Link to Page 1012

 

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ê2011 Statutes of Nevada, Page 1013ê

 

CHAPTER 237, AB 304

Assembly Bill No. 304–Assemblymen Bobzien; Benitez-Thompson, Hickey, Segerblom and Smith

 

Joint Sponsors: Senators Leslie; and Copening

 

CHAPTER 237

 

[Approved: June 2, 2011]

 

AN ACT relating to fire protection; codifying in statute the requirement in regulation that a person obtain a certificate of registration before acting as a fire performer; authorizing a person to act as a fire performer if the person holds a certificate of registration as an apprentice fire performer; providing for the application for and issuance of a certificate of registration as an apprentice fire performer; prohibiting an apprentice fire performer from acting as a fire performer without certain supervision; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Currently, regulations adopted by the State Fire Marshal, who is charged with enforcing all laws and adopting regulations relating to fire prevention, require a person to apply to the State Fire Marshal for a certificate of registration as a fire performer before entertaining or otherwise performing before an audience using an open flame. (NRS 477.030; NAC 477.630) Any person who knowingly violates any of those laws or regulations is guilty of a misdemeanor. (NRS 477.250)

       This bill codifies in statute the requirements in those regulations and adds requirements for both fire performers and apprentice fire performers. Under section 5 of this bill, a person is prohibited from acting as a fire performer unless the person is the holder of a certificate of registration as a fire performer, as in existing regulation. Section 5 also authorizes a person to act as a fire performer if the person is the holder of a certificate of registration as an apprentice fire performer. Section 5 authorizes the State Fire Marshal to issue either certificate to a person who meets the age requirement for that certificate, submits an application that includes a description of the person’s experience as a fire performer or apprentice fire performer and all safety precautions used by the applicant while acting as a fire performer or apprentice fire performer, and pays an application fee prescribed by regulations adopted by the State Fire Marshal. Section 5 also provides for the renewal of each such certificate.

       Section 6 of this bill prohibits an apprentice fire performer from acting as a fire performer unless the apprentice is directly supervised at all times by a registered fire performer who is at least 21 years of age. The person supervising must ensure that the apprentice fire performer safely handles and operates any equipment and complies with all applicable laws relating to acting as a fire performer.

 


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ê2011 Statutes of Nevada, Page 1014 (Chapter 237, AB 304)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 477 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

     Sec. 2.  As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

     Sec. 3.  “Apprentice fire performer” means a person who is issued a certificate of registration as an apprentice fire performer pursuant to section 5 of this act.

     Sec. 4.  “Fire performer” means an entertainer or other performer who performs for an audience using an open flame in a venue authorized by permit of a governmental entity.

     Sec. 5.  1.  A person shall not act as a fire performer unless the person is the holder of a certificate of registration as a fire performer or apprentice fire performer issued by the State Fire Marshal pursuant to this section.

     2.  An applicant for a certificate of registration as a fire performer or apprentice fire performer must:

     (a) Be a natural person and, if the application is:

          (1) For a fire performer, be at least 21 years of age; or

           (2) For an apprentice fire performer, be at least 18 years of age;

     (b) Make a written notarized application to the State Fire Marshal on a form provided by the State Fire Marshal;

     (c) Submit to the State Fire Marshal a resume setting forth the experience of the applicant as a fire performer or apprentice fire performer and a description of all safety precautions used by the applicant while acting as a fire performer or apprentice fire performer; and

     (d) Pay an application fee in an amount prescribed by regulations adopted by the State Fire Marshal.

     3.  The State Fire Marshal may:

     (a) Issue to any person who applies for either certificate pursuant to subsection 2 a certificate of registration as a fire performer or apprentice fire performer; and

     (b) Renew a certificate of registration as a fire performer or apprentice fire performer to any person who applies for a renewal in a manner specified by the State Fire Marshal and pays a renewal fee in an amount prescribed by regulations adopted by the State Fire Marshal.

     4.  A certificate of registration as a fire performer or apprentice fire performer is valid for the period prescribed by regulations adopted by the State Fire Marshal.

     Sec. 6.  1.  An apprentice fire performer may not act as a fire performer unless, at all times while the apprentice fire performer is acting as a fire performer, the apprentice fire performer is directly supervised by a person who:

 


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ê2011 Statutes of Nevada, Page 1015 (Chapter 237, AB 304)ê

 

     (a) Is at least 21 years of age; and

     (b) Is the holder of a certificate of registration as a fire performer issued pursuant to section 5 of this act.

     2.  While an apprentice fire performer is acting as a fire performer, the fire performer who is directly supervising the apprentice fire performer shall ensure that the apprentice fire performer:

     (a) Safely handles and operates any equipment used by the apprentice fire performer; and

     (b) Complies with all applicable laws and regulations concerning acting as a fire performer.

     Sec. 7.  1.  In addition to any other requirements set forth in sections 2 to 8, inclusive, of this act, an applicant for the issuance or renewal of a certificate of registration pursuant to section 5 of this act shall:

     (a) Include the social security number of the applicant in the application submitted to the State Fire Marshal.

     (b) Submit to the State Fire Marshal 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 State Fire Marshal 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 certificate of registration; or

     (b) A separate form prescribed by the State Fire Marshal.

     3.  A certificate of registration may not be issued or renewed by the State Fire Marshal pursuant to section 5 of this act if the applicant:

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

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

     4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the State Fire Marshal 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. 8.  1.  If the State Fire Marshal receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of registration as a fire performer or apprentice fire performer, the State Fire Marshal shall deem the certificate of registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the State Fire Marshal receives a letter issued to the holder of the certificate of registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate of registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

 


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ê2011 Statutes of Nevada, Page 1016 (Chapter 237, AB 304)ê

 

order was issued unless the State Fire Marshal receives a letter issued to the holder of the certificate of registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate of registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

     2.  The State Fire Marshal shall reinstate a certificate of registration as a fire performer or apprentice fire performer that has been suspended by a district court pursuant to NRS 425.540 if the State Fire Marshal receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate of registration was suspended stating that the person whose certificate of registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

     Sec. 9.  On or before December 30, 2011, the State Fire Marshal shall adopt any regulations necessary to carry out the amendatory provisions of this act.

     Sec. 10.  1.  This act becomes effective upon passage and approval for the purpose of adopting regulations and on January 1, 2012, for all other purposes.

     2.  Sections 7 and 8 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:

     (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

     (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

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ê2011 Statutes of Nevada, Page 1017ê

 

CHAPTER 238, SB 152

Senate Bill No. 152–Senator Schneider

 

CHAPTER 238

 

[Approved: June 3, 2011]

 

AN ACT relating to insurance; revising provisions governing insurance adjusters; exempting certain persons from provisions of the Nevada Insurance Adjusters Law governing the licensing and regulation of adjusters; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       The Nevada Insurance Adjusters Law governs the licensing of adjusters and the regulation of their conduct. (NRS 684A.010-684A.260) The Nevada Insurance Adjusters Law defines “adjuster,” “independent adjuster,” “public adjuster” and “associate adjuster” for purposes of the Nevada Insurance Code. (NRS 684A.020, 684A.030) The Nevada Insurance Adjusters Law is applicable only to persons who satisfy the statutory definition of adjuster, but not to persons who adjust or settle claims relating to life insurance, health insurance or annuities. (NRS 684A.010)

       Section 2 of this bill exempts certain persons from the provisions governing the licensing and regulation of adjusters by specifically providing that such persons are not considered adjusters for purposes of the Code. Section 2 provides that the following persons are not considered adjusters: (1) certain employees of an independent adjuster or an affiliate of an independent adjuster who collect information relating to a claim and conduct data entry; (2) licensed agents who supervise certain employees of an independent adjuster or an affiliate of an independent adjuster; (3) persons employed only to collect factual information concerning a claim for coverage arising under an insurance contract; (4) persons employed only to provide technical assistance to an independent adjuster; (5) persons employed to investigate suspected fraudulent claims for coverage arising under an insurance contract but who do not adjust losses or determine the payment of claims; (6) persons who perform only executive, administrative, managerial or clerical duties, or any combination thereof, but do not investigate or settle claims for coverage arising under an insurance contract; (7) licensed health care providers or any employees thereof who provide managed care services if those services do not include the determination of compensability; (8) managed care organizations or any employees thereof or organizations that provide managed care services or any employees thereof if the services provided do not include the determination of compensability; (9) persons who settle only reinsurance or subrogation claims; (10) brokers, agents or representatives of risk retention groups; (11) attorneys-in-fact of reciprocal insurers; and (12) managers of branch offices of alien insurers that are located in the United States.

       Section 6 of this bill revises provisions concerning applications for licensure submitted by an applicant that is a firm or corporation rather than a natural person.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 684A of NRS is hereby amended by adding thereto a new section to read as follows:

     As used in this Code, “automated claims adjudication system” means a preprogrammed computer system which:

 


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ê2011 Statutes of Nevada, Page 1018 (Chapter 238, SB 152)ê

 

     1.  Is designed for the collection, data entry, calculation and final resolution of claims arising under an insurance contract for portable electronic insurance coverage;

     2.  Is used by a licensed adjuster, licensed agent or person supervised by a licensed adjuster or licensed agent; and

     3.  Complies with the requirements of this Code concerning the payment of claims.

     Sec. 2.  NRS 684A.020 is hereby amended to read as follows:

     684A.020  1.  [As] Except as otherwise provided in subsection 2, as used in this Code, “adjuster” means any person who, for compensation as an independent contractor or for a fee or commission, investigates and settles, and reports to his or her principal relative to, claims:

     (a) Arising under insurance contracts for property, casualty or surety coverage, on behalf solely of the insurer or the insured; or

     (b) Against a self-insurer who is providing similar coverage, unless the coverage provided relates to a claim for industrial insurance.

     2.  For the purposes of this chapter:

     (a) An associate adjuster, as defined in NRS 684A.030;

     (b) An attorney at law who adjusts insurance losses from time to time incidental to the practice of his or her profession;

     (c) An adjuster of ocean marine losses;

     (d) A salaried employee of an insurer; [or]

     (e) A salaried employee of a managing general agent maintaining an underwriting office in this state [,] ;

     (f) An employee of an independent adjuster or an employee of an affiliate of an independent adjuster who is one of not more than 25 such employees under the supervision of an independent adjuster or licensed agent and who:

           (1) Collects information relating to a claim for coverage arising under an insurance contract from or furnishes such information to an insured or a claimant; and

           (2) Conducts data entry, including, without limitation, entering data into an automated claims adjudication system;

     (g) A licensed agent who supervises not more than 25 employees described in paragraph (f);

     (h) A person who is employed only to collect factual information concerning a claim for coverage arising under an insurance contract;

     (i) A person who is employed only to provide technical assistance to an independent adjuster;

     (j) A person who is employed to investigate suspected fraudulent claims for coverage arising under an insurance contract but who does not adjust losses or determine the payment of claims;

     (k) A person who performs only executive, administrative, managerial or clerical duties, or any combination thereof, but does not investigate or settle claims for coverage arising under an insurance contract;

     (l) A licensed health care provider or any employee thereof who provides managed care services if those services do not include the determination of compensability;

     (m) A managed care organization or any employee thereof or an organization that provides managed care services or any employee thereof if the services provided do not include the determination of compensability;

     (n) A person who settles only reinsurance or subrogation claims;

 


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ê2011 Statutes of Nevada, Page 1019 (Chapter 238, SB 152)ê

 

     (o) A broker, agent or representative of a risk retention group;

     (p) An attorney-in-fact of a reciprocal insurer; or

     (q) A manager of a branch office of an alien insurer that is located in the United States,

Ê is not considered an adjuster.

     Secs. 3-5.  (Deleted by amendment.)

     Sec. 6.  NRS 684A.090 is hereby amended to read as follows:

     684A.090  1.  The applicant for a license as an adjuster shall file a written application therefor with the Commissioner on forms prescribed and furnished by the Commissioner. As part of, or in connection with, the application, the applicant shall furnish information as to his or her identity, personal history, experience, financial responsibility, business record and other pertinent matters as reasonably required by the Commissioner to determine the applicant’s eligibility and qualifications for the license.

     2.  If the applicant is a natural person, the application must include the social security number of the applicant.

     3.  If the applicant is a firm or corporation, the application must [also include the names of all firm members, all corporate officers and directors, and shall] designate each individual who is to exercise the license powers [.] and must include:

     (a) The name of each member of the firm or each officer and director of the corporation;

     (b) The name of each executive officer and director who owns more than 10 percent of the outstanding voting securities of the applicant; and

     (c) The name of any other individual who owns more than 10 percent of the outstanding voting securities of the applicant.

Ê Each such member, officer, director and individual shall furnish information to the Commissioner as though applying for an individual license.

     4.  If the applicant is a nonresident of this state, the application must be accompanied by an appointment of the Commissioner as process agent and agreement to appear pursuant to NRS 684A.200.

     5.  The application must be accompanied by the applicable license fee as specified in NRS 680B.010 and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110.

     6.  No applicant for such a license may willfully misrepresent or withhold any fact or information called for in the application form or in connection therewith. A violation of this subsection is a gross misdemeanor.

     Sec. 7.  (Deleted by amendment.)

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ê2011 Statutes of Nevada, Page 1020ê

 

CHAPTER 239, SB 182

Senate Bill No. 182–Senator Schneider

 

CHAPTER 239

 

[Approved: June 3, 2011]

 

AN ACT relating to renewable energy; revising certain provisions governing the Solar Thermal Systems Demonstration Program; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill revises provisions governing the Solar Thermal Systems Demonstration Program to remove the requirement that each solar thermal system have a meter or other measuring device installed. Section 2 of this bill revises provisions governing the performance certifications which must be obtained to establish eligibility for a rebate from a utility under the Solar Thermal Systems Demonstration Program.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 701B.336 is hereby amended to read as follows:

     701B.336  1.  The Commission shall establish the Solar Thermal Systems Demonstration Program to carry out the intent of the Legislature to promote the installation of at least 3,000 solar thermal systems in homes, businesses, schools and other governmental buildings throughout this State by 2019.

     2.  The Demonstration Program must have four categories of participants as follows:

     (a) School property;

     (b) Public and other property;

     (c) Private residential property; and

     (d) Small business property.

     3.  To be eligible to participate in the Demonstration Program, a person must:

     (a) Apply to a utility on a form prescribed by the Commission;

     (b) Meet the qualifications established pursuant to subsection 5 and be approved by the utility;

     (c) When installing a solar thermal system, use an installer who has been issued [a classification C-1 license with] the appropriate [subclassification] license by the State Contractors’ Board ; [pursuant to the regulations adopted by the Board;] and

     (d) If the person participates in the category of school property or public and other property, provide for the public display of the solar thermal system, including, without limitation, providing for public demonstrations of the solar thermal system and for hands-on experience of the solar thermal system by the public.

 


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ê2011 Statutes of Nevada, Page 1021 (Chapter 239, SB 182)ê

 

     4.  The utility shall notify each applicant who is approved to participate in the Demonstration Program not later than 10 days after the approval.

     5.  The Commission shall adopt regulations which must include, without limitation, provisions which:

     (a) Establish the qualifications an applicant must meet to qualify to participate in the Demonstration Program.

     (b) Establish specifications for the design, installation, energy output and displacement standards of the solar thermal systems that qualify for the Demonstration Program.

     (c) Require that the components of any solar thermal system be new and unused.

     (d) Require that any solar thermal collector have a warranty against defects and undue degradation of not less than 10 years.

     (e) Require that a solar thermal system be installed in a building which is connected to the existing distribution system of a utility in this State.

     (f) [Require that a solar thermal system have a meter or other measuring device installed to monitor and measure the performance of the system and the quantity of energy generated or displaced by the system.

     (g)] Require that a solar thermal system be installed in conformity with the manufacturer’s specifications and all applicable codes and standards.

     [(h)] (g) Establish siting and installation requirements for solar thermal systems to ensure efficient and appropriate installation and to promote maximized performance of such systems.

     6.  As used in this section, “applicant” means a person who applies to the utility to participate in the Demonstration Program.

     Sec. 2.  NRS 701B.342 is hereby amended to read as follows:

     701B.342  1.  The Commission shall adopt regulations establishing program milestones and a rebate program for a participant who installs a solar thermal system. The rebates provided by [the Commission] a utility pursuant to this section must:

     (a) Decline over time as the program milestones are reached;

     (b) Be structured to reduce the cost of solar thermal systems; and

     (c) Be based on the actual energy savings or predicted energy savings of the solar thermal system as determined by the Commission.

     2.  The regulations must require that to be eligible for a rebate pursuant to the Demonstration Program, a solar thermal system must have received an OG-100 or OG-300 performance certification from the Solar Rating and Certification Corporation [.] or any other performance certification approved by the Commission.

     3.  In determining the amount of the rebates provided through the Demonstration Program, the Commission shall consider any federal tax credits and other incentives available to participants.

     Secs. 3-8.  (Deleted by amendment.)

     Sec. 9.  The Public Utilities Commission of Nevada shall adopt any regulations necessary to carry out the provisions of this act on or before December 31, 2011.

     Sec. 10.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 1022ê

 

CHAPTER 240, SB 210

Senate Bill No. 210–Committee on Health and Human Services

 

CHAPTER 240

 

[Approved: June 3, 2011]

 

AN ACT relating to food establishments; allowing a health authority to require the testing of food processed or otherwise prepared by a food processing establishment under certain circumstances; requiring records of the test results to be maintained and the results to be reported if contamination is indicated; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law sets forth provisions governing the regulation of food establishments, including, without limitation, establishments that manufacture or process food intended for human consumption. (Chapter 446 of NRS) Existing law also requires that such provisions be enforced by the officers and agents of the Health Division of the Department of Health and Human Services and the officers and agents of the local boards of health. (NRS 446.050, 446.940) This bill authorizes the health authority, under certain circumstances, to require that the food processed or otherwise prepared in such establishments be tested for the presence of certain contaminants. The bill further requires that the cost of the testing be paid by the establishments and requires that the testing be conducted in accordance with nationally recognized laboratory standards. Finally, this bill requires records of the results of any tests to be retained for at least 2 years and requires timely reporting to the health authority if the testing indicates contamination.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 446 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Except as otherwise provided in this subsection, whenever the health authority determines there are reasonable grounds to suspect that the food processed or otherwise prepared by a food processing establishment may constitute a substantial health hazard, the health authority may require that the food processing establishment have its food tested for the presence of contaminants typically associated with the suspected health hazard. When carrying out the provisions of this subsection, the health authority shall comply with the Federal Food Safety Modernization Act, 21 U.S.C. 2201, et seq., and any regulations adopted pursuant thereto. The provisions of this subsection do not apply to the extent that a food processing establishment is under investigation for the same purpose pursuant to federal law.

