 for the issuance and each renewal of a limited license issued pursuant to this section.

      4.  A limited license issued pursuant to this section may be suspended or revoked by the Board if the holder of the limited license:

      (a) Has had his license to practice dentistry suspended, revoked or placed on probation in another state, territory or possession of the United States, the District of Columbia or a foreign country;

      (b) Has been convicted of a felony or misdemeanor involving moral turpitude; or

      (c) Has a documented history of substance abuse.

      5.  A holder of a limited license issued pursuant to this section shall notify the Board in writing by certified mail not later than 30 days after:

      (a) The death of a patient being treated by a dentist under the supervision of the holder of a limited license;

      (b) Any incident which:

            (1) Results in the hospitalization of or a permanent physical or mental injury to a patient being treated by a dentist under the supervision of the holder of a limited license; and

            (2) Occurs while the dentist is treating the patient under the supervision of the holder of a limited license; or

      (c) Any event or circumstance described in subsection 4.

 


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ê2009 Statutes of Nevada, Page 1526 (Chapter 339, AB 314)ê

 

      Sec. 2.  NRS 631.215 is hereby amended to read as follows:

      631.215  1.  Any person shall be deemed to be practicing dentistry who:

      (a) Uses words or any letters or title in connection with his name which in any way represents him as engaged in the practice of dentistry, or any branch thereof;

      (b) Advertises or permits to be advertised by any medium that he can or will attempt to perform dental operations of any kind;

      (c) Diagnoses, professes to diagnose or treats or professes to treat any of the diseases or lesions of the oral cavity, teeth, gingiva or the supporting structures thereof;

      (d) Extracts teeth;

      (e) Corrects malpositions of the teeth or jaws;

      (f) Takes impressions of the teeth, mouth or gums, unless the person is authorized by the regulations of the Board to engage in such activities without being a licensed dentist;

      (g) Examines a person for, or supplies artificial teeth as substitutes for natural teeth;

      (h) Places in the mouth and adjusts or alters artificial teeth;

      (i) Does any practice included in the clinical dental curricula of accredited dental colleges or a residency program for those colleges;

      (j) Administers or prescribes such remedies, medicinal or otherwise, as are needed in the treatment of dental or oral diseases;

      (k) Uses X-ray radiation or laser radiation for dental treatment or dental diagnostic purposes, unless the person is authorized by the regulations of the Board to engage in such activities without being a licensed dentist;

      (l) Determines:

            (1) Whether a particular treatment is necessary or advisable; or

            (2) Which particular treatment is necessary or advisable; or

      (m) Dispenses tooth whitening agents or undertakes to whiten or bleach teeth by any means or method, unless the person is:

            (1) Dispensing or using a product that may be purchased over the counter for a person’s own use; or

            (2) Authorized by the regulations of the Board to engage in such activities without being a licensed dentist.

      2.  Nothing in this section:

      (a) Prevents a dental assistant, dental hygienist or qualified technician from making radiograms or X-ray exposures or using X-ray radiation or laser radiation for dental treatment or dental diagnostic purposes upon the direction of a licensed dentist.

      (b) Prohibits the performance of mechanical work, on inanimate objects only, by any person employed in or operating a dental laboratory upon the written work authorization of a licensed dentist.

      (c) Prevents students from performing dental procedures that are part of the curricula of an accredited dental school or college or an accredited school of dental hygiene or an accredited school of dental assisting.

      (d) Prevents a licensed dentist or dental hygienist from another state or country from appearing as a clinician for demonstrating certain methods of technical procedures before a dental society or organization, convention or dental college or an accredited school of dental hygiene or an accredited school of dental assisting.

 


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ê2009 Statutes of Nevada, Page 1527 (Chapter 339, AB 314)ê

 

      (e) Prohibits the manufacturing of artificial teeth upon receipt of a written authorization from a licensed dentist if the manufacturing does not require direct contact with the patient.

      (f) Prevents a person who is actively licensed as a dentist in another jurisdiction from treating a patient if:

            (1) The patient has previously been treated by the dentist in the jurisdiction in which the dentist is licensed;

            (2) The dentist treats the patient only during a course of continuing education involving live patients which:

                  (I) Is conducted at an institute or organization with a permanent facility registered with the Board for the sole purpose of providing postgraduate continuing education in dentistry; and

                  (II) Meets all applicable requirements for approval as a course of continuing education; and

            (3) The dentist treats the patient only under the supervision of a person licensed pursuant to section 1 of this act.

      Sec. 3.  NRS 631.255 is hereby amended to read as follows:

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

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

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

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

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

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

      (a) Must hold an active license to practice dentistry pursuant to the laws of another state or territory of the United States, or the District of Columbia [;

      (c) Is] , or pursuant to the laws of this State, another state or territory of the United States, or the District of Columbia, if the person is applying pursuant to paragraph (b) of subsection 1;

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

      [(d) Pays]

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

      [(e) Submits]

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

      [(f) Satisfies]

      (e) Must satisfy the requirements of NRS 631.230.