 


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ê2011 Statutes of Nevada, Page 1023 (Chapter 240, SB 210)ê

 

     2.  If the health authority requires pursuant to subsection 1 that the food processed or otherwise prepared by a food processing establishment be tested:

     (a) The food processing establishment:

           (1) Is responsible for the cost of the testing; and

           (2) May perform such testing itself or cause the testing to be performed by a third party.

     (b) The testing must be conducted in a manner that is consistent with nationally recognized laboratory standards.

     3.  Records of the results of any tests conducted pursuant to this section must be retained by the food processing establishment to which the tests pertain for a period of not less than 2 years. The food processing establishment shall, upon request, make those records available to the health authority for its review.

     4.  If testing required pursuant to subsection 1 indicates that the food processed or otherwise prepared by a food processing establishment is contaminated, the person or entity that conducted the testing shall, within 24 hours after obtaining the test results, report those test results to the health authority.

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

     Sec. 4.  This act becomes effective on July 1, 2011.

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CHAPTER 241, SB 226

Senate Bill No. 226–Senators Leslie and Parks

 

Joint Sponsors: Assemblywomen Pierce; and Carlton

 

CHAPTER 241

 

[Approved: June 3, 2011]

 

AN ACT relating to trapping; requiring the Board of Wildlife Commissioners to adopt regulations governing the trapping of fur-bearing mammals in certain counties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the Board of Wildlife Commissioners is required to adopt certain regulations establishing seasons for trapping fur-bearing mammals and the manner and means of taking wildlife. Those regulations must be established after first considering the recommendations of the Department, the county advisory boards to manage wildlife and others who wish to present their views at an open meeting. (NRS 501.181)

       Section 2 of this bill specifically requires the Board of Wildlife Commissioners to adopt regulations governing the trapping of fur-bearing mammals in a residential area of a county whose population is 100,000 or more (currently Clark and Washoe Counties). Section 3 of this bill requires those regulations to be adopted on or before December 31, 2012.

 


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ê2011 Statutes of Nevada, Page 1024 (Chapter 241, SB 226)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  (Deleted by amendment.)

     Sec. 2.  NRS 501.181 is hereby amended to read as follows:

     501.181  The Commission shall:

     1.  Establish broad policies for:

     (a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this State.

     (b) The promotion of the safety of persons using or property used in the operation of vessels on the waters of this State.

     (c) The promotion of uniformity of laws relating to policy matters.

     2.  Guide the Department in its administration and enforcement of the provisions of this title and of chapter 488 of NRS by the establishment of such policies.

     3.  Establish policies for areas of interest including:

     (a) The management of big and small game mammals, upland and migratory game birds, fur-bearing mammals, game fish, and protected and unprotected mammals, birds, fish, reptiles and amphibians.

     (b) The control of wildlife depredations.

     (c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife.

     (d) The entry, access to, and occupancy and use of such property, including leases of grazing rights, sales of agricultural products and requests by the Director to the State Land Registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.

     (e) The control of nonresident hunters.

     (f) The introduction, transplanting or exporting of wildlife.

     (g) Cooperation with federal, state and local agencies on wildlife and boating programs.

     (h) The revocation of licenses issued pursuant to this title to any person who is convicted of a violation of any provision of this title or any regulation adopted pursuant thereto.

     4.  Establish regulations necessary to carry out the provisions of this title and of chapter 488 of NRS, including:

     (a) Seasons for hunting game mammals and game birds, for hunting or trapping fur-bearing mammals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. The regulations must be established after first considering the recommendations of the Department, the county advisory boards to manage wildlife and others who wish to present their views at an open meeting. Any regulations relating to the closure of a season must be based upon scientific data concerning the management of wildlife. The data upon which the regulations are based must be collected or developed by the Department.

 


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ê2011 Statutes of Nevada, Page 1025 (Chapter 241, SB 226)ê

 

     (b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.

     (c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.

     (d) The number of licenses issued for big game and, if necessary, other game species.

     5.  Adopt regulations requiring the Department to make public, before official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.

     6.  Adopt regulations:

     (a) Governing the provisions of the permit required by NRS 502.390 and for the issuance, renewal and revocation of such a permit.

     (b) Establishing the method for determining the amount of an assessment, and the time and manner of payment, necessary for the collection of the assessment required by NRS 502.390.

     7.  Designate those portions of wildlife management areas for big game mammals that are of special concern for the regulation of the importation, possession and propagation of alternative livestock pursuant to NRS 576.129.

     8.  Adopt regulations governing the trapping of fur-bearing mammals in a residential area of a county whose population is 100,000 or more.

     Sec. 3.  The Board of Wildlife Commissioners shall, on or before December 31, 2012, adopt any regulations required by the amendatory provisions of this act.

     Sec. 4.  This act becomes effective:

     1.  Upon passage and approval for the purpose of adopting any regulations required by the amendatory provisions of this act; and

     2.  On January 1, 2013, for all other purposes.

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ê2011 Statutes of Nevada, Page 1026ê

 

CHAPTER 242, SB 234

Senate Bill No. 234–Senator Horsford

 

CHAPTER 242

 

[Approved: June 3, 2011]

 

AN ACT relating to vehicles; prohibiting a manufacturer from requiring a dealer to alter substantially an existing facility of the dealer or construct a new facility; prohibiting a manufacturer from taking adverse action against a dealer relating to the exportation of a vehicle outside the United States except under certain circumstances; revising provisions governing the modification or replacement of a franchise; revising provisions relating to unfair practices; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 2 of this bill prohibits a manufacturer from requiring a dealer to alter substantially an existing facility or to construct a new facility for any new vehicles that are handled by the dealer in certain circumstances and provides that any such requirement constitutes a modification of the franchise of the dealer.

       Section 3 of this bill prohibits a manufacturer from taking adverse action against a dealer who sells a vehicle which is later exported outside the United States, unless the dealer had actual knowledge of or reasonably should have known of the exportation of the vehicle.

       Section 9 of this bill provides that if a manufacturer is purchased by another manufacturer or entity, a dealer must be offered a franchise agreement that is substantially similar to the franchise agreement offered to other dealers of the same line and make of vehicles.

       Section 16 of this bill provides that the forms for the application for credit and contracts to be used in the sale of vehicles prescribed by the Commissioner of Financial Institutions must contain a provision which provides that if the seller elects to rescind the contract, the seller must provide notice to the buyer not less than 20 days after the date of the contract.

       Section 10 of this bill provides that a refusal to accept an amended claim for parts and labor or a claim that was not filed before the manufacturer’s deadline that is submitted within 60 days after the claim was first filed or was due is an unfair practice. Section 10 also makes an audit confirming a warranty repair, sales incentive or rebate performed more than 9 months after a claim was made an unfair practice. Section 11 of this bill prohibits a manufacturer from preventing a dealer from disclosing a service, repair guidance or recall notice or providing certain information relating to warranty coverage.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

     Sec. 2.  1.  A manufacturer shall not require a dealer:

     (a) To alter substantially an existing facility of the dealer; or

     (b) To construct a new facility,

Ê for any new vehicles that are handled by the dealer unless the alteration or new construction constitutes a reasonable facility requirement in accordance with the franchise agreement.

 


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ê2011 Statutes of Nevada, Page 1027 (Chapter 242, SB 234)ê

 

     2.  If a manufacturer requires a substantial alteration of an existing facility of the dealer or requires the dealer to construct a new facility, that requirement constitutes a modification of the franchise of the dealer for the purposes of this section and NRS 482.36311 to 482.36425, inclusive, and section 3 of this act.

     Sec. 3.  A manufacturer shall not modify the franchise of a dealer or take any adverse action against a dealer that sells a vehicle which is later exported outside the United States, unless the dealer had actual knowledge of or reasonably should have known of the exportation of the vehicle.

     Secs. 4-8.  (Deleted by amendment.)

     Sec. 9.  NRS 482.36354 is hereby amended to read as follows:

     482.36354  1.  A manufacturer or distributor shall not modify the franchise of a dealer or replace the franchise with another franchise if the modification or replacement would have a substantially adverse effect upon the dealer’s investment or obligations to provide sales and service, unless:

     (a) The manufacturer or distributor has given written notice of its intention to the Director and the dealer affected by the intended modification or replacement; and

     (b) Either of the following conditions occurs:

           (1) The dealer does not file a protest with the Director within 30 days after receiving the notice; or

           (2) After a protest has been filed with the Director and the Director has conducted a hearing, the Director issues an order authorizing the manufacturer or distributor to modify or replace the franchise.

     2.  The notice required by subsection 1 must be given to the dealer and to the Director at least 60 days before the date on which the intended action is to take place.

     3.  If a manufacturer or distributor changes the area of primary responsibility of a dealer, the change constitutes a modification of the franchise of the dealer for the purposes of NRS 482.36311 to 482.36425, inclusive. As used in this subsection, “area of primary responsibility” means the geographic area in which a dealer, pursuant to a franchise agreement, is responsible for selling, servicing and otherwise representing the products of a manufacturer or distributor.

     4.  Notwithstanding the provisions of this section, if a manufacturer is purchased by another manufacturer or entity, a dealer must be offered a franchise agreement that is substantially similar to the franchise agreement offered to other dealers of the same line and make of vehicles.

     Sec. 10.  NRS 482.36385 is hereby amended to read as follows:

     482.36385  It is an unfair act or practice for any manufacturer, distributor or factory branch, directly or through any representative, to:

     1.  Compete with a dealer. A manufacturer or distributor shall not be deemed to be competing when operating a previously existing dealership temporarily for a reasonable period, or in a bona fide retail operation which is for sale to any qualified person at a fair and reasonable price, or in a bona fide relationship in which a person has made a significant investment subject to loss in the dealership and can reasonably expect to acquire full ownership of the dealership on reasonable terms and conditions.

     2.  Discriminate unfairly among its dealers, or fail without good cause to comply with franchise agreements, with respect to warranty reimbursement or authority granted to its dealers to make warranty adjustments with retail customers.

 


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ê2011 Statutes of Nevada, Page 1028 (Chapter 242, SB 234)ê

 

     3.  Fail to compensate a dealer fairly for the work and services which the dealer is required to perform in connection with the delivery and preparation obligations under any franchise, or fail to compensate a dealer fairly for labor, parts and other expenses incurred by the dealer under the manufacturer’s warranty agreements. The manufacturer shall set forth in writing the respective obligations of a dealer and the manufacturer in the preparation of a vehicle for delivery, and as between them a dealer’s liability for a defective product is limited to the obligation so set forth. Fair compensation includes diagnosis and reasonable administrative and clerical costs. The dealer’s compensation for parts and labor to satisfy a warranty must not be less than the amount of money charged to its various retail customers for parts and labor that are not covered by a warranty. If parts are supplied by the manufacturer, including exchanged parts and assembled components, the dealer is entitled with respect to each part to an amount not less than the dealer’s normal retail markup for the part. This subsection does not apply to compensation for any part, system, fixture, appliance, furnishing, accessory or feature of a motor home or recreational vehicle that is designed, used and maintained primarily for nonvehicular, residential purposes.

     4.  Fail to [pay] :

     (a) Pay all claims made by dealers for compensation for delivery and preparation work, transportation claims, special campaigns and work to satisfy warranties within 30 days after approval, or fail to approve or disapprove such claims within 30 days after receipt [, or disapprove] ;

     (b) Disapprove any claim without notice to the dealer in writing of the grounds for disapproval [.] ;

     (c) Accept an amended claim for labor and parts if the amended claim is submitted not later than 60 days after the date on which the manufacturer or distributor notifies the dealer that the claim has been disapproved and the disapproval was based on the dealer’s failure to comply with a specific requirement for processing the claim, including, without limitation, a clerical error or other administrative technicality that does not relate to the legitimacy of the claim.

Ê Failure to approve or disapprove or to pay within the specified time limits in an individual case does not constitute a violation of this section if the failure is because of reasons beyond the control of the manufacturer, distributor or factory branch.

     5.  Sell a new vehicle to a person who is not licensed as a new vehicle dealer under the provisions of this chapter.

     6.  Use false, deceptive or misleading advertising or engage in deceptive acts in connection with the manufacturer’s or distributor’s business.

     7.  Perform an audit to confirm a warranty repair, sales incentive or rebate more than [12] 9 months after the date [of the transaction.] on which the claim was made. An audit of a dealer’s records pursuant to this subsection may be conducted by the manufacturer or distributor on a reasonable basis, and a dealer’s claim for warranty or sales incentive compensation must not be denied except for good cause, including, without limitation, performance of nonwarranty repairs, lack of material documentation, fraud or misrepresentation. A dealer’s failure to comply with the specific requirements of the manufacturer or distributor for processing the claim does not constitute grounds for the denial of the claim or the reduction of the amount of compensation to the dealer if reasonable documentation or other evidence has been presented to substantiate the claim.

 


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ê2011 Statutes of Nevada, Page 1029 (Chapter 242, SB 234)ê

 

documentation or other evidence has been presented to substantiate the claim. The manufacturer or distributor shall not deny a claim or reduce the amount of compensation to the dealer for warranty repairs to resolve a condition discovered by the dealer during the course of a separate repair.

     8.  Prohibit or prevent a dealer from appealing the results of an audit to confirm a warranty repair, sales incentive or rebate, or to require that such an appeal be conducted at a location other than the dealer’s place of business.

     Sec. 11.  NRS 482.36389 is hereby amended to read as follows:

     482.36389  A manufacturer shall not [require] :

     1.  Require a dealer to disclose information concerning a customer to the manufacturer or a third party if the customer objects or the disclosure is otherwise unlawful [.] ; or

     2.  Prohibit or prevent a dealer from disclosing a service, repair guidance or recall notice that is documented by the manufacturer or notifying customers of available warranty coverage and expiration dates of existing warranty coverage.

     Secs. 12-15.  (Deleted by amendment.)

     Sec. 15.5.  Chapter 97 of NRS is hereby amended by adding thereto a new section to read as follows:

     Notwithstanding the provisions of any contract to the contrary, default on the part of the buyer is only enforceable to the extent that:

     1.  The buyer fails to make a payment as required by the agreement; or

     2.  The prospect of payment, performance or realization of collateral is significantly impaired. The burden of establishing the prospect of significant impairment is on the seller.

     Sec. 16.  NRS 97.299 is hereby amended to read as follows:

     97.299  1.  The Commissioner of Financial Institutions shall prescribe, by regulation, forms for the application for credit and contracts to be used in the sale of vehicles if:

     (a) The sale involves the taking of a security interest to secure all or a part of the purchase price of the vehicle;

     (b) The application for credit is made to or through the seller of the vehicle;

     (c) The seller is a dealer; and

     (d) The sale is not a commercial transaction.

     2.  The forms prescribed pursuant to subsection 1 must meet the requirements of NRS 97.165, must be accepted and acted upon by any lender to whom the application for credit is made and, in addition to the information required in NRS 97.185 and required to be disclosed in such a transaction by federal law, must:

     (a) Identify and itemize the items embodied in the cash sale price, including the amount charged for a contract to service the vehicle after it is purchased.

     (b) In specifying the amount of the buyer’s down payment, identify the amounts paid in money and allowed for property given in trade and the amount of any manufacturer’s rebate applied to the down payment.

     (c) Contain a description of any property given in trade as part of the down payment.

     (d) Contain a description of the method for calculating the unearned portion of the finance charge upon prepayment in full of the unpaid total of payments as prescribed in NRS 97.225.

 


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ê2011 Statutes of Nevada, Page 1030 (Chapter 242, SB 234)ê

 

     (e) Contain a provision that default on the part of the buyer is only enforceable to the extent that:

           (1) The buyer fails to make a payment as required by the agreement; or

           (2) The prospect of payment, performance or realization of collateral is significantly impaired. The burden of establishing the prospect of significant impairment is on the seller.

     (f) Contain a provision which provides that if the seller exercises a valid option to cancel the vehicle sale as a result of being unable to assign the contract to a financial institution with whom the seller regularly does business, the seller must hand-deliver or send prepaid by United States mail written notice to the buyer not less than 20 days after the date of the contract.

     (g) Include the following notice in at least 10-point bold type:

 

NOTICE TO BUYER

 

      Do not sign this agreement before you read it or if it contains any blank spaces. You are entitled to a completed copy of this agreement. If you pay the amount due before the scheduled date of maturity of the indebtedness and you are not in default in the terms of the contract for more than 2 months, you are entitled to a refund of the unearned portion of the finance charge. If you fail to perform your obligations under this agreement, the vehicle may be repossessed and you may be liable for the unpaid indebtedness evidenced by this agreement.

 

     3.  The Commissioner shall arrange for or otherwise cause the translation into Spanish of the forms prescribed pursuant to subsection 1.

     4.  If a change in state or federal law requires the Commissioner to amend the forms prescribed pursuant to subsection 1, the Commissioner need not comply with the provisions of chapter 233B of NRS when making those amendments.

     5.  As used in this section:

     (a) “Commercial transaction” means any sale of a vehicle to a buyer who purchases the vehicle solely or primarily for commercial use or resale.

     (b) “Dealer” has the meaning ascribed to it in NRS 482.020.

     Sec. 17.  (Deleted by amendment.)

     Sec. 17.5.  The Commissioner of Financial Institutions shall adopt the regulations required by section 16 of this act on or before October 1, 2011.

     Sec. 18.  1.  This section and sections 16 and 17.5 of this act become effective upon passage and approval for the purpose of adopting regulations and on October 1, 2011, for all other purposes.

     2.  Sections 1 to 15.5, inclusive, and 17 of this act become effective on October 1, 2011.

     3.  The amendatory provisions of section 16 of this act expire by limitation on September 30, 2012.

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ê2011 Statutes of Nevada, Page 1031ê

 

CHAPTER 243, SB 273

Senate Bill No. 273–Senator Copening

 

CHAPTER 243

 

[Approved: June 3, 2011]

 

AN ACT relating to osteopathic medicine; authorizing an osteopathic physician to engage in telemedicine under certain circumstances; authorizing the State Board of Osteopathic Medicine to place any condition, limitation or restriction on a license under certain circumstances; requiring the Board to submit to the Governor and to the Director of the Legislative Counsel Bureau certain reports compiling disciplinary action taken by the Board against physician assistants; revising provisions governing applications for licensure by the Board; revising provisions governing the requirements for licensure by the Board; revising certain provisions relating to the renewal of a license by the Board; revising provisions relating to certain continuing education requirements for licensees; authorizing the Board to prorate the initial license fee for certain licenses; expanding the authority of the Board to discipline a physician assistant for certain conduct; revising provisions requiring certain persons to report information relating to certain malpractice claims to the Board; expanding the authority of the Board to investigate a physician assistant for certain conduct; revising provisions governing certain complaints filed with the Board; authorizing the Board summarily to suspend the license of a physician assistant under certain circumstances; authorizing the Board to seek injunctive relief against an osteopathic physician or physician assistant for engaging in certain conduct; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes the State Board of Osteopathic Medicine to issue, renew and suspend a license to practice osteopathic medicine and to issue and renew a license to practice as a physician assistant in this State. (NRS 633.305-633.501)

       Section 2 of this bill authorizes an osteopathic physician to engage in telemedicine if the osteopathic physician is properly licensed and meets certain other criteria. Section 34 of this bill authorizes the Board to seek injunctive relief against an osteopathic physician for engaging in telemedicine without a required license. Section 3 of this bill authorizes the Board to place any condition, limitation or restriction on a license issued by the Board under certain circumstances.

       Section 6 of this bill expands the scope of unprofessional conduct, which is subject to regulation by the Board, to include certain actions of a physician assistant. Section 9 of this bill authorizes the Board to reject an application for licensure as an osteopathic physician or physician assistant if the Board has cause to believe that information submitted with the application by the applicant is false, misleading, deceptive or fraudulent. Section 9.5 of this bill revises provisions governing the requirements for licensure by the Board. Section 11 of this bill authorizes an osteopathic physician to apply for another temporary license after the expiration of one such license. Section 14 of this bill authorizes the Board to prorate the initial license fee for a new license to practice as an osteopathic physician and physician assistant. Sections 11.7 and 13 of this bill require a physician assistant to meet certain continuing education requirements before renewing his or her license to practice as a physician assistant in this State. Section 12 of this bill shortens certain procedural deadlines with respect to the renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant.

 


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ê2011 Statutes of Nevada, Page 1032 (Chapter 243, SB 273)ê

 

procedural deadlines with respect to the renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant. Sections 15 and 29 of this bill expand the scope of the authority of the Board to discipline a physician assistant.

       Sections 16, 17 and 21 of this bill require the reporting of information relating to certain malpractice claims to the Board, and sections 20 and 21 of this bill expand the scope of certain reporting requirements to include the conduct or investigation of physician assistants. Sections 17 and 29 also expand the applicability of certain administrative fines imposed by the Board.

       Sections 19, 22 and 23 of this bill authorize the Board to order a physician assistant to undergo a competency examination under certain circumstances. Section 24 of this bill authorizes the immediate suspension of the license of a physician assistant under certain circumstances. Sections 26 and 34 of this bill authorize the Board to seek injunctive relief against a physician assistant for certain conduct. Section 36 of this bill provides that a person who practices as a physician assistant without a valid license or uses the identity of another person to do so is guilty of a category D felony.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 633 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

     Sec. 2.  1.  An osteopathic physician may engage in telemedicine in this State if he or she possesses an unrestricted license to practice osteopathic medicine in this State pursuant to this chapter. If an osteopathic physician engages in telemedicine with a patient who is physically located in another state or territory of the United States, the osteopathic physician shall, before engaging in telemedicine with the patient, take any steps necessary to be authorized or licensed to practice osteopathic medicine in the other state or territory of the United States in which the patient is physically located.

     2.  Except as otherwise provided in subsections 3 and 4, before an osteopathic physician may engage in telemedicine pursuant to this section:

     (a) A bona fide relationship between the osteopathic physician and the patient must exist which must include, without limitation, a history and physical examination or consultation which occurred in person and which was sufficient to establish a diagnosis and identify any underlying medical conditions of the patient.

     (b) The osteopathic physician must obtain informed, written consent from the patient or the legal representative of the patient to engage in telemedicine with the patient. The osteopathic physician shall maintain the consent form as part of the permanent medical record of the patient.

     (c) The osteopathic physician must inform the patient, both orally and in writing:

           (1) That the patient or the legal representative of the patient may withdraw the consent provided pursuant to paragraph (b) at any time;

           (2) Of the potential risks, consequences and benefits of telemedicine;

           (3) Whether the osteopathic physician has a financial interest in the Internet website used to engage in telemedicine or in the products or services provided to the patient via telemedicine;

 


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ê2011 Statutes of Nevada, Page 1033 (Chapter 243, SB 273)ê

 

           (4) That the transmission of any confidential medical information while engaged in telemedicine is subject to all applicable federal and state laws with respect to the protection of and access to confidential medical information; and

           (5) That the osteopathic physician will not release any confidential medical information without the express, written consent of the patient or the legal representative of the patient.

     3.  An osteopathic physician is not required to comply with the provisions of paragraph (a) of subsection 2 if the osteopathic physician engages in telemedicine for the purposes of making a diagnostic interpretation of a medical examination, study or test of the patient.

     4.  An osteopathic physician is not required to comply with the provisions of paragraph (a) or (c) of subsection 2 in an emergency medical situation.

     5.  The provisions of this section must not be interpreted or construed to:

           (a) Modify, expand or alter the scope of practice of an osteopathic physician pursuant to this chapter; or

           (b) Authorize the practice of osteopathic medicine or delivery of care by an osteopathic physician in a setting that is not authorized by law or in a manner that violates the standard of care required of an osteopathic physician pursuant to this chapter.

     6.  As used in this section, “telemedicine” means the practice of osteopathic medicine through the synchronous or asynchronous transfer of medical data or information using interactive audio, video or data communication, other than through a standard telephone, facsimile transmission or electronic mail message.

     Sec. 3.  1.  The Board may place any condition, limitation or restriction on any license issued pursuant to this chapter if the Board determines that such action is necessary to protect the public health, safety or welfare.

     2.  The Board shall not report any condition, limitation or restriction placed on a license pursuant to this section to the National Practitioner Data Bank unless the licensee fails to comply with the condition, limitation or restriction placed on the license. The Board may, upon request, report any such information to an agency of another state which regulates the practice of osteopathic medicine in that State.

     3.  The Board may modify any condition, limitation or restriction placed on a license pursuant to this section if the Board determines that the modification is necessary to protect the public health, safety or welfare.

     4.  Any condition, limitation or restriction placed on a license pursuant to this section is not a disciplinary action pursuant to NRS 633.651.

     Sec. 4.  (Deleted by amendment.)

     Sec. 5.  NRS 633.071 is hereby amended to read as follows:

     633.071  “Malpractice” means failure on the part of an osteopathic physician or physician assistant to exercise the degree of care, diligence and skill ordinarily exercised by osteopathic physicians or physician assistants in good standing in the community in which he or she practices.

 


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ê2011 Statutes of Nevada, Page 1034 (Chapter 243, SB 273)ê

 

     Sec. 6.  NRS 633.131 is hereby amended to read as follows:

     633.131  1.  “Unprofessional conduct” includes:

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

     (b) Failure of a [licensee of the] person who is licensed to practice [of] osteopathic medicine to [designate his or her school of practice in the professional use of his or her name by] identify himself or herself professionally by using the term D.O., osteopathic physician, doctor of osteopathy or a similar term.

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

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

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

     (f) Engaging in any:

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

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

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

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

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

     (j) Willful disclosure of a communication privileged pursuant to a statute or court order.

     (k) Willful disobedience of the regulations of the State Board of Health, the State Board of Pharmacy or the State Board of Osteopathic Medicine.

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

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

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

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

 


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ê2011 Statutes of Nevada, Page 1035 (Chapter 243, SB 273)ê

 

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

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

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

     2.  It is not unprofessional conduct:

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

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

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

     Sec. 7.  NRS 633.221 is hereby amended to read as follows:

     633.221  [1.]  The Board shall elect from its members a President, a Vice President and a Secretary-Treasurer, who shall hold their respective offices at [its] the pleasure [.

     2.  The Board may fix and pay a salary to the Secretary-Treasurer.] of the Board.

     Sec. 8.  NRS 633.286 is hereby amended to read as follows:

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

     (a) Disciplinary action taken by the Board during the previous biennium against osteopathic physicians and physician assistants for malpractice or negligence;

     (b) Information reported to the Board during the previous biennium pursuant to NRS 633.526, 633.527, subsections 3 and 4 of NRS 633.533 and NRS 690B.250 and 690B.260; and

     (c) Information reported to the Board during the previous biennium pursuant to NRS 633.524, including, without limitation, the number and types of surgeries performed by each holder of a license to practice osteopathic medicine and the occurrence of sentinel events arising from such surgeries, if any.

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

     Sec. 9.  NRS 633.305 is hereby amended to read as follows:

     633.305  1.  Every applicant for a license shall:

     (a) File an application with the Board in the manner prescribed by regulations of the Board;

 


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ê2011 Statutes of Nevada, Page 1036 (Chapter 243, SB 273)ê

 

     (b) Submit verified proof satisfactory to the Board that the applicant meets any age, citizenship and educational requirements prescribed by this chapter; and

     (c) Pay in advance to the Board the application and initial license fee specified in [this chapter.] NRS 633.501.

     2.  An application filed with the Board pursuant to subsection 1 must include all information required to complete the application.

     3.  The Board may hold hearings and conduct investigations into any matter related to the application and, in addition to the proofs required by subsection 1, may take such further evidence and require such other documents or proof of qualifications as it deems proper.

     4.  The Board may reject an application if [it appears] the Board has cause to believe that any credential or information submitted by the applicant is false [.] , misleading, deceptive or fraudulent.

     Sec. 9.5.  NRS 633.311 is hereby amended to read as follows:

     633.311  Except as otherwise provided in NRS 633.315, an applicant for a license to practice osteopathic medicine may be issued a license by the Board if:

     1.  The applicant is 21 years of age or older;

     2.  The applicant is a citizen of the United States or is lawfully entitled to remain and work in the United States;

     3.  The applicant is a graduate of a school of osteopathic medicine;

     4.  The applicant:

     (a) Has graduated from a school of osteopathic medicine before 1995 and has completed:

           (1) A hospital internship; or

           (2) One year of postgraduate training that complies with the standards of intern training established by the American Osteopathic Association;

     (b) Has completed 3 years , or such other length of time as required by a specific program, of postgraduate medical education as a resident in the United States or Canada in a program approved by the Board, the Bureau of Professional Education of the American Osteopathic Association or the Accreditation Council for Graduate Medical Education; or

     (c) Is a resident who is enrolled in a postgraduate training program in this State, has completed 24 months of the program and has committed, in writing, that he or she will complete the program;

     5.  The applicant applies for the license as provided by law;

     6.  The applicant passes:

     (a) All parts of the licensing examination of the National Board of Osteopathic Medical Examiners;

     (b) All parts of the licensing examination of the Federation of State Medical Boards of the United States, Inc.;

     (c) All parts of the licensing examination of the Board, a state, territory or possession of the United States, or the District of Columbia, and is certified by a specialty board of the American Osteopathic Association or by the American Board of Medical Specialties; or

     (d) A combination of the parts of the licensing examinations specified in paragraphs (a), (b) and (c) that is approved by the Board;

     7.  The applicant pays the fees provided for in this chapter; and

     8.  The applicant submits all information required to complete an application for a license.

 


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     Sec. 10.  NRS 633.351 is hereby amended to read as follows:

     633.351  [Any] An unsuccessful applicant may appeal to the district court to review the action of the Board, if the applicant files the appeal within [6 months from] 30 days after the date [of the rejection of] on which the order rejecting the application is issued by the Board. Upon appeal , the applicant has the burden of showing that the action of the Board is erroneous or unlawful.

     Sec. 11.  NRS 633.391 is hereby amended to read as follows:

     633.391  1.  The Board may issue to a qualified person a temporary license to practice osteopathic medicine in [order to authorize a] this State which authorizes the person [who is qualified to practice osteopathic medicine in this State] to serve as a substitute for [:

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

     [(b) An] an osteopathic physician licensed pursuant to this chapter [,

Ê] who is absent from his or her practice.

     2.  Each applicant for [such] a temporary license [shall] issued pursuant to this section must pay the temporary license fee specified in this chapter.

     3.  A temporary license to practice osteopathic medicine is valid for not more than 6 months after issuance and is not renewable. Upon the expiration of a temporary license, an osteopathic physician may apply for a new temporary license in accordance with the provisions of this section.

     Sec. 11.3.  NRS 633.400 is hereby amended to read as follows:

     633.400  1.  Except as otherwise provided in NRS 633.315, the Board shall, except for good cause, issue a license by endorsement to a person who has been issued a license to practice osteopathic medicine by the District of Columbia or any state or territory of the United States if:

     (a) At the time the person files an application with the Board, the license is in effect and unrestricted; and

     (b) The applicant:

           (1) Is currently certified by either a specialty board of the American Board of Medical Specialties or a specialty board of the American Osteopathic Association, [and] or was certified or recertified within the past 10 years;

           (2) Has had no adverse actions reported to the National Practitioner Data Bank within the past 5 years;

           (3) Has been continuously and actively engaged in the practice of osteopathic medicine within his or her specialty for the past 5 years;

           (4) Is not involved in and does not have pending any disciplinary action concerning a license to practice osteopathic medicine in the District of Columbia or any state or territory of the United States;

           (5) Provides information on all the medical malpractice claims brought against him or her, without regard to when the claims were filed or how the claims were resolved; and

           (6) Meets all statutory requirements to obtain a license to practice osteopathic medicine in this State except that the applicant is not required to meet the requirements set forth in NRS 633.311.

     2.  Any person applying for a license pursuant to this section shall pay in advance to the Board the application and initial license fee specified in this chapter.

 


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     3.  A license by endorsement may be issued at a meeting of the Board or between its meetings by its President and Executive Director. Such action shall be deemed to be an action of the Board.

     Sec. 11.5.  NRS 633.434 is hereby amended to read as follows:

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

     1.  The educational and other qualifications of applicants.

     2.  The required academic program for applicants.

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

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

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

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

     7.]  The grounds and procedures respecting disciplinary actions against physician assistants.

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

     Sec. 11.7.  NRS 633.471 is hereby amended to read as follows:

     633.471  1.  Except as otherwise provided in subsection 4 and NRS 633.491, every holder of a license [to practice osteopathic medicine] issued under this chapter, except a temporary or a special license, may renew the license on or before January 1 of each calendar year after its issuance by:

     (a) Applying for renewal on forms provided by the Board;

     (b) Paying the annual license renewal fee specified in this chapter;

     (c) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against the holder during the previous year;

     (d) Submitting an affidavit to the Board that in the year preceding the application for renewal the holder has attended courses or programs of continuing education approved by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association; and

     (e) Submitting all information required to complete the renewal.

     2.  The Secretary of the Board shall notify each licensee [of the practice of osteopathic medicine] of the requirements for renewal not less than 30 days before the date of renewal.

     3.  The Board shall request submission of verified evidence of completion of the required number of hours of continuing medical education annually from no fewer than one-third of the applicants for renewal of a license to practice osteopathic medicine [.] or a license to practice as a physician assistant. Upon a request from the Board, an applicant for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant shall submit verified evidence satisfactory to the Board that in the year preceding the application for renewal the applicant attended courses or programs of continuing medical education approved by the Board totaling the number of hours established by the Board.

 


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     4.  Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.

     Sec. 12.  NRS 633.481 is hereby amended to read as follows:

     633.481  1.  Except as otherwise provided in subsection 2, if a licensee [of the practice of osteopathic medicine] fails to comply with the requirements of NRS 633.471 within [30] 10 days after the renewal date, the Board shall give [30] 15 days’ notice of the failure to renew the license and of the [revocation] expiration of the license by certified mail to the licensee at the licensee’s last known address that is registered with the Board. If the license is not renewed [before the expiration of the 30 days’] within 15 days after receiving notice, the license [is] expires automatically [revoked] without any further notice or a hearing and the Board shall file a copy of the notice with the Drug Enforcement Administration of the United States Department of Justice or its successor agency.

     2.  A licensee [of the practice of osteopathic medicine] who fails to meet the continuing education requirements for license renewal may apply to the Board for a waiver of the requirements. The Board may grant a waiver for that year only if [it] the Board finds that the failure is due to [the licensee’s] a disability, military service , [or] absence from the United States, or [to] circumstances beyond the control of the licensee which are deemed by the Board to excuse the failure.

     3.  A person whose license [is revoked] has expired under this section may apply to the Board for restoration of the license upon:

     (a) Payment of all past due renewal fees and the late payment fee specified in [this chapter;] NRS 633.501;

     (b) Producing verified evidence satisfactory to the Board of completion of the total number of hours of continuing education required for the year preceding the renewal date and for each year succeeding the date of [revocation;] expiration;

     (c) Stating under oath in writing that he or she has not withheld information from the Board which if disclosed would [furnish] constitute grounds for disciplinary action under this chapter; and

     (d) Submitting [all] any other information that is required by the Board to [complete the restoration of] restore the license.

     Sec. 13.  NRS 633.491 is hereby amended to read as follows:

     633.491  1.  A licensee [of the practice of osteopathic medicine] who retires from [such] practice [need not] is not required annually to renew his or her license after filing with the Board an affidavit stating the date on which he or she retired from practice and [such] any other [facts] evidence that the Board may require to verify the retirement . [as the Board deems necessary.]

     2.  [A retired licensee of the] An osteopathic physician or physician assistant who retires from practice [of osteopathic medicine] and who desires to return to practice may apply to renew his or her license by paying all back annual license renewal fees from the date of retirement and submitting verified evidence satisfactory to the Board that the licensee has attended continuing education courses or programs approved by the Board which total:

     (a) Twenty-five hours if the licensee has been retired 1 year or less.

     (b) Fifty hours within 12 months of the date of the application if the licensee has been retired for more than 1 year.

 


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     3.  A licensee [of the practice of osteopathic medicine] who wishes to have a license placed on inactive status must provide the Board with an affidavit stating the date on which the licensee will cease the practice of osteopathic medicine or cease to practice as a physician assistant in Nevada and any other [facts] evidence that the Board may require. The Board shall place the license of the licensee on inactive status upon receipt of:

     (a) The affidavit required pursuant to this subsection; and

     (b) Payment of the inactive license fee prescribed by NRS 633.501.

     4.  [A licensee of the practice of] An osteopathic [medicine] physician or physician assistant whose license has been placed on inactive status:

     (a) [Need] Is not required to annually renew the license.

     (b) Shall annually pay the inactive license fee prescribed by NRS 633.501.

     (c) Shall not [engage in the] practice [of] osteopathic medicine or practice as a physician assistant in this State.

     5.  [A licensee of the practice of] An osteopathic [medicine] physician or physician assistant whose license is on inactive status and who wishes to renew [the] his or her license to practice osteopathic medicine or license to practice as a physician assistant must:

     (a) Provide to the Board verified evidence satisfactory to the Board of completion of the total number of hours of continuing medical education required for:

           (1) The year preceding the date of the application for renewal of the license ; [to practice osteopathic medicine;] and

           (2) Each year [succeeding] after the date the license was placed on inactive status.

     (b) Provide to the Board an affidavit stating that the applicant has not withheld from the Board any information which would [provide] constitute grounds for disciplinary action pursuant to this chapter.

     (c) Comply with all other requirements for renewal.