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

 


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

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

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

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

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

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

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

      Sec. 4.  NRS 631.330 is hereby amended to read as follows:

      631.330  1.  Licenses issued pursuant to NRS 631.271 and 631.275 and section 1 of this act must be renewed annually. All other licenses must be renewed biennially.

      2.  Except as otherwise provided in NRS 631.271 and 631.275 [:] and section 1 of this act:

      (a) Each holder of a license to practice dentistry or dental hygiene must, upon:

            (1) Payment of the required fee;

            (2) Submission of proof of completion of the required continuing education; and

            (3) Submission of all information required to complete the renewal,

Ê be granted a renewal certificate which will authorize continuation of the practice for 2 years.

      (b) A licensee must comply with the provisions of this subsection and subsection 1 on or before June 30. Failure to comply with those provisions by June 30 every 2 years automatically suspends the license, and it may be reinstated only upon payment of the fee for reinstatement and compliance with the requirements of this subsection.

      3.  If a license suspended pursuant to this section is not reinstated within 12 months after suspension, it is automatically revoked.

      Sec. 5.  NRS 631.345 is hereby amended to read as follows:

      631.345  1.  [The] Except as otherwise provided in section 1 of this act, the Board shall by regulation establish fees for the performance of the duties imposed upon it by this chapter which must not exceed the following amounts:

 

Application fee for an initial license to practice dentistry... $1,500

Application fee for an initial license to practice dental hygiene 750

Application fee for a specialist’s license to practice dentistry.. 300

Application fee for a limited license or restricted license to practice dentistry or dental hygiene......................................................................................... 300

Application and examination fee for a permit to administer general anesthesia, conscious sedation or deep sedation.......................................................... 750

Fee for any reinspection required by the Board to maintain a permit to administer general anesthesia, conscious sedation or deep sedation................... 500

 


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Biennial renewal fee for a permit to administer general anesthesia, conscious sedation or deep sedation............................................................................. $600

Fee for the inspection of a facility required by the Board to renew a permit to administer general anesthesia, conscious sedation or deep sedation..... 350

Biennial license renewal fee for a general license, specialist’s license, temporary license or restricted geographical license to practice dentistry..... 1,000

Annual license renewal fee for a limited license or restricted license to practice dentistry....................................................................................................... 300

Biennial license renewal fee for a general license, temporary license or restricted geographical license to practice dental hygiene.................... 600

Annual license renewal fee for a limited license to practice dental hygiene 300

Biennial license renewal fee for an inactive dentist.................... 400

Biennial license renewal fee for a dentist who is retired or has a disability  100

Biennial license renewal fee for an inactive dental hygienist... 200

Biennial license renewal fee for a dental hygienist who is retired or has a disability    100

Reinstatement fee for a suspended license to practice dentistry or dental hygiene  500

Reinstatement fee for a revoked license to practice dentistry or dental hygiene      500

Reinstatement fee to return a dentist or dental hygienist who is inactive, retired or has a disability to active status........................................................... 500

Fee for the certification of a license................................................. 50

 

      2.  Except as otherwise provided in this subsection, the Board shall charge a fee to review a course of continuing education for accreditation. The fee must not exceed $150 per credit hour of the proposed course. The Board shall not charge a nonprofit organization or an agency of the State or of a political subdivision of the State a fee to review a course of continuing education.

      3.  All fees prescribed in this section are payable in advance and must not be refunded.

      Sec. 6.  NRS 631.350 is hereby amended to read as follows:

      631.350  1.  Except as otherwise provided in NRS 631.271 and 631.347, and section 1 of this act, the Board may:

      (a) Refuse to issue a license to any person;

      (b) Revoke or suspend the license or renewal certificate issued by it to any person;

      (c) Fine a person it has licensed;

      (d) Place a person on probation for a specified period on any conditions the Board may order;

      (e) Issue a public reprimand to a person;

      (f) Limit a person’s practice to certain branches of dentistry;

      (g) Require a person to participate in a program to correct alcohol or drug abuse or any other impairment;

 


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      (h) Require that a person’s practice be supervised;

      (i) Require a person to perform community service without compensation;

      (j) Require a person to take a physical or mental examination or an examination of his competence;

      (k) Require a person to fulfill certain training or educational requirements;

      (l) Require a person to reimburse a patient; or

      (m) Any combination thereof,

Ê upon submission of substantial evidence to the Board that the person has engaged in any of the activities listed in subsection 2.

      2.  The following activities may be punished as provided in subsection 1:

      (a) Engaging in the illegal practice of dentistry or dental hygiene;

      (b) Engaging in unprofessional conduct; or

      (c) Violating any regulations adopted by the Board or the provisions of this chapter.

      3.  The Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this State.

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

      5.  The Board shall not administer a private reprimand.

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

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