     Sec. 14.  NRS 633.501 is hereby amended to read as follows:

     633.501  [The]

     1.  Except as otherwise provided in subsection 2, the Board shall charge and collect fees not to exceed the following amounts:

     [1.] (a) Application and initial license fee for an osteopathic physician............................................... $800

     [2.] (b) Annual license renewal fee for an osteopathic physician........................................................... 500

     [3.] (c) Temporary license fee................................................................................................................ 500

     [4.] (d) Special or authorized facility license fee.................................................................................... 200

     [5.] (e) Special event license fee............................................................................................................ 200

     [6.] (f) Special or authorized facility license renewal fee....................................................................... 200

     [7.] (g) Reexamination fee..................................................................................................................... 200

     [8.] (h) Late payment fee....................................................................................................................... 300

     [9.] (i) Application and initial license fee for a physician assistant......................................................... 400

     [10.] (j) Annual license renewal fee for a physician assistant................................................................. 400

     [11.] (k) Inactive license fee.................................................................................................................. 200

 


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     2.  The Board may prorate the initial license fee for a new license issued pursuant to paragraph (a) or (i) of subsection 1 which expires less than 6 months after the date of issuance.

     3.  The cost of any special meeting called at the request of a licensee, an institution, an organization, a state agency or an applicant for licensure must be paid by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting the meeting has paid a cash deposit with the Board sufficient to defray all expenses of the meeting.

     Sec. 15.  NRS 633.511 is hereby amended to read as follows:

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

     1.  Unprofessional conduct.

     2.  Conviction of:

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

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

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

     (d) Murder, voluntary manslaughter or mayhem;

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

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

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

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

     (i) Any offense involving moral turpitude.

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

     4.  Malpractice or gross malpractice, which may be evidenced by a claim of malpractice settled against a [practitioner.] licensee.

     5.  Professional incompetence.

     6.  Failure to comply with the requirements of NRS 633.527.

     7.  Failure to comply with the requirements of subsection 3 of NRS 633.471.

     8.  Failure to comply with the provisions of NRS 633.694.

     9.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

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

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

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

     10.  Failure to comply with the provisions of subsection 2 of NRS 633.322.

     11.  Signing a blank prescription form.

 


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     12.  Attempting, directly or indirectly, by intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.

     13.  Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient.

     14.  In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the licensee knows to be false, failing to file a record or report that is required by law or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.

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

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

     17.  Engaging in any act that is unsafe in accordance with regulations adopted by the Board.

     18.  Failure to comply with the provisions of section 2 of this act.

     Sec. 16.  NRS 633.526 is hereby amended to read as follows:

     633.526  1.  The insurer of an osteopathic physician or physician assistant licensed under this chapter shall report to the Board:

     (a) Any action for malpractice against the osteopathic physician or physician assistant not later than 45 days after the osteopathic physician or physician assistant receives service of a summons and complaint for the action;

     (b) Any claim for malpractice against the osteopathic physician or physician assistant that is submitted to arbitration or mediation not later than 45 days after the claim is submitted to arbitration or mediation; and

     (c) Any settlement, award, judgment or other disposition of any action or claim described in paragraph (a) or (b) not later than 45 days after the settlement, award, judgment or other disposition.

     2.  The Board shall report any failure to comply with subsection 1 by an insurer licensed in this State to the Division of Insurance of the Department of Business and Industry. If, after a hearing, the Division of Insurance determines that any such insurer failed to comply with the requirements of subsection 1, the Division may impose an administrative fine of not more than $10,000 against the insurer for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.

     Sec. 17.  NRS 633.527 is hereby amended to read as follows:

     633.527  1.  An osteopathic physician or physician assistant shall report to the Board:

     (a) Any action for malpractice against the osteopathic physician or physician assistant not later than 45 days after the osteopathic physician or physician assistant receives service of a summons and complaint for the action;

 


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     (b) Any claim for malpractice against the osteopathic physician or physician assistant that is submitted to arbitration or mediation not later than 45 days after the claim is submitted to arbitration or mediation;

     (c) Any settlement, award, judgment or other disposition of any action or claim described in paragraph (a) or (b) not later than 45 days after the settlement, award, judgment or other disposition; and

     (d) Any sanctions imposed against the osteopathic physician or physician assistant that are reportable to the National Practitioner Data Bank not later than 45 days after the sanctions are imposed.

     2.  If the Board finds that an osteopathic physician or physician assistant has violated any provision of this section, the Board may impose a fine of not more than $5,000 against the osteopathic physician or physician assistant for each violation, in addition to any other fines or penalties permitted by law.

     3.  All reports made by an osteopathic physician or physician assistant pursuant to this section are public records.

     Sec. 18.  NRS 633.528 is hereby amended to read as follows:

     633.528  If the Board receives a report pursuant to the provisions of NRS 633.526, 633.527, 690B.250 or 690B.260 indicating that a judgment has been rendered or an award has been made against an osteopathic physician or physician assistant regarding an action or claim for malpractice or that such an action or claim against the osteopathic physician or physician assistant has been resolved by settlement, the Board shall conduct an investigation to determine whether to [impose disciplinary action against] discipline the osteopathic physician or physician assistant regarding the action or claim, unless the Board has already commenced or completed such an investigation regarding the action or claim before it receives the report.

     Sec. 19.  NRS 633.529 is hereby amended to read as follows:

     633.529  1.  Notwithstanding the provisions of chapter 622A of NRS, if the Board receives a report pursuant to the provisions of NRS 633.526, 633.527, 690B.250 or 690B.260 indicating that a judgment has been rendered or an award has been made against an osteopathic physician or physician assistant regarding an action or claim for malpractice , or that such an action or claim against the osteopathic physician or physician assistant has been resolved by settlement, the Board may order [that] the osteopathic physician or physician assistant to undergo a mental or physical examination or [an] any other examination [testing] designated by the Board to test his or her competence to practice osteopathic medicine or to practice as a physician assistant, as applicable. An examination conducted pursuant to this subsection must be conducted by osteopathic physicians [or other examinations] designated by the Board . [to assist the Board or any investigative committee of the Board in determining the fitness of the osteopathic physician to practice medicine.]

     2.  For the purposes of this section:

     (a) [Every] An osteopathic physician or physician assistant who applies for a license or who holds a license under this chapter [shall be] is deemed to have given consent to submit to a mental or physical examination or an examination testing his or her competence to practice osteopathic medicine [when ordered to do so in writing] or to practice as a physician assistant, as applicable, pursuant to a written order by the Board.

 


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     (b) The testimony or reports of the examining osteopathic physician are not privileged communications.

     Sec. 20.  NRS 633.531 is hereby amended to read as follows:

     633.531  1.  The Board or any of its members, [any] or a medical review panel of a hospital or medical society , which becomes aware [that any one or combination of the] of any conduct by an osteopathic physician or physician assistant that may constitute grounds for initiating disciplinary action [may exist as to a person practicing osteopathic medicine in this State] shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board.

     2.  The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

     Sec. 21.  NRS 633.533 is hereby amended to read as follows:

     633.533  1.  Except as otherwise provided in subsection 2, any person may file with the Board a complaint against an osteopathic physician or physician assistant on a form provided by the Board. The form may be submitted in writing or electronically. If a complaint is submitted anonymously, the Board may accept the complaint but may refuse to consider the complaint if the lack of the identity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

     2.  Any licensee, medical school or medical facility that becomes aware that a person practicing osteopathic medicine or practicing as a physician assistant in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the Board within 30 days after becoming aware of the conduct.

     3.  Any hospital, clinic or other medical facility licensed in this State, or medical society, shall file a written report [to] with the Board of any change in [an osteopathic physician’s] the privileges of an osteopathic physician to practice osteopathic medicine or a physician assistant to practice as a physician assistant while the osteopathic physician or physician assistant is under investigation , and the outcome of any disciplinary action taken by [that] the facility or society against the osteopathic physician or physician assistant concerning the care of a patient or the competency of the osteopathic physician or physician assistant, within 30 days after the change in privileges is made or disciplinary action is taken. The Board shall report any failure to comply with this subsection by a hospital, clinic or other medical facility licensed in this State to the Health Division of the Department of Health and Human Services. If, after a hearing, the Health Division determines that any such facility or society failed to comply with the requirements of this subsection, the Health Division may impose an administrative fine of not more than $10,000 against the facility or society for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Health Division.

     4.  The clerk of every court shall report to the Board any finding, judgment or other determination of the court that an osteopathic physician or physician assistant:

 


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ê2011 Statutes of Nevada, Page 1045 (Chapter 243, SB 273)ê

 

     (a) Is [a person with mental illness;] mentally ill;

     (b) Is [a person with mental incompetence;] mentally incompetent;

     (c) Has been convicted of a felony or any law governing controlled substances or dangerous drugs;

     (d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or

     (e) Is liable for damages for malpractice or negligence,

Ê within 45 days after [such a] the finding, judgment or determination . [is made.]

     5.  On or before January 15 of each year, the clerk of every court shall submit to the Office of Court Administrator created pursuant to NRS 1.320 a written report compiling the information that the clerk reported during the previous year to the Board regarding osteopathic physicians and physician assistants pursuant to paragraph (e) of subsection 4.

     Sec. 22.  NRS 633.561 is hereby amended to read as follows:

     633.561  1.  Notwithstanding the provisions of chapter 622A of NRS, if the Board or a member of the Board designated to review a complaint pursuant to NRS 633.541 has reason to believe that the conduct of an osteopathic physician or physician assistant has raised a reasonable question as to his or her competence to practice osteopathic medicine or to practice as a physician assistant, as applicable, with reasonable skill and safety to patients, the Board or the member designated by the Board may require the osteopathic physician or physician assistant to submit to a mental or physical examination conducted by physicians designated by the Board. If the osteopathic physician or physician assistant participates in a diversion program, the diversion program may exchange with any authorized member of the staff of the Board any information concerning the recovery and participation of the osteopathic physician or physician assistant in the diversion program. As used in this subsection, “diversion program” means a program approved by the Board to correct an osteopathic physician’s or physician assistant’s alcohol or drug dependence or any other impairment.

     2.  For the purposes of this section:

     (a) [Every] An osteopathic physician or physician assistant who is licensed under this chapter and who accepts the privilege of practicing osteopathic medicine or practicing as a physician assistant in this State [shall be] is deemed to have given consent to submit to a mental or physical examination [if directed to do so in writing] pursuant to a written order by the Board.

     (b) The testimony or examination reports of the examining physicians are not privileged communications.

     3.  Except in extraordinary circumstances, as determined by the Board, the failure of [a] an osteopathic physician or physician assistant who is licensed under this chapter to submit to an examination [if directed as provided in] pursuant to this section constitutes an admission of the charges against the osteopathic physician [.] or physician assistant.

     Sec. 23.  NRS 633.571 is hereby amended to read as follows:

     633.571  Notwithstanding the provisions of chapter 622A of NRS, if the Board has reason to believe that the conduct of any osteopathic physician or physician assistant has raised a reasonable question as to his or her competence to practice osteopathic medicine or to practice as a physician assistant, as applicable, with reasonable skill and safety to patients, the Board may [cause a medical competency examination of] require the osteopathic physician or physician assistant to submit to an examination for the purposes of determining his or her [fitness] competence to practice osteopathic medicine or to practice as a physician assistant, as applicable, with reasonable skill and safety to patients.

 


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ê2011 Statutes of Nevada, Page 1046 (Chapter 243, SB 273)ê

 

competence to practice osteopathic medicine or to practice as a physician assistant, as applicable, with reasonable skill and safety to patients, the Board may [cause a medical competency examination of] require the osteopathic physician or physician assistant to submit to an examination for the purposes of determining his or her [fitness] competence to practice osteopathic medicine or to practice as a physician assistant, as applicable, with reasonable skill and safety to patients.

     Sec. 24.  NRS 633.581 is hereby amended to read as follows:

     633.581  1.  If an investigation by the Board [regarding] of an osteopathic physician or physician assistant reasonably determines that the health, safety or welfare of the public or any patient served by the osteopathic physician or physician assistant is at risk of imminent or continued harm, the Board may summarily suspend the license of the osteopathic physician [.] or physician assistant. The order of summary suspension may be issued by the Board, an investigative committee of the Board or the Executive Director of the Board after consultation with the President, Vice President or Secretary-Treasurer of the Board.

     2.  If the Board issues an order summarily suspending the license of an osteopathic physician or physician assistant pursuant to subsection 1, the Board shall hold a hearing regarding the matter not later than 45 days after the date on which the Board issues the order summarily suspending the license unless the Board and the licensee mutually agree to a longer period.

     3.  Notwithstanding the provisions of chapter 622A of NRS, if the Board issues an order summarily suspending the license of an osteopathic physician or physician assistant pending [proceedings] a proceeding for disciplinary action and requires the osteopathic physician or physician assistant to submit to a mental or physical examination or a medical competency examination, the examination [shall] must be conducted and the results must be obtained not later than 60 days after the Board issues [its] the order.

     Sec. 25.  NRS 633.591 is hereby amended to read as follows:

     633.591  Notwithstanding the provisions of chapter 622A of NRS, if the Board issues an order summarily suspending the license of an osteopathic physician or physician assistant pending proceedings for disciplinary action, including, without limitation, a summary suspension pursuant to NRS 233B.127, the court shall not stay that order unless the Board fails to institute and determine such proceedings as promptly as the requirements for investigation of the case reasonably allow.

     Sec. 26.  NRS 633.601 is hereby amended to read as follows:

     633.601  1.  In addition to any other remedy provided by law, the Board, through [its President or Secretary] an officer of the Board or the Attorney General, may apply to any court of competent jurisdiction to enjoin any unprofessional conduct of an osteopathic physician or physician assistant which is harmful to the public or to limit the [physician’s] practice of the osteopathic physician or physician assistant or suspend his or her license to practice osteopathic medicine or to practice as a physician assistant, as applicable, as provided in this section.

     2.  The court in a proper case may issue a temporary restraining order or a preliminary injunction for such purposes:

 


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ê2011 Statutes of Nevada, Page 1047 (Chapter 243, SB 273)ê

 

     (a) Without proof of actual damage sustained by any person, this provision being a preventive as well as punitive measure; and

     (b) Pending proceedings for disciplinary action by the Board. Notwithstanding the provisions of chapter 622A of NRS, such proceedings shall be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.

     Sec. 27.  NRS 633.631 is hereby amended to read as follows:

     633.631  Except as otherwise provided in chapter 622A of NRS:

     1.  Service of process made under this chapter [shall] must be either personal or by registered or certified mail with return receipt requested, addressed to the osteopathic physician or physician assistant at his or her last known address, as indicated [on] in the records of the Board . [, if possible.] If personal service cannot be made and if mail notice is returned undelivered, the Secretary of the Board shall cause a notice of hearing to be published once a week for 4 consecutive weeks in a newspaper published in the county of the [physician’s] last known address of the osteopathic physician or physician assistant or, if no newspaper is published in that county, [then] in a newspaper widely distributed in that county.

     2.  Proof of service of process or publication of notice made under this chapter [shall] must be filed with the Secretary of the Board and [shall] must be recorded in the minutes of the Board.

     Sec. 28.  NRS 633.641 is hereby amended to read as follows:

     633.641  Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary proceeding before the Board, a hearing officer or a panel:

     1.  Proof of actual injury need not be established where the formal complaint charges deceptive or unethical professional conduct or medical practice harmful to the public.

     2.  A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license to practice osteopathic medicine or to practice as a physician assistant is conclusive evidence of its occurrence.

     Sec. 29.  NRS 633.651 is hereby amended to read as follows:

     633.651  1.  If the Board finds a person guilty in a disciplinary proceeding, it shall by order take one or more of the following actions:

     (a) Place the person on probation for a specified period or until further order of the Board.

     (b) Administer to the person a public reprimand.

     (c) Limit the practice of the person to, or by the exclusion of, one or more specified branches of osteopathic medicine.

     (d) Suspend the license of the person to practice osteopathic medicine or to practice as a physician assistant for a specified period or until further order of the Board.

     (e) Revoke the license of the person to practice osteopathic medicine [.] or to practice as a physician assistant.

     (f) Impose a fine not to exceed $5,000 for each violation.

     (g) Require supervision of the practice of the person.

     (h) Require the person to perform community service without compensation.

 


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     (i) Require the person to complete any training or educational requirements specified by the Board.

     (j) Require the person to participate in a program to correct alcohol or drug dependence or any other impairment.

Ê The order of the Board may contain any other terms, provisions or conditions as the Board deems proper and which are not inconsistent with law.

     2.  The Board shall not administer a private reprimand.

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

     Sec. 30.  NRS 633.671 is hereby amended to read as follows:

     633.671  1.  Any person who has been placed on probation or whose license has been limited, suspended or revoked by the Board is entitled to judicial review of the Board’s order as provided by law.

     2.  Every order of the Board which limits the practice of osteopathic medicine or the practice of a physician assistant or suspends or revokes a license is effective from the date [the Secretary certifies] on which the order is issued by the Board until the date the order is modified or reversed by a final judgment of the court.

     3.  The district court shall give a petition for judicial review of the Board’s order priority over other civil matters which are not expressly given priority by law.

     Sec. 31.  NRS 633.681 is hereby amended to read as follows:

     633.681  1.  Any person:

     (a) Whose practice of osteopathic medicine or practice as a physician assistant has been limited; or

     (b) Whose license to practice osteopathic medicine or to practice as a physician assistant has been:

           (1) Suspended until further order; or

           (2) Revoked,

Ê may apply to the Board after a reasonable period for removal of the limitation or suspension or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license.

     2.  In hearing the application, the Board:

     (a) May require the person to submit to a mental or physical examination by physicians whom it designates and submit such other evidence of changed conditions and of fitness as it deems proper;

     (b) Shall determine whether under all the circumstances the time of the application is reasonable; and

     (c) May deny the application or modify or rescind its order as it deems the evidence and the public safety warrants.

     Sec. 32.  NRS 633.691 is hereby amended to read as follows:

     633.691  1.  In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Board, a medical review panel of a hospital, a hearing officer, a panel of the Board, an employee or volunteer of a diversion program specified in NRS 633.561, or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of an osteopathic physician or physician assistant for gross malpractice, malpractice, professional incompetence or unprofessional conduct is immune from any civil action for such initiation or assistance or any consequential damages, if the person or organization acted in good faith.

 


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ê2011 Statutes of Nevada, Page 1049 (Chapter 243, SB 273)ê

 

physician assistant for gross malpractice, malpractice, professional incompetence or unprofessional conduct is immune from any civil action for such initiation or assistance or any consequential damages, if the person or organization acted in good faith.

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

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

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

     3.  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. 33.  NRS 633.701 is hereby amended to read as follows:

     633.701  The filing and review of a complaint and any subsequent disposition by the Board, the member designated by the Board to review a complaint pursuant to NRS 633.541 or any reviewing court do not preclude:

     1.  Any measure by a hospital or other institution to limit or terminate the privileges of an osteopathic physician or physician assistant according to its rules or the custom of the profession. No civil liability attaches to any such action taken without malice even if the ultimate disposition of the complaint is in favor of the osteopathic physician [.] or physician assistant.

     2.  Any appropriate criminal prosecution by the Attorney General or a district attorney based upon the same or other facts.

     Sec. 34.  NRS 633.711 is hereby amended to read as follows:

     633.711  1.  The Board , through [its President or Secretary] an officer of the Board or the Attorney General , may maintain in any court of competent jurisdiction a suit for an injunction against any person [practicing] :

     (a) Practicing osteopathic medicine or practicing as a physician assistant without a valid license to practice osteopathic medicine [valid under this chapter.] or to practice as a physician assistant; or

     (b) Engaging in telemedicine without a valid license pursuant to section 2 of this act.

 


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ê2011 Statutes of Nevada, Page 1050 (Chapter 243, SB 273)ê

 

     2.  [Such an] An injunction [:] issued pursuant to subsection 1:

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

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

     Sec. 35.  NRS 633.721 is hereby amended to read as follows:

     633.721  In a criminal complaint charging any person with practicing osteopathic medicine or practicing as a physician assistant without a valid license [to practice osteopathic medicine,] issued by the Board, it is sufficient to charge that the person did, upon a certain day, and in a certain county of this State, engage in [the] such practice [of osteopathic medicine] without having a valid license to do so, without averring any further or more particular facts concerning the violation.

     Sec. 36.  NRS 633.741 is hereby amended to read as follows:

     633.741  A person who:

     1.  Except as otherwise provided in NRS 629.091, practices [osteopathic] :

     (a) Osteopathic medicine [:

     (a) Without] without a valid license to practice osteopathic medicine [valid] under this chapter; [or]

     (b) As a physician assistant without a valid license under this chapter; or

     (c) Beyond the limitations ordered upon his or her practice by the Board or the court;

     2.  Presents as his or her own the diploma, license or credentials of another;

     3.  Gives either false or forged evidence of any kind to the Board or any of its members in connection with an application for a license;

     4.  Files for record the license issued to another, falsely claiming himself or herself to be the person named in the license, or falsely claiming himself or herself to be the person entitled to the license;

     5.  Practices osteopathic medicine or practices as a physician assistant under a false or assumed name or falsely personates another licensee of a like or different name;

     6.  Holds himself or herself out as a physician assistant or who uses any other term indicating or implying that he or she is a physician assistant, unless the person has been licensed by the Board as provided in this chapter; or

     7.  Supervises a person as a physician assistant before such person is licensed as provided in this chapter,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.

     Sec. 37.  Section 121 of chapter 413, Statutes of Nevada 2007, as amended by chapter 369, Statutes of Nevada 2009, at page 1856, and chapter 494, Statutes of Nevada 2009, at page 2999, is hereby amended to read as follows:

      Sec. 121.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 42.3, inclusive, and 43 to 120, inclusive, of this act become effective:

 


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ê2011 Statutes of Nevada, Page 1051 (Chapter 243, SB 273)ê

 

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

      (b) On January 1, 2008, for all other purposes.

      3.  [Sections] Section 11 [and 25] of this act [expire] expires by limitation on January 1, 2012.

      4.  Section 42.3 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      5.  Section 42.7 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      6.  Sections 42.7 and 55.5 of this act expire by limitation on the date 2 years after the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

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ê2011 Statutes of Nevada, Page 1052ê

 

CHAPTER 244, SB 237

Senate Bill No. 237–Senator Wiener

 

CHAPTER 244

 

[Approved: June 3, 2011]

 

AN ACT relating to education; revising certain provisions governing the Nevada Youth Legislature; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides for the creation, membership, powers and duties of the Nevada Youth Legislature. (NRS 385.505-385.575) Sections 6 and 16 of this bill provide for the creation of a nonprofit corporation, with a Board of Directors appointed by the Legislative Commission, to provide educational programs and opportunities and administer and oversee the activities of the Youth Legislature. Pursuant to sections 6, 9-12 and 16 of this bill, the Board, working cooperatively with the Legislative Counsel Bureau, assumes most of the duties currently performed by the Bureau and the Director of the Bureau. Sections 5 and 14 of this bill provide for the creation of the Nevada Youth Legislature Account in the Legislative Fund, into which gifts, grants, donations and legislative appropriations may be deposited and from which the expenses and operations of the Youth Legislature are paid. Section 8 of this bill increases the term of a member of the Youth Legislature from 1 year to 2 years, with the possibility of a single, successive 2-year reappointment if the member continues to meet the qualifications for initial appointment. Section 9 of this bill provides that if a member of the Youth Legislature changes his or her residency or school of enrollment in such a manner as to render the member ineligible for his or her original appointment, the member must so inform the Board, in writing, of that fact. Section 9 also expands the eligibility requirements to allow pupils in grade 9 to apply for appointment to the Youth Legislature. Section 10 of this bill sets forth that: (1) the position of a member of the Youth Legislature becomes vacant upon the unexcused absence of the member from any two official, scheduled meetings, courses, events, seminars or activities of the Youth Legislature; and (2) insofar as is practicable, a vacancy on the Youth Legislature must be filled within 30 days after the date on which the vacancy occurs. Section 12 of this bill provides that, in addition to conducting at least one meeting, each member of the Youth Legislature must perform such other activities relating to the Youth Legislature as may be assigned by the Board. Section 15 of this bill extends the date of reversion for the initial appropriation made to the Youth Legislature in 2007 from 2011 to 2013.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

     Sec. 2.  As used in NRS 385.505 to 385.575, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 385.505 and sections 2.5 and 3 of this act have the meanings ascribed to them in those sections.

     Sec. 2.5.  “Account” means the Nevada Youth Legislature Account created by section 5 of this act.

 


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ê2011 Statutes of Nevada, Page 1053 (Chapter 244, SB 237)ê

 

     Sec. 3.  “Board” means the Board of Directors described in subsection 2 of section 6 of this act.

     Sec. 4.  (Deleted by amendment.)

     Sec. 5.  1.  There is hereby created the Nevada Youth Legislature Account in the Legislative Fund.

     2.  Money for the Account may be provided:

     (a) By appropriation; or

     (b) Through the acceptance of gifts, grants and donations as authorized pursuant to NRS 385.545 and section 6 of this act.

     3.  The money in the Account must be held in trust for the Youth Legislature and may be used only:

     (a) For the educational programs and operations of the Youth Legislature;

     (b) To provide administrative support for the Youth Legislature;

     (c) To pay for expenses directly related to the Youth Legislature; and

     (d) For such other purposes directly related to the Youth Legislature as the Board may approve.

     4.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. All claims against the Account must be paid as other claims against the State are paid.

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

     6.  Each year, the Board shall submit an itemized statement of the income and expenditures for the Account to the Legislative Commission.

     Sec. 6.  1.  The Youth Legislature must be administered by a corporation for public benefit, as that term is defined in NRS 82.021, which must include providing educational programs and opportunities as its primary organizational goal.

     2.  The corporation for public benefit must be governed by a Board of Directors consisting of seven members appointed by the Legislative Commission.

     3.  A member of the Board serves a term of 2 years and until his or her successor is appointed. A member of the Board may be reappointed.

     4.  The members of the Board shall elect a Chair and a Vice Chair from among their number. The term of office of the Chair and the Vice Chair is 1 year.

     5.  The Board:

     (a) Shall administer the provisions of NRS 385.505 to 385.575, inclusive, and sections 2 to 6, inclusive, of this act.

     (b) May provide to the Youth Legislature such administrative, financial and other support and guidance as the Board may determine to be necessary or appropriate.

     (c) May employ one or more persons to provide administrative support for the Youth Legislature or pay the costs incurred by one or more volunteers to provide any required administrative support.

     (d) Shall oversee the activities of the Youth Legislature.

 


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ê2011 Statutes of Nevada, Page 1054 (Chapter 244, SB 237)ê

 

     (e) May solicit and accept gifts, grants and donations from any source to provide educational programs and opportunities and for the support of the Youth Legislature in carrying out the provisions of NRS 385.505 to 385.575, inclusive, and sections 2 to 6, inclusive, of this act. Any such gifts, grants and donations must be deposited in the Account.

     (f) May perform such other functions in whatever manner the Board determines will best serve the interests of this State and the Youth Legislature.

     Sec. 7.  NRS 385.505 is hereby amended to read as follows:

     385.505  [As used in NRS 385.505 to 385.575, inclusive,] “Youth Legislature” means the Nevada Youth Legislature created by NRS 385.515.

     Sec. 8.  NRS 385.515 is hereby amended to read as follows:

     385.515  1.  The Nevada Youth Legislature is hereby created, consisting of 21 members.

     2.  Each member of the Senate shall, taking into consideration any recommendations made by a member of the Assembly, appoint a person who submits an application and meets the qualifications for appointment set forth in NRS 385.525. A member of the Assembly may submit recommendations to a member of the Senate concerning the appointment.

     3.  After the initial terms:

     (a) Except as otherwise provided in subsection 4, appointments to the Youth Legislature must be made by each member of the Senate before March 30 of each year.

     (b) The term of each member of the Youth Legislature begins June 1 of the year of appointment.

     4.  If a member of the Senate does not make an appointment to the Youth Legislature by March 30 of a year, the members of the Assembly whose assembly districts are at least partially located within the senatorial district of that member of the Senate must collaborate to appoint a person who submits an application and meets the qualifications for appointment set forth in NRS 385.525.

     5.  Each member of the Youth Legislature serves a term of [1 year] 2 years and may be reappointed to one successive 2-year term if the member continues to meet the qualifications for appointment set forth in NRS 385.525.

     Sec. 9.  NRS 385.525 is hereby amended to read as follows:

     385.525  1.  To be eligible for appointment to the Youth Legislature, a person:

     (a) Must be:

           (1) A resident of the senatorial district of the Senator who appoints him or her;

           (2) Enrolled in a public school or private school located in the senatorial district of the Senator who appoints him or her; or

           (3) A homeschooled child who is otherwise eligible to be enrolled in a public school in the senatorial district of the Senator who appoints him or her;

 


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ê2011 Statutes of Nevada, Page 1055 (Chapter 244, SB 237)ê

 

     (b) Must be enrolled in a public school or private school in this State in grade 9, 10, 11 or 12 for the school year in which he or she serves or be a homeschooled child who is otherwise eligible to enroll in a public school in this State in grade 9, 10, 11 or 12 for the school year in which he or she serves; and

     (c) Must not be related by blood, adoption or marriage within the third degree of consanguinity or affinity to the Senator who appoints him or her or to any member of the Assembly who collaborated to appoint him or her.

     2.  If, at any time, a person appointed to the Youth Legislature changes his or her residency or changes his or her school of enrollment in such a manner as to render the person ineligible under his or her original appointment, the person shall inform the Board, in writing, within 30 days after becoming aware of such changed facts.

     3.  A person who wishes to be appointed or reappointed to the Youth Legislature must submit an application on the form prescribed pursuant to subsection [3] 4 to the Senator of the senatorial district in which the person resides, is enrolled in a public school or private school or, if the person is a homeschooled child, the senatorial district in which he or she is otherwise eligible to be enrolled in a public school. A person may not submit an application to more than one Senator in a calendar year.

     [3.] 4.  The [Director of the Legislative Counsel Bureau] Board shall prescribe a form for applications submitted pursuant to this section, which must require the signature of the principal of the school in which the applicant is enrolled or, if the applicant is a homeschooled child, the signature of a member of the community in which the applicant resides other than a relative of the applicant.

     Sec. 10.  NRS 385.535 is hereby amended to read as follows:

     385.535  1.  A position on the Youth Legislature becomes vacant upon:

     (a) The death or resignation of a member.

     (b) The absence of a member for any reason from [two] :

           (1) Two meetings of the Youth Legislature, including, without limitation, meetings conducted in person, meetings conducted by teleconference, meetings conducted by videoconference and meetings conducted by other electronic means;

           (2) Two activities of the Youth Legislature;

           (3) Two event days of the Youth Legislature; or

           (4) Any combination of absences from meetings, activities or event days of the Youth Legislature, if the combination of absences therefrom equals two or more,

Ê unless the absences are, as applicable, excused by the Chair [of the Youth Legislature.] or Vice Chair of the Board.

     (c) A change of residency or a change of the school of enrollment of a member which renders that member ineligible under his or her original appointment.

     2.  A vacancy on the Youth Legislature must be filled [for] :

     (a) For the remainder of the unexpired term in the same manner as the original appointment.

 


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ê2011 Statutes of Nevada, Page 1056 (Chapter 244, SB 237)ê

 

     (b) Insofar as is practicable, within 30 days after the date on which the vacancy occurs.

     3.  As used in this section, “event day” means any single calendar day on which an official, scheduled event of the Youth Legislature is held, including, without limitation, a course of instruction, a course of orientation, a meeting, a seminar or any other official, scheduled activity.

     Sec. 11.  NRS 385.545 is hereby amended to read as follows:

     385.545  1.  The Youth Legislature shall elect from among its members, to serve a term of 1 year beginning on June 1 of each year:

     (a) A Chair, who shall conduct the meetings and , in cooperation with the Board, oversee the formation of committees as necessary to accomplish the business of the Youth Legislature; and

     (b) A Vice Chair, who shall assist the Chair and conduct the meetings of the Youth Legislature if the Chair is absent or otherwise unable to perform his or her duties.

     2.  The Director of the Legislative Counsel Bureau [:] upon request of the Board:

     (a) Shall provide meeting rooms and teleconference and videoconference facilities for the Youth Legislature.

     (b) Shall, in the event of a vacancy on the Youth Legislature, notify the appropriate appointing authority of such vacancy.

     (c) May accept gifts, grants and donations from any source for the support of the Youth Legislature in carrying out the provisions of NRS 385.505 to 385.575, inclusive [.] , and sections 2 to 6, inclusive, of this act. Any such gifts, grants and donations must be deposited in the Account.

     Sec. 12.  NRS 385.555 is hereby amended to read as follows:

     385.555  1.  The Youth Legislature shall:

     (a) Hold at least two public hearings in this State each school year. The Youth Legislature may simultaneously teleconference or videoconference each public hearing to two or more prominent locations throughout this State.

     (b) Evaluate, review and comment upon issues of importance to the youth in this State, including, without limitation:

           (1) Education;

           (2) Employment opportunities;

           (3) Participation of youth in state and local government;

           (4) A safe learning environment;

           (5) The prevention of substance abuse;

           (6) Emotional and physical well-being;

           (7) Foster care; and

           (8) Access to state and local services.

     (c) Conduct a public awareness campaign to raise awareness about the Youth Legislature and to enhance outreach to the youth in this State.

     2.  During his or her term, each member of the Youth Legislature shall [conduct] :

     (a) Conduct at least one meeting to afford the youth of this State an opportunity to discuss issues of importance to the youth in this State.

 


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ê2011 Statutes of Nevada, Page 1057 (Chapter 244, SB 237)ê

 

     (b) Complete such other activities as may be assigned to him or her by the Board as a member of the Youth Legislature.

     3.  The Youth Legislature may, within the limits of available money [:] and if approved by the Board:

     (a) During the period in which the Legislature is in a regular session, meet as often as necessary to conduct the business of the Youth Legislature and to advise the Legislature on proposed legislation relating to the youth in this State.

     (b) Form committees, which may meet as often as necessary to assist with the business of the Youth Legislature.

     (c) Conduct periodic seminars for its members regarding leadership, government and the legislative process.

     [(d) Employ a person to provide administrative support for the Youth Legislature or pay the costs incurred by one or more volunteers to provide any required administrative support.]

     4.  Except as otherwise provided in this subsection, the Youth Legislature and its committees shall comply with the provisions of chapter 241 of NRS. Any activities of the Youth Legislature which are conducted solely for purposes of training, including, without limitation, any orientation programs conducted for the Youth Legislature, are not subject to the provisions of chapter 241 of NRS.

     5.  On or before May 30 of each year, the Youth Legislature shall submit a written report to the [Director of the Legislative Counsel Bureau] Board and to the Governor describing the activities of the Youth Legislature during the immediately preceding school year and any recommendations for legislation. The [Director] Board shall transmit the written report to the Legislative Committee on Education and to the next regular session of the Legislature.

     Sec. 13.  NRS 385.565 is hereby amended to read as follows:

     385.565  The Youth Legislature may:

     1.  Request the drafting of not more than one legislative measure which relates to matters within the scope of the Youth Legislature. A request must be submitted to the Legislative Counsel on or before December 1 preceding the commencement of a regular session of the Legislature unless the Legislative Commission authorizes submitting a request after that date.

     2.  Adopt procedures to conduct meetings of the Youth Legislature and any committees thereof. Those procedures may be changed upon approval of a majority vote of all members of the Youth Legislature who are present and voting.

     3.  Advise the [Director of the Legislative Counsel Bureau] Board regarding the administration of any appropriations, gifts, grants or donations received for the support of the Youth Legislature.

     Sec. 14.  NRS 385.575 is hereby amended to read as follows:

     385.575  The members of the Youth Legislature serve without compensation. To the extent that money is available [, including, without limitation, money from gifts, grants and donations,] in the Account, the members of the Youth Legislature may receive the per diem allowance and travel expenses provided for state officers and employees generally for attending a meeting of the Youth Legislature or a seminar conducted by the Youth Legislature.

 


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ê2011 Statutes of Nevada, Page 1058 (Chapter 244, SB 237)ê

 

     Sec. 15.  Section 8 of chapter 345, Statutes of Nevada 2007, as amended by chapter 74, Statutes of Nevada 2009, at page 256, is hereby amended to read as follows:

     Sec. 8.  1.  There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act the sum of $35,000 to fund the Nevada Youth Legislative Issues Forum created by Senate Bill 247 of the 2007 Legislative Session.

     2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, [2011,] 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September [16, 2011,] 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September [16, 2011.] 20, 2013.

     Sec. 16.  As soon as practicable after the effective date of this act, the Legislative Commission shall:

     1.  Create or cause to be created the corporation for public benefit described in section 6 of this act. The corporation must be created in accordance with the requirements set forth in chapter 82 of NRS.

     2.  Appoint a Board of Directors for the corporation for public benefit described in section 6 of this act.

     3.  Perform such other activities as are necessary to provide initial support to the corporation for public benefit described in section 6 of this act.

     Sec. 17.  All money previously appropriated, donated, granted or otherwise supplied to the Nevada Youth Legislature, or its successor in interest, remaining unexpended and unencumbered on the effective date of this act must be transferred to the Nevada Youth Legislature Account created by section 5 of this act on or before July 1, 2011.

     Sec. 18.  This act becomes effective upon passage and approval.

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ê2011 Statutes of Nevada, Page 1059ê

 

CHAPTER 245, SB 277

Senate Bill No. 277–Senator Wiener

 

CHAPTER 245

 

[Approved: June 3, 2011]

 

AN ACT relating to juveniles; prohibiting, under certain circumstances, a minor from using an electronic communication device to possess, transmit or distribute certain sexual images of a minor; clarifying the definition of “cyber-bullying” for the purposes of certain provisions relating to education; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law prohibits a person, under certain circumstances, from distributing to a minor material that is harmful to minors. Such material includes certain nude pictures of a person. If an adult violates these provisions, the adult is generally guilty of a misdemeanor. (NRS 201.265) If a minor violates these provisions, the minor may be adjudicated delinquent. (NRS 62B.330) Existing law also prohibits a person from committing certain acts regarding pornography involving minors. (NRS 200.700-200.760) If an adult violates these provisions, the adult is guilty of a felony and is subject to registration and community notification as a sex offender. (NRS 179D.010-179D.550) If a minor violates these provisions, the minor may be adjudicated delinquent and subject to registration and community notification as a juvenile sex offender. (Chapter 62F of NRS) This bill provides an alternative prohibition with alternative penalties for violating that alternative prohibition which can be applied to certain minors instead of the penalties in existing law. Thus, this bill preserves prosecutorial discretion in addressing this issue.

       Section 1 of this bill prohibits, under certain circumstances, a minor from using an electronic communication device, such as a cell phone, to possess, transmit or distribute a sexual image of himself or herself or of another minor. A minor who uses an electronic communication device to transmit or distribute a sexual image of himself or herself is considered a child in need of supervision for the purposes of the laws governing juvenile justice for the first violation, and is considered to have committed a delinquent act for a second or subsequent violation. A minor who uses an electronic communication device to possess a sexual image of another minor is considered a child in need of supervision, while a minor who uses an electronic communication device to transmit or distribute a sexual image of another minor is considered to have committed a delinquent act. Section 1 also provides that a minor who violates the provisions of section 1 is not considered a sex offender and is not subject to registration or community notification as a juvenile sex offender or as a sex offender.

       Existing law requires the Department of Education to prescribe a policy for all school districts and public schools to provide a safe and respectful learning environment that is free of bullying, cyber-bullying, harassment and intimidation, including the provision of training to school personnel and requirements for reporting violations of the policy. (NRS 388.121-388.139) Section 4 of this bill revises the definition of “cyber-bullying” to clarify that the term includes the use of electronic communication to transmit or distribute a sexual image of a minor.

       This revised definition of “cyber-bullying” also applies to certain other provisions related to education. Specifically, the term applies to existing law which requires the Council to Establish Academic Standards for Public Schools to establish the standards of content and performance for courses of study in computer education and technology. (NRS 389.520) Those standards must include a policy for the ethical, safe and secure use of computers and other electronic devices which includes methods to ensure the prevention of cyber-bullying. Further, the revised definition applies to existing law which prohibits a person from using any means of oral, written or electronic communication, including the use of cyber-bullying, to knowingly threaten to cause bodily harm or death to a pupil or school employee with the intent to: (1) intimidate, frighten, alarm or distress the pupil or school employee; (2) cause panic or civil unrest; or (3) interfere with the operation of a public school.

 


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applies to existing law which prohibits a person from using any means of oral, written or electronic communication, including the use of cyber-bullying, to knowingly threaten to cause bodily harm or death to a pupil or school employee with the intent to: (1) intimidate, frighten, alarm or distress the pupil or school employee; (2) cause panic or civil unrest; or (3) interfere with the operation of a public school. (NRS 392.915)

 

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

 

     Whereas, The Legislature has taken a strong stance with regard to protecting children from the harmful effects of child pornography and in doing so has enacted several statutes which impose severe penalties for persons who violate Nevada’s child pornography laws; and

     Whereas, Existing law provides that if an adult violates those child pornography laws, the adult is guilty of a felony and subject to registration and community notification as a sex offender; and

     Whereas, Existing law also provides that if a child violates those child pornography laws, the child may be adjudicated delinquent and subject to registration and community notification as a juvenile sex offender; and

     Whereas, The rapid advancement of new technology, such as cell phones with cameras, has created the unintended consequence of making it easy for children to violate these child pornography laws; and

     Whereas, A significant number of children regularly use cellular phones and computers to communicate with their peers, and the act of sending such communications can be completed in a matter of seconds; and

     Whereas, Some elements of popular culture aimed at children and young adults glamorize and urge others to engage in the act commonly referred to as “sexting,” the act of sending or posting sexual images of oneself or another via a computer, cellular phone or other electronic device; and

     Whereas, An increasing number of children use such technology to engage in the act of sexting; and

     Whereas, Children often act without fully contemplating the potential grave consequences of their actions, including, without limitation, the serious penalties imposed for violating child pornography laws, the requirement to register as a sex offender for violating such laws, the negative effect on relationships, the loss of educational and employment opportunities, the use of such materials in bullying and cyber-bullying, and the distribution of such materials on the Internet to a worldwide audience; and

     Whereas, It is important to educate children about the serious consequences of engaging in sexting and to provide an effective and measured response to children who engage in such behavior without imposing penalties on these children which will severely, negatively and, in many cases, permanently alter these children’s lives; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  A minor shall not knowingly and willfully use an electronic communication device to transmit or distribute a sexual image of himself or herself to another person.

 


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     2.  A minor shall not knowingly and willfully use an electronic communication device to transmit or distribute a sexual image of another minor who is older than, the same age as or not more than 4 years younger than the minor transmitting the sexual image.

     3.  A minor shall not knowingly and willfully possess a sexual image that was transmitted or distributed as described in subsection 1 or 2 if the minor who is the subject of the sexual image is older than, the same age as or not more than 4 years younger than the minor who possesses the sexual image. It is an affirmative defense to a violation charged pursuant to this subsection if the minor who possesses a sexual image:

     (a) Did not knowingly purchase, procure, solicit or request the sexual image or take any other action to cause the sexual image to come into his or her possession; and

     (b) Promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency or a school official, to access any sexual image:

           (1) Took reasonable steps to destroy each image; or

           (2) Reported the matter to a law enforcement agency or a school official and gave the law enforcement agency or school official access to each image.

     4.  A minor who violates subsection 1:

     (a) For the first violation:

           (1) Is a child in need of supervision, as that term is used in title 5 of NRS, and is not a delinquent child; and

           (2) Is not considered a sex offender or juvenile sex offender and is not subject to registration or community notification as a juvenile sex offender pursuant to title 5 of NRS, or as a sex offender pursuant to NRS 179D.010 to 179D.550, inclusive.

     (b) For the second or a subsequent violation:

           (1) Commits a delinquent act, and the court may order the detention of the minor in the same manner as if the minor had committed an act that would have been a misdemeanor if committed by an adult; and

           (2) Is not considered a sex offender or juvenile sex offender and is not subject to registration or community notification as a juvenile sex offender pursuant to title 5 of NRS, or as a sex offender pursuant to NRS 179D.010 to 179D.550, inclusive.

     5.  A minor who violates subsection 2:

     (a) Commits a delinquent act, and the court may order the detention of the minor in the same manner as if the minor had committed an act that would have been a misdemeanor if committed by an adult; and

     (b) Is not considered a sex offender or juvenile sex offender and is not subject to registration or community notification as a juvenile sex offender pursuant to title 5 of NRS, or as a sex offender pursuant to NRS 179D.010 to 179D.550, inclusive.

     6.  A minor who violates subsection 3:

     (a) Is a child in need of supervision, as that term is used in title 5 of NRS, and is not a delinquent child; and

     (b) Is not considered a sex offender or juvenile sex offender and is not subject to registration or community notification as a juvenile sex offender pursuant to title 5 of NRS, or as a sex offender pursuant to NRS 179D.010 to 179D.550, inclusive.

     7.  As used in this section:

 


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ê2011 Statutes of Nevada, Page 1062 (Chapter 245, SB 277)ê

 

     (a) “Electronic communication device” means any electronic device that is capable of transmitting or distributing a sexual image, including, without limitation, a cellular phone, personal digital assistant, computer, computer network and computer system.

     (b) “Minor” means a person who is under 18 years of age.

     (c) “School official” means a principal, vice principal, school counselor or school police officer.

     (d) “Sexual conduct” has the meaning ascribed to it in NRS 200.700.

     (e) “Sexual image” means any visual depiction, including, without limitation, any photograph or video, of a minor simulating or engaging in sexual conduct or of a minor as the subject of a sexual portrayal.

     (f) “Sexual portrayal” has the meaning ascribed to it in NRS 200.700.

     Sec. 2.  NRS 200.740 is hereby amended to read as follows:

     200.740  For the purposes of NRS 200.710 to 200.735, inclusive, and section 1 of this act, to determine whether a person was a minor, the court or jury may:

     1.  Inspect the person in question;

     2.  View the performance;

     3.  Consider the opinion of a witness to the performance regarding the person’s age;

     4.  Consider the opinion of a medical expert who viewed the performance; or

     5.  Use any other method authorized by the rules of evidence at common law.

     Sec. 3.  NRS 62B.320 is hereby amended to read as follows:

     62B.320  1.  Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction in proceedings concerning any child living or found within the county who is alleged or adjudicated to be in need of supervision because the child:

     (a) Is subject to compulsory school attendance and is a habitual truant from school;

     (b) Habitually disobeys the reasonable and lawful demands of the parent or guardian of the child and is unmanageable; [or]

     (c) Deserts, abandons or runs away from the home or usual place of abode of the child and is in need of care or rehabilitation [.] ; or

     (d) Uses an electronic communication device to transmit or distribute a sexual image of himself or herself to another person or to possess a sexual image in violation of section 1 of this act.

     2.  A child who is subject to the jurisdiction of the juvenile court pursuant to this section must not be considered a delinquent child.

     3.  As used in this section:

     (a) “Electronic communication device” has the meaning ascribed to it in section 1 of this act.

     (b) “Sexual image” has the meaning ascribed to it in section 1 of this act.

     Sec. 4.  NRS 388.123 is hereby amended to read as follows:

     388.123  “Cyber-bullying” means bullying through the use of electronic communication. The term includes the use of electronic communication to transmit or distribute a sexual image of a minor. As used in this section, “sexual image” has the meaning ascribed to it in section 1 of this act.

     Sec. 5.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 1063ê

 

CHAPTER 246, SB 420

Senate Bill No. 420–Committee on Health and Human Services

 

CHAPTER 246

 

[Approved: June 3, 2011]

 

AN ACT relating to facilities for long-term care; requiring certain facilities that provide long-term care to establish certain policies concerning the readmission to the facility after a patient is transferred out of the facility; requiring certain facilities that provide long-term care to post certain information about persons or entities that have ownership or control over the facility; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 3 of this bill requires a facility for intermediate care, facility for skilled nursing and residential facility for groups to adopt a written policy which establishes the length of time it will hold a bed for a patient or resident who must be temporarily transferred to another facility for medical reasons and which provides that such a patient or resident will be allowed to return to the first available bed if he or she does not return within the established time, if the facility is suitable for properly caring for the patient. Section 3 further requires the facility to inform a patient or resident of these policies regarding readmission after a temporary transfer for medical reasons when the patient or resident is admitted to the facility.

       Existing law requires certain information to be included on each license issued by the Health Division of the Department of Health and Human Services and requires the operator of a residential facility for groups to post his or her license in a conspicuous location in the facility. (NRS 449.085, 449.095) Section 9 of this bill requires a facility for intermediate care and a facility for skilled nursing to post the license, information concerning the organizational structure of the management of the facility and contact information for the administrator and the representative of the owner or operator of the facility in a conspicuous location in the facility, and requires a residential facility for groups to post the same contact information with respect to the facility.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

     Sec. 2.  (Deleted by amendment.)

     Sec. 3.  1.  A facility for intermediate care, facility for skilled nursing and residential facility for groups shall adopt a written policy that establishes:

     (a) The number of days the facility will hold the bed of a patient or resident for his or her return if the patient or resident is transferred temporarily to a hospital or other facility for medical reasons; and

     (b) That a patient or resident who is so transferred for a period that exceeds the period of the hold established pursuant to paragraph (a) will be allowed to resume his or her residency as soon as a bed becomes available, if the facility is suitable for properly caring for the patient upon his or her return.

 


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     2.  Upon admission of a patient or resident to a facility for intermediate care, facility for skilled nursing or residential facility for groups, the facility shall provide to the patient or resident and, if applicable, to the legal representative of the patient or resident, a copy of the policy established pursuant to subsection 1.

     Sec. 4.  (Deleted by amendment.)

     Sec. 5.  NRS 449.070 is hereby amended to read as follows:

     449.070  The provisions of NRS 449.001 to 449.240, inclusive, and section 3 of this act do not apply to:

     1.  Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.

     2.  Foster homes as defined in NRS 424.014.

     3.  Any medical facility or facility for the dependent operated and maintained by the United States Government or an agency thereof.

     Sec. 6.  NRS 449.080 is hereby amended to read as follows:

     449.080  1.  If, after investigation, the Health Division finds that the:

     (a) Applicant is in full compliance with the provisions of NRS 449.001 to 449.240, inclusive [;] , and section 3 of this act;

     (b) Applicant is in substantial compliance with the standards and regulations adopted by the Board;

     (c) Applicant, if he or she has undertaken a project for which approval is required pursuant to NRS 439A.100, has obtained the approval of the Director of the Department of Health and Human Services; and

     (d) Facility conforms to the applicable zoning regulations,

Ê the Health Division shall issue the license to the applicant.

     2.  A license applies only to the person to whom it is issued, is valid only for the premises described in the license and is not transferable.

     Sec. 7.  (Deleted by amendment.)

     Sec. 8.  NRS 449.091 is hereby amended to read as follows:

     449.091  1.  The Health Division may cancel the license of a medical facility or facility for the dependent and issue a provisional license, effective for a period determined by the Health Division, to such a facility if it:

     (a) Is in operation at the time of the adoption of standards and regulations pursuant to the provisions of NRS 449.001 to 449.240, inclusive, and section 3 of this act and the Health Division determines that the facility requires a reasonable time under the particular circumstances within which to comply with the standards and regulations; or

     (b) Has failed to comply with the standards or regulations and the Health Division determines that the facility is in the process of making the necessary changes or has agreed to make the changes within a reasonable time.

     2.  The provisions of subsection 1 do not require the issuance of a license or prevent the Health Division from refusing to renew or from revoking or suspending any license where the Health Division deems such action necessary for the health and safety of the occupants of any facility.

     Sec. 9.  NRS 449.095 is hereby amended to read as follows:

     449.095  1.  A person who operates a residential facility for groups shall:

 


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ê2011 Statutes of Nevada, Page 1065 (Chapter 246, SB 420)ê

 

     [1.] (a) Post his or her license to operate the residential facility for groups; [and]

     [2.] (b) Post the rates for services provided by the residential facility for groups [,] ; and

     (c) Post contact information for the administrator and the designated representative of the owner or operator of the facility,

Ê in a conspicuous place in the residential facility for groups.

     2.  A person who operates a facility for intermediate care or facility for skilled nursing shall:

     (a) Post his or her license to operate the facility;

     (b) Post the organizational structure of the management of the facility; and

     (c) Post contact information for the administrator and the designated representative of the owner or operator of the facility,

Ê in a conspicuous place in the facility for intermediate care or facility for skilled nursing.

     Sec. 10.  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 3 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 3 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:

     (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:

 


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ê2011 Statutes of Nevada, Page 1066 (Chapter 246, SB 420)ê

 

     (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. 11.  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 3 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 a violation by a medical facility or facility for the dependent relates to the health or safety of a patient, an administrative penalty imposed pursuant to paragraph (c) of subsection 1 must be in a total amount of not less than $1,000 and not more than $10,000 for each patient who was harmed or at risk of harm as a result of the violation.

     3.  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

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

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

 


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ê2011 Statutes of Nevada, Page 1067 (Chapter 246, SB 420)ê

 

     5.  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.

     Sec. 12.  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 3 of this act:

     (a) Without first obtaining a license therefor; or

     (b) After his or her 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. 13.  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 3 of this act.

     2.  The State Fire Marshal or a designee of the State Fire Marshal 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 a designee of the State Health Officer 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. 14.  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 $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on 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 or her license by the use of fraud or deceit.

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

 


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ê2011 Statutes of Nevada, Page 1068 (Chapter 246, SB 420)ê

 

     (d) Aids or abets any person in the violation of any of the provisions of NRS 449.001 to 449.240, inclusive, and section 3 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 pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing, his or her right to attend the hearing.

     3.  The Board may compel the attendance of witnesses or the production of documents or objects by subpoena. The Board may adopt regulations that set forth a procedure pursuant to which the Chair of the Board may issue subpoenas on behalf of the Board. Any person who is subpoenaed pursuant to this subsection may request the Board to modify the terms of the subpoena or grant additional time for compliance.

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

     5.  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.

     Sec. 15.  (Deleted by amendment.)

     Sec. 16.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 1069ê

 

CHAPTER 247, SB 444

Senate Bill No. 444–Committee on Finance

 

CHAPTER 247

 

[Approved: June 3, 2011]

 

AN ACT relating to the Department of Public Safety; eliminating the Administrative Services Division of the Department; revising the duties of the Director of the Department; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Sections 1 and 2 of this bill eliminate the Administrative Services Division of the Department of Public Safety. Section 3 of this bill requires the Director of the Department to provide to the various divisions of the Department the fiscal, accounting and other administrative services which previously were provided by the Administrative Services Division.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 480.130 is hereby amended to read as follows:

     480.130  The Department consists of:

     1.  [An Administrative Services Division;

     2.]  An Investigation Division;

     [3.] 2.  A Nevada Highway Patrol Division;

     [4.] 3.  A Division of Emergency Management;

     [5.] 4.  A State Fire Marshal Division;

     [6.] 5.  A Division of Parole and Probation;

     [7.] 6.  A Capitol Police Division;

     [8.] 7.  A Training Division; and

     [9.] 8.  A Records and Technology Division.

     Sec. 2.  NRS 480.140 is hereby amended to read as follows:

     480.140  The primary functions and responsibilities of the divisions of the Department are as follows:

     1.  [The Administrative Services Division shall furnish fiscal, accounting and other administrative services to the Director and the various divisions, and advise and assist the Director and the various divisions in carrying out their functions and responsibilities.

     2.]  The Investigation Division shall:

     (a) Execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs;

     (b) Assist the Secretary of State in carrying out an investigation pursuant to NRS 293.124; and

     (c) Perform such duties and exercise such powers as may be conferred upon it pursuant to this chapter and any other specific statute.

     [3.] 2.  The Nevada Highway Patrol Division shall, in conjunction with the Department of Motor Vehicles, execute, administer and enforce the provisions of chapters 484A to 484E, inclusive, of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 480.360 and any other specific statute.

 


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ê2011 Statutes of Nevada, Page 1070 (Chapter 247, SB 444)ê

 

duties and exercise such powers as may be conferred upon it pursuant to NRS 480.360 and any other specific statute.

     [4.] 3.  The Division of Emergency Management shall execute, administer and enforce the provisions of chapter 414 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 414 of NRS and any other specific statute.

     [5.] 4.  The State Fire Marshal Division shall execute, administer and enforce the provisions of chapter 477 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 477 of NRS and any other specific statute.

     [6.] 5.  The Division of Parole and Probation shall execute, administer and enforce the provisions of chapters 176A and 213 of NRS relating to parole and probation and perform such duties and exercise such powers as may be conferred upon it pursuant to those chapters and any other specific statute.

     [7.] 6.  The Capitol Police Division shall assist the Chief of the Buildings and Grounds Division of the Department of Administration in the enforcement of subsection 1 of NRS 331.140.

     [8.] 7.  The Training Division shall provide training to the employees of the Department.

     [9.] 8.  The Records and Technology Division shall:

     (a) Execute, administer and enforce the provisions of chapter 179A of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 179A of NRS and any other specific statute; and

     (b) Provide technology support services to the Director, the divisions of the Department and the Nevada Criminal Justice Information System and offer technology services as may be imposed by the Director.

     Sec. 3.  NRS 480.150 is hereby amended to read as follows:

     480.150  1.  The Director shall:

     (a) Direct and supervise all administrative and technical activities of the Department.

     (b) Formulate the policies of the Department and the various divisions thereof.

     (c) Coordinate the activities of the various divisions of the Department.

     (d) Furnish fiscal, accounting and other administrative services to the various divisions of the Department.

     (e) Adopt such regulations as he or she deems necessary for the operation of the Department and the enforcement of all laws administered by the Department.

     2.  The Director may delegate to the officers and employees of the Department such authorities and responsibilities not otherwise delegated by a specific statute as the Director deems necessary for the efficient conduct of the business of the Department.

     Sec. 4.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 1071ê

 

CHAPTER 248, SB 450

Senate Bill No. 450–Committee on Finance

 

CHAPTER 248

 

[Approved: June 3, 2011]

 

AN ACT making an appropriation to the Interim Finance Committee for allocation to the State Treasurer for a consultant to assist with the development of a request for proposals for the E-payment and Merchant Services contracts; and providing other matters properly relating thereto.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  There is hereby appropriated from the State Highway Fund to the Interim Finance Committee the sum of $25,000 for allocation to the State Treasurer for a consultant to assist with the development of a request for proposals for the E-payment and Merchant Services contracts.

     Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.

     Sec. 3.  This act becomes effective upon passage and approval.

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ê2011 Statutes of Nevada, Page 1072ê

 

CHAPTER 249, SB 481

Senate Bill No. 481–Committee on Finance

 

CHAPTER 249

 

[Approved: June 3, 2011]

 

AN ACT making an appropriation to the Interim Finance Committee for allocation to the State Treasurer; and providing other matters properly relating thereto.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $75,000 for allocation to the State Treasurer for a consultant to assist with the development of a request for proposals for the E-payment and Merchant Services contracts.

     Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2013.

     Sec. 3.  This act becomes effective upon passage and approval.

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ê2011 Statutes of Nevada, Page 1073ê

 

CHAPTER 250, SB 317

Senate Bill No. 317–Senator Wiener

 

CHAPTER 250

 

[Approved: June 3, 2011]

 

AN ACT relating to education; revising provisions governing plans for responding to a crisis in public schools of school districts, charter schools and private schools, so that such plans also address responding to an emergency; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the board of trustees of each school district, the governing body of each charter school and the governing body of each private school to establish a development committee to develop a plan to be used by each public school of the school district, each charter school and each private school in responding to a crisis. (NRS 392.600-392.656, 394.168-394.1699) This bill revises the duties of each development committee to also require that such a plan address responding to an emergency. Sections 2 and 13 of this bill define the emergencies which such a plan must address, including an occurrence or threatened occurrence requiring action to save lives, protect property or to protect the health and safety of persons on the property of a public school or private school, at an activity sponsored by the school or on a school bus. Sections 6, 7, 17 and 18 of this bill require the development committee, when developing and updating the plan for responding to a crisis or an emergency, to consult with the director of the local organization for emergency management or, if there is no such organization, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee. Existing law requires each public school and each private school to establish a school committee to review the plan to respond to a crisis developed by the development committee and to determine whether to request a deviation from the plan for the school. (NRS 392.632, 392.636, 394.169, 394.1691) Sections 8 and 19 of this bill require each school committee to also review the component of the plan for responding to an emergency and to determine whether to request a deviation from the plan. Existing law prescribes the duties of a school principal when responding to a crisis at the school. (NRS 392.648, 394.1696) Sections 11 and 21 of this bill prescribe the duties of a school principal when an emergency occurs. Existing law provides that the plans for responding to a crisis are confidential and further provides that the meetings of the development committees, school committees and the State Board of Education concerning the plans to respond to a crisis are not subject to the Open Meeting Law. (NRS 392.652, 392.656, 394.1698, 394.1699) This bill, with respect to the expanded plans which address both crises and emergencies, maintains that confidentiality and that exception to the Open Meeting Law.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

     Sec. 2.  “Emergency” means an occurrence or threatened occurrence for which action is necessary to save lives, protect property or to protect the health and safety of persons, or to avert the threat of damage to property or injury to persons, on the property of a public school, at an activity sponsored by a public school or on a school bus while the bus is engaged in its official duties for a public school.

 


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ê2011 Statutes of Nevada, Page 1074 (Chapter 250, SB 317)ê

 

sponsored by a public school or on a school bus while the bus is engaged in its official duties for a public school.

     Sec. 3.  “Local organization for emergency management” has the meaning ascribed to it in NRS 414.036.

     Sec. 4.  NRS 392.600 is hereby amended to read as follows:

     392.600  As used in NRS 392.600 to 392.656, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 392.604, 392.608 and 392.612 and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

     Sec. 5.  NRS 392.616 is hereby amended to read as follows:

     392.616  1.  The board of trustees of each school district shall establish a development committee to develop one plan to be used by all the public schools other than the charter schools in the school district in responding to a crisis [.] or an emergency. The governing body of each charter school shall establish a development committee to develop a plan to be used by the charter school in responding to a crisis [.] or an emergency.

     2.  The membership of a development committee must consist of:

     (a) At least one member of the board of trustees or of the governing body that established the committee;

     (b) At least one administrator of a school in the school district or of the charter school;

     (c) At least one licensed teacher of a school in the school district or of the charter school;

     (d) At least one employee of a school in the school district or of the charter school who is not a licensed teacher and who is not responsible for the administration of the school;

     (e) At least one parent or legal guardian of a pupil who is enrolled in a school in the school district or in the charter school;

     (f) At least one representative of a local law enforcement agency in the county in which the school district or charter school is located; [and]

     (g) At least one school police officer, including, without limitation, a chief of school police of the school district if the school district has school police officers [.] ; and

     (h) At least one representative of a state or local organization for emergency management.

     3.  The membership of a development committee may also include any other person whom the board of trustees or the governing body deems appropriate, including, without limitation:

     (a) A counselor of a school in the school district or of the charter school;

     (b) A psychologist of a school in the school district or of the charter school;

     (c) A licensed social worker of a school in the school district or of the charter school;

     (d) A pupil in grade 10 or higher of a school in the school district or a pupil in grade 10 or higher of the charter school if a school in the school district or the charter school includes grade 10 or higher; and

     (e) An attorney or judge who resides or works in the county in which the school district or charter school is located.

     4.  The board of trustees of each school district and the governing body of each charter school shall determine the term of each member of the development committee that it establishes. Each development committee may adopt rules for its own management and government.

 


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ê2011 Statutes of Nevada, Page 1075 (Chapter 250, SB 317)ê

 

     Sec. 6.  NRS 392.620 is hereby amended to read as follows:

     392.620  1.  Each development committee established by the board of trustees of a school district shall develop one plan to be used by all the public schools other than the charter schools in the school district in responding to a crisis [.] or an emergency. Each development committee established by the governing body of a charter school shall develop a plan to be used by the charter school in responding to a crisis [.] or an emergency. Each development committee shall, when developing the plan, consult with [the] :

     (a) The local social service agencies and local law enforcement agencies in the county in which its school district or charter school is located.

     (b) The director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

     2.  The plan developed pursuant to subsection 1 must include, without limitation, a procedure for:

     (a) Assisting persons within a school in the school district or the charter school to communicate with each other;

     (b) Assisting persons within a school in the school district or the charter school to communicate with persons located outside the school, including, without limitation, relatives of pupils and relatives of employees of the school, the news media and persons from local, state or federal agencies that are responding to a crisis [;] or an emergency;

     (c) Immediately responding to a crisis or an emergency and for responding during the period after a crisis or an emergency has concluded, including, without limitation, a crisis or an emergency that results in immediate physical harm to a pupil or employee of a school in the school district or the charter school;

     (d) Assisting pupils of a school in the school district or the charter school, employees of the school and relatives of such pupils and employees to move safely within and away from the school, including, without limitation, a procedure for evacuating the school and a procedure for securing the school; and

     (e) Enforcing discipline within a school in the school district or the charter school and for obtaining and maintaining a safe and orderly environment during a crisis [.

     2.] or an emergency.

     3.  Each development committee shall provide a copy of the plan that it develops pursuant to this section to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.

     [3.] 4.  Except as otherwise provided in NRS 392.632 and 392.636, each public school, including, without limitation, each charter school, must comply with the plan developed for it pursuant to this section.

     Sec. 7.  NRS 392.624 is hereby amended to read as follows:

     392.624  1.  Each development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 392.620 . [, and] In reviewing and updating the plan, the development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

 


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ê2011 Statutes of Nevada, Page 1076 (Chapter 250, SB 317)ê

 

     2.  Each development committee shall provide an updated copy of the plan to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.

     [2.] 3.  The board of trustees of each school district and the governing body of each charter school shall:

     (a) Post a notice of the completion of each review and update that its development committee performs pursuant to subsection 1 at each school in its school district or at its charter school;

     (b) Post a copy of NRS 392.600 to 392.656, inclusive, and sections 2 and 3 of this act at each school in its school district or at its charter school;

     (c) Retain a copy of each plan developed pursuant to NRS 392.620, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 392.636;

     (d) Provide a copy of each plan developed pursuant to NRS 392.620 and each plan updated pursuant to subsection 1 to:

           (1) The State Board;

           (2) Each local law enforcement agency in the county in which the school district or charter school is located; [and]

           (3) The Division of Emergency Management of the Department of Public Safety; and

           (4) The local organization for emergency management, if any;

     (e) Upon request, provide a copy of each plan developed pursuant to NRS 392.620 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of a school who is included in the plan;

     (f) Upon request, provide a copy of each deviation approved pursuant to NRS 392.636 to:

           (1) The State Board;

           (2) A local law enforcement agency in the county in which the school district or charter school is located;

           (3) The Division of Emergency Management of the Department of Public Safety;

           (4) The local organization for emergency management, if any;

           (5) A local agency that is included in the plan; and

           [(5)] (6) An employee of a school who is included in the plan; and

     (g) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school district or of the charter school, including, without limitation, training concerning drills for evacuating and securing schools.

     [3.] 4.  The board of trustees of each school district and the governing body of each charter school may apply for and accept gifts, grants and contributions from any public or private source to carry out the provisions of NRS 392.600 to 392.656, inclusive [.] , and sections 2 and 3 of this act.

     Sec. 8.  NRS 392.632 is hereby amended to read as follows:

     392.632  1.  Each school committee shall, at least once each year, review the plan developed for the school pursuant to NRS 392.620 and determine whether the school should deviate from the plan.

     2.  Each school committee shall, when reviewing the plan, consult with [the] :

     (a) The local social service agencies and law enforcement agencies in the county, city or town in which its school is located.

 


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ê2011 Statutes of Nevada, Page 1077 (Chapter 250, SB 317)ê

 

     (b) The director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

     3.  If a school committee determines that the school should deviate from the plan, the school committee shall notify the development committee that developed the plan, describe the proposed deviation and explain the reason for the proposed deviation. The school may deviate from the plan only if the deviation is approved by the development committee pursuant to NRS 392.636.

     [2.] 4.  Each public school, including, without limitation, each charter school, shall post at the school a notice of the completion of each review that the school committee performs pursuant to this section.

     Sec. 9.  NRS 392.640 is hereby amended to read as follows:

     392.640  1.  The State Board shall, with assistance from other state agencies, including, without limitation, the Division of Emergency Management, the Investigation Division, and the Nevada Highway Patrol Division of the Department of Public Safety, develop a plan for the management of a crisis or an emergency that involves a public school, including, without limitation, a charter school, or a private school and that requires immediate action. The plan must include, without limitation, a procedure for coordinating the resources of local, state and federal agencies, officers and employees, as appropriate. In developing the plan, the State Board shall consider the plans [to respond to crises] developed pursuant to NRS 392.620 and 394.1687 and updated pursuant to NRS 392.624 and 394.1688.

     2.  The State Board may disseminate to any appropriate local, state or federal agency, officer or employee, as the State Board determines is necessary:

     (a) The plan developed by the State Board pursuant to subsection 1;

     (b) A plan developed pursuant to NRS 392.620 or updated pursuant to NRS 392.624;

     (c) A plan developed pursuant to NRS 394.1687 or updated pursuant to NRS 394.1688; and

     (d) A deviation approved pursuant to NRS 392.636 or 394.1692.

     Sec. 10.  NRS 392.644 is hereby amended to read as follows:

     392.644  1.  The State Board shall adopt regulations setting forth requirements for:

     (a) The plan required to be developed pursuant to NRS 392.620; and

     (b) Reviewing and approving a deviation pursuant to NRS 392.636.

     2.  The regulations adopted pursuant to this section must include, without limitation, requirements concerning training and practice in procedures for responding to a crisis [.] or an emergency.

     Sec. 11.  NRS 392.648 is hereby amended to read as follows:

     392.648  1.  If a crisis or an emergency that requires immediate action occurs at a public school, including, without limitation, a charter school, the principal of the school involved, or the principal’s designated representative, shall, in accordance with the plan [to respond to a crisis] developed for the school pursuant to NRS 392.620 and in accordance with any deviation approved pursuant to NRS 392.636, contact all appropriate local agencies to respond to the crisis [.] or the emergency.

     2.  If a local agency that is responsible for responding to a crisis or an emergency is contacted pursuant to subsection 1 and the local agency determines that the crisis or the emergency requires assistance from a state agency, the local agency may:

 


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ê2011 Statutes of Nevada, Page 1078 (Chapter 250, SB 317)ê

 

agency determines that the crisis or the emergency requires assistance from a state agency, the local agency may:

     (a) If a local organization for emergency management has been established in the city or county in which the local agency that was contacted is located, through such local organization for emergency management, notify the Division of Emergency Management of the Department of Public Safety of the crisis or the emergency and request assistance from the Division in responding to the crisis [;] or the emergency; or

     (b) If a local organization for emergency management has not been established in the city or county in which the local agency that was contacted is located, directly notify the Division of Emergency Management of the Department of Public Safety of the crisis or the emergency and request assistance from the Division in responding to the crisis [.] or the emergency.

     3.  If the Division of Emergency Management of the Department of Public Safety receives notification of a crisis or an emergency and a request for assistance pursuant to subsection 2 and the Governor or the Governor’s designated representative determines that the crisis or the emergency requires assistance from a state agency, the Division shall carry out its duties set forth in the plan developed pursuant to NRS 392.640 and its duties set forth in chapter 414 of NRS, including, without limitation, addressing the immediate crisis or emergency and coordinating the appropriate and available local, state and federal resources to provide support services and counseling to pupils, teachers, and parents or legal guardians of pupils, and providing support for law enforcement agencies, for as long as is reasonably necessary.

     Sec. 12.  Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 and 14 of this act.

     Sec. 13.  “Emergency” means an occurrence or threatened occurrence for which action is necessary to save lives, protect property or to protect the health and safety of persons, or to avert the threat of damage to property or injury to persons, on the property of a private school, at an activity sponsored by a private school or on a school bus while the bus is engaged in its official duties for a private school.

     Sec. 14.  “Local organization for emergency management” has the meaning ascribed to it in NRS 414.036.

     Sec. 15.  NRS 394.168 is hereby amended to read as follows:

     394.168  As used in NRS 394.168 to 394.1699, inclusive, and sections 13 and 14 of this act, unless the context otherwise requires, the words and terms defined in NRS 394.1681, 394.1682 and 394.1683 and sections 13 and 14 of this act have the meanings ascribed to them in those sections.

     Sec. 16.  NRS 394.1685 is hereby amended to read as follows:

     394.1685  1.  The governing body of each private school shall establish a development committee to develop a plan to be used by the private school in responding to a crisis [.] or an emergency.

     2.  The membership of a development committee consists of:

     (a) At least one member of the governing body;

     (b) At least one administrator of the school;

     (c) At least one teacher of the school;

     (d) At least one employee of the school who is not a teacher and who is not responsible for the administration of the school;

     (e) At least one parent or legal guardian of a pupil who is enrolled in the school; [and]

 


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ê2011 Statutes of Nevada, Page 1079 (Chapter 250, SB 317)ê

 

     (f) At least one representative of a local law enforcement agency in the county in which the school is located [.] ; and

     (g) At least one representative of a state or local organization for emergency management.

     3.  The membership of a development committee may also include any other person whom the governing body deems appropriate, including, without limitation:

     (a) A counselor of the school;

     (b) A psychologist of the school;

     (c) A licensed social worker of the school;

     (d) A pupil in grade 10 or higher of the school if the school includes grade 10 or higher; and

     (e) An attorney or judge who resides or works in the county in which the school is located.

     4.  The governing body of each private school shall determine the term of each member of the development committee that it established. Each development committee may adopt rules for its own management and government.

     Sec. 17.  NRS 394.1687 is hereby amended to read as follows:

     394.1687  1.  Each development committee shall develop a plan to be used by its school in responding to a crisis [.] or an emergency. Each development committee shall, when developing the plan, consult with [the] :

     (a) The local social service agencies and local law enforcement agencies in the county in which its school is located.

     (b) The director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safely or his or her designee.

     2.  The plan developed pursuant to subsection 1 must include, without limitation, a procedure for:

     (a) Assisting persons within the school to communicate with each other;

     (b) Assisting persons within the school to communicate with persons located outside the school, including, without limitation, relatives of pupils and relatives of employees of the school, the news media and persons from local, state or federal agencies that are responding to a crisis [;] or an emergency;

     (c) Immediately responding to a crisis or an emergency and for responding during the period after a crisis or an emergency has concluded, including, without limitation, a crisis or an emergency that results in immediate physical harm to a pupil or employee of the school;

     (d) Assisting pupils of the school, employees of the school and relatives of such pupils and employees to move safely within and away from the school, including, without limitation, a procedure for evacuating the school and a procedure for securing the school; and

     (e) Enforcing discipline within the school and for obtaining and maintaining a safe and orderly environment during a crisis [.

     2.] or an emergency.

     3.  Each development committee shall provide a copy of the plan that it develops pursuant to this section to the governing body of the school that established the committee.

     [3.] 4.  Except as otherwise provided in NRS 394.1691 and 394.1692, each private school must comply with the plan developed for it pursuant to this section.

 


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ê2011 Statutes of Nevada, Page 1080 (Chapter 250, SB 317)ê

 

     Sec. 18.  NRS 394.1688 is hereby amended to read as follows:

     394.1688  1.  Each development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 394.1687 . [, and] In reviewing and updating the plan, the development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

     2.  Each development committee shall provide an updated copy of the plan to the governing body of the school.

     [2.] 3.  The governing body of each private school shall:

     (a) Post a notice of the completion of each review and update that its development committee performs pursuant to subsection 1 at the school;

     (b) Post a copy of NRS 392.640 and 394.168 to 394.1699, inclusive, and sections 13 and 14 of this act at the school;

     (c) Retain a copy of each plan developed pursuant to NRS 394.1687, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 394.1692;

     (d) Provide a copy of each plan developed pursuant to NRS 394.1687 and each plan updated pursuant to subsection 1 to:

           (1) The Board;

           (2) Each local law enforcement agency in the county in which the school is located; [and]

           (3) The Division of Emergency Management of the Department of Public Safety; and

           (4) The local organization for emergency management, if any;

     (e) Upon request, provide a copy of each plan developed pursuant to NRS 394.1687 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of the school who is included in the plan;

     (f) Upon request, provide a copy of each deviation approved pursuant to NRS 394.1692 to:

           (1) The Board;

           (2) A local law enforcement agency in the county in which the school is located;

           (3) The Division of Emergency Management of the Department of Public Safety;

           (4) The local organization for emergency management, if any;

           (5) A local agency that is included in the plan; and

           [(5)] (6) An employee of the school who is included in the plan; and

     (g) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school, including, without limitation, training concerning drills for evacuating and securing the school.

     Sec. 19.  NRS 394.1691 is hereby amended to read as follows:

     394.1691  1.  Each school committee shall, at least once each year, review the plan developed for its school pursuant to NRS 394.1687 and determine whether the school should deviate from the plan.

     2.  Each school committee shall, when reviewing the plan, consult with [the] :

     (a) The local social service agencies and law enforcement agencies in the county, city or town in which its school is located.

 


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ê2011 Statutes of Nevada, Page 1081 (Chapter 250, SB 317)ê

 

     (b) The director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

     3.  If a school committee determines that its school should deviate from the plan, the school committee shall notify the development committee that developed the plan, describe the proposed deviation and explain the reason for the proposed deviation. The school may deviate from the plan only if the deviation is approved by the development committee pursuant to NRS 394.1692.

     [2.] 4.  Each private school shall post at the school a notice of the completion of each review that its school committee performs pursuant to this section.

     Sec. 20.  NRS 394.1694 is hereby amended to read as follows:

     394.1694  1.  The Board shall adopt regulations setting forth requirements for:

     (a) The plan required to be developed pursuant to NRS 394.1687; and

     (b) Reviewing and approving a deviation pursuant to NRS 394.1692.

     2.  The regulations adopted pursuant to this section must include, without limitation, requirements concerning training and practice in procedures for responding to a crisis [.] or an emergency.

     Sec. 21.  NRS 394.1696 is hereby amended to read as follows:

     394.1696  1.  If a crisis or an emergency that requires immediate action occurs at a private school, the principal or other person in charge of the private school involved, or his or her designated representative, shall, in accordance with the plan [to respond to a crisis] developed for the school pursuant to NRS 394.1687 and in accordance with any deviation approved pursuant to NRS 394.1692, contact all appropriate local agencies to respond to the crisis [.] or the emergency.

     2.  If a local agency that is responsible for responding to a crisis or an emergency is contacted pursuant to subsection 1 and the local agency determines that the crisis or the emergency requires assistance from a state agency, the local agency may:

     (a) If a local organization for emergency management has been established in the city or county in which the local agency that was contacted is located, through such local organization for emergency management, notify the Division of Emergency Management of the Department of Public Safety of the crisis or the emergency and request assistance from the Division in responding to the crisis [;] or the emergency; or

     (b) If a local organization for emergency management has not been established in the city or county in which the local agency that was contacted is located, directly notify the Division of Emergency Management of the Department of Public Safety of the crisis or the emergency and request assistance from the Division in responding to the crisis [.] or the emergency.

     3.  If the Division of Emergency Management of the Department of Public Safety receives notification of a crisis or an emergency and a request for assistance pursuant to subsection 2 and the Governor or the Governor’s designated representative determines that the crisis or the emergency requires assistance from a state agency, the Division shall carry out its duties set forth in the plan developed pursuant to NRS 392.640 and its duties set forth in chapter 414 of NRS, including, without limitation, addressing the immediate crisis or emergency and coordinating the appropriate and available local, state and federal resources to provide support services and counseling to pupils, teachers, and parents or legal guardians of pupils, and providing support for law enforcement agencies, for as long as is reasonably necessary.

 


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ê2011 Statutes of Nevada, Page 1082 (Chapter 250, SB 317)ê

 

counseling to pupils, teachers, and parents or legal guardians of pupils, and providing support for law enforcement agencies, for as long as is reasonably necessary.

     Sec. 22.  NRS 414.135 is hereby amended to read as follows:

     414.135  1.  There is hereby created the Emergency Assistance Subaccount within the Disaster Relief Account created pursuant to NRS 353.2735. Beginning with the fiscal year that begins on July 1, 1999, the State Controller shall, at the end of each fiscal year, transfer the interest earned during the previous fiscal year on the money in the Disaster Relief Account to the Subaccount in an amount not to exceed $500,000.

     2.  The Division of Emergency Management of the Department of Public Safety shall administer the Subaccount. The Division may adopt regulations authorized by this section before, on or after July 1, 1999.

     3.  Except as otherwise provided in paragraph (c), all expenditures from the Subaccount must be approved in advance by the Division. Except as otherwise provided in subsection 4, all money in the Subaccount must be expended:

     (a) To provide supplemental emergency assistance to this state or to local governments in this state that are severely and adversely affected by a natural, technological or human-caused emergency or disaster for which available resources of this state or the local government are inadequate to provide a satisfactory remedy;

     (b) To pay any actual expenses incurred by the Division for administration during a natural, technological or human-caused emergency or disaster; and

     (c) For any other purpose authorized by the Legislature.

     4.  Beginning with the fiscal year that begins on July 1, 1999, if any balance remains in the Subaccount at the end of a fiscal year and the balance has not otherwise been committed for expenditure, the Division may, with the approval of the Interim Finance Committee, allocate all or any portion of the remaining balance, not to exceed $250,000, to this state or to a local government to:

     (a) Purchase equipment or supplies required for emergency management;

     (b) Provide training to personnel related to emergency management; and

     (c) Carry out the provisions of NRS 392.600 to 392.656, inclusive [.] , and sections 2 and 3 of this act.

     5.  Beginning with the fiscal year that begins on July 1, 1999, the Division shall, at the end of each quarter of a fiscal year, submit to the Interim Finance Committee a report of the expenditures made from the Subaccount for the previous quarter.

     6.  The Division shall adopt such regulations as are necessary to administer the Subaccount.

     7.  The Division may adopt regulations to provide for reimbursement of expenditures made from the Subaccount. If the Division requires such reimbursement, the Attorney General shall take such action as is necessary to recover the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130, computed from the date on which the money was removed from the Account, upon request by the Division.

     Sec. 23.  This act becomes effective on July 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 1083ê

 

CHAPTER 251, SB 201

Senate Bill No. 201–Senators Parks, Leslie; Breeden, Copening, Denis, Horsford, Kihuen and Manendo

 

Joint Sponsors: Assemblymen Munford, Anderson; Atkinson, Bobzien, Carlton, Carrillo and Hogan

 

CHAPTER 251

 

[Approved: June 3, 2011]

 

AN ACT relating to correctional institutions; authorizing the Attorney General to establish a program to mediate complaints by offenders; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill authorizes the Attorney General to establish a program to mediate complaints from offenders.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Sections 1-11.  (Deleted by amendment.)

     Sec. 12.  Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Attorney General may establish a program for mediating complaints from an offender concerning:

     (a) An administrative act which is alleged to be contrary to law or a policy of the Department; or

     (b) Significant issues relating to the health or safety of offenders and other matters for which there is no effective administrative remedy.

     2.  If the Attorney General establishes a program for mediating complaints pursuant to subsection 1, the Attorney General shall:

     (a) By regulation, establish procedures for mediating complaints by offenders; and

     (b) Prepare and submit to the Board an annual report on:

           (1) The complaints mediated through the program;

          (2) The total dollar amount of claims asserted in complaints mediated through the program;

           (3) The number of complaints that were resolved through the program;

           (4) The cost in dollars paid to offenders to resolve complaints through the program; and

           (5) The savings in dollars between the dollar amount of claims asserted in complaints and the cost in dollars paid to offenders to resolve those complaints.

 


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ê2011 Statutes of Nevada, Page 1084 (Chapter 251, SB 201)ê

 

     3.  As used in this section, “administrative act” includes an action, omission, decision, recommendation, practice or other procedure of the Department.

     Secs. 13-21.  (Deleted by amendment.)

________

CHAPTER 252, SB 190

Senate Bill No. 190–Senator Denis

 

CHAPTER 252

 

[Approved: June 3, 2011]

 

AN ACT relating to music therapy; providing for the licensure of music therapists by the State Board of Health; authorizing the Board to establish a voluntary Music Therapy Advisory Group; prohibiting a person from engaging in the practice of music therapy without a license; prescribing the requirements for the issuance and renewal of a license as a music therapist; establishing the grounds for disciplinary action against a music therapist; providing the disciplinary actions the Board may take against a music therapist; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides for the licensure and regulation of certain professions, occupations and businesses. (Title 54 of NRS) This bill provides for the licensure and regulation of music therapists. Section 12 of this bill makes it unlawful to practice music therapy or hold oneself out as a music therapist without a license. Section 17 of this bill sets forth the authorized music therapy services that may be provided by a music therapist. Sections 13 and 14 of this bill make the State Board of Health the licensing entity for music therapists and establishes the requirements and fee for licensure to practice as a music therapist. Sections 15 and 16 of this bill provide for the renewal of a license to practice music therapy every 3 years as well as the requirements and fee for renewal. Section 34 of this bill provides that the State Board of Health may not increase the fee for issuing or renewing a license sooner than January 1, 2014.

       Section 10 of this bill allows the State Board of Health to adopt any regulations it deems necessary to carry out the provisions of the bill. In addition, section 10 requires the Board to enforce the provisions of the bill to the extent that money is available for that purpose. The Board is also required to maintain a list of applicants, licensees and persons whose licenses have been revoked or suspended and make those lists available upon request and payment of any fee. Section 11 of this bill authorizes the State Board of Health to establish a Music Therapy Advisory Group that serves without compensation to assist the Board in carrying out its duties.

       Sections 18-23 of this bill establish the grounds for disciplinary action against a music therapist and the procedures for addressing complaints and taking such disciplinary action. Section 24 of this bill prohibits a person from requiring a music therapist to delegate certain services to another person in certain circumstances.

 


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ê2011 Statutes of Nevada, Page 1085 (Chapter 252, SB 190)ê

 

       Section 25 of this bill adds music therapists to the definition of “provider of health care” as used in the chapter which addresses healing arts. That definition is also referred to and used in various sections of the NRS for various purposes. (See e.g. NRS 48.039, 162A.760, 391.208) Section 26 of this bill adds music therapists to the list of persons required to report unprofessional conduct by a nurse or other person licensed or certified by the State Board of Nursing. Sections 27-29 of this bill add music therapists to the list of persons required to report any known or suspected abuse, neglect, exploitation or isolation of an older or vulnerable person. Section 30 of this bill adds music therapists to the list of persons required to report any known or suspected abuse or neglect of a child. Section 31 of this bill makes the regulations of the State Board of Health relating to licensing music therapists subject to review of the Legislative Committee on Health Care. After any such review, the Committee would notify the Board of the advisability of adopting or revising the proposed regulation. (NRS 439B.225)

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 24, inclusive, of this act.

     Sec. 2.  The practice of music therapy is hereby declared to be a learned allied health profession, affecting public health, safety and welfare and subject to regulation to protect the public from the practice of music therapy by unqualified and unlicensed persons and from unprofessional conduct by persons who are licensed to practice music therapy.

     Sec. 3.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

     Sec. 4.  “Board” means the State Board of Health.

     Sec. 5.  “Client” means a person who receives music therapy services.

     Sec. 6.  “Licensee” means a music therapist who is licensed to practice music therapy pursuant to this chapter.

     Sec. 7.  “Music therapy” means the clinical use of music interventions by a licensee to accomplish individualized goals within a therapeutic relationship by a credentialed professional who has completed a music therapy program approved by the Board. The term does not include:

     1.  The practice of psychology or medicine;

     2.  The psychological assessment or treatment of couples or families;

     3.  The prescribing of drugs or electroconvulsive therapy;

     4.  The medical treatment of physical disease, injury or deformity;

     5.  The diagnosis or psychological treatment of a psychotic disorder;

     6.  The use of projective techniques in the assessment of personality;

     7.  The use of psychological, neuropsychological, psychometric assessment or clinical tests designed to identify or classify abnormal or pathological human behavior or to determine intelligence, personality, aptitude, interests or addictions;

 


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ê2011 Statutes of Nevada, Page 1086 (Chapter 252, SB 190)ê

 

     8.  The use of individually administered intelligence tests, academic achievement tests or neuropsychological tests;

     9.  The use of psychotherapy to treat the concomitants of organic illness;

     10.  The diagnosis of any physical or mental disorder; or

     11.  The evaluation of the effects of medical and psychotropic drugs.

     Sec. 8.  “Music therapy services” means the services a licensee is authorized to provide pursuant to section 17 of this act in order to achieve the goals of music therapy.

     Sec. 9.  The provisions of this chapter do not apply to:

     1.  A person who is employed by this State or the Federal Government and who provides music therapy services within the scope of that employment.

     2.  A person performing services or participating in activities as part of a supervised course of study in an accredited or approved educational or internship program while pursuing study leading to a degree or certificate in music therapy, if the person is designated by a title which clearly indicates his or her status as a student or intern.

     3.  A person who holds a professional license in this State or an employee who is supervised by a person who holds a professional license in this State and whose provision of music therapy services is incidental to the practice of his or her profession if the person does not hold himself or herself out to the public as a music therapist.

     Sec. 10.  1.  The Board may adopt such regulations as it deems necessary to carry out the provisions of this chapter. The regulations may include, without limitation, additional:

     (a) Standards of training for music therapists;

     (b) Requirements for continuing education for music therapists; and

     (c) Standards of practice for music therapists.

     2.  The Board shall:

     (a) Enforce the provisions of this chapter and any regulations adopted pursuant thereto, to the extent that money is available for that purpose; and

     (b) Maintain a list of:

           (1) Applicants for a license;

           (2) Licensees; and

           (3) Persons whose licenses have been revoked or suspended by the Board.

     3.  The Board shall, upon request and payment of any fee, provide a copy of a list maintained pursuant to paragraph (b) of subsection 2. A fee charged for providing the copy must not exceed the actual cost incurred by the Board to make the copy.

     4.  The Board may accept gifts, grants, donations and contributions from any source to assist in carrying out the provisions of this chapter.

     Sec. 11.  1.  The Board may establish a Music Therapy Advisory Group consisting of persons familiar with the practice of music therapy to provide the Board with expertise and assistance in carrying out its duties pursuant to this chapter. If a Music Therapy Advisory Group is established, the Board must:

     (a) Determine the number of members;

     (b) Appoint the members;

     (c) Establish the terms of the members; and

 


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ê2011 Statutes of Nevada, Page 1087 (Chapter 252, SB 190)ê

 

     (d) Determine the duties of the Music Therapy Advisory Group.

     2.  Members of a Music Therapy Advisory Group established pursuant to subsection 1 serve without compensation.

     Sec. 12.  1.  A person who is not licensed to practice music therapy pursuant to this chapter, or a person whose license to practice music therapy has expired or has been suspended or revoked by the Board, shall not:

     (a) Provide music therapy services;

     (b) Use in connection with his or her name the words or letters “MT,” “music therapist,” “licensed, board-certified music therapist,” “MT-BC,” “Music Therapist - Board Certified,” “MT - BC/L” or “Licensed Music Therapist - Board Certified” or any other letters, words or insignia indicating or implying that he or she is licensed to practice music therapy, or in any other way, orally, or in writing or print, or by sign, directly or by implication, use the words “music therapy” or represent himself or herself as licensed or qualified to engage in the practice of music therapy; or

     (c) List or cause to have listed in any directory, including, without limitation, a telephone directory, his or her name or the name of his or her company under the heading “Music Therapy” or “Music Therapist” or any other term that indicates or implies that he or she is licensed or qualified to practice music therapy.

     2.  A person who violates the provisions of this section is guilty of a misdemeanor.

     Sec. 13.  1.  The Board shall issue a license to practice music therapy to an applicant who:

     (a) Is at least 18 years of age;

     (b) Is of good moral character; and

     (c) Submits to the Board:

           (1) A completed application on a form provided by the Board;

           (2) Proof that the applicant has successfully completed an academic program approved by the American Music Therapy Association or its successor organization with a bachelor’s degree or higher degree in music therapy;

           (3) A fee in the amount of $200 or such other amount as prescribed by regulation by the Board;

           (4) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

           (5) Proof that the applicant has passed the examination for board certification offered by the Certification Board for Music Therapists or its successor organization or is certified as a music therapist by that Board or its successor organization.

     2.  Any increase in the fees imposed pursuant to this section must not exceed the amount necessary for the Board to carry out the provisions of this chapter.

     Sec. 14.  1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license as a music therapist shall:

     (a) Include the social security number of the applicant in the application submitted to the Board.

 


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ê2011 Statutes of Nevada, Page 1088 (Chapter 252, SB 190)ê

 

     (b) Submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

     (b) A separate form prescribed by the Board.

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

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

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

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

     Sec. 15.  1.  Each license to practice music therapy expires 3 years after the date on which it is issued and may be renewed if, before the license expires, the licensee submits to the Board:

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

     (b) Proof that the applicant has continuously maintained for the previous 3 years his or her certification with and is currently certified as a music therapist by the Certification Board for Music Therapists or its successor organization;

     (c) Proof that the applicant has completed not less than 100 units of continuing education approved by the Certification Board for Music Therapists or its successor organization; and

     (d) A fee in the amount of $200 or such other amount as prescribed by regulation by the Board.

     2.  Any increase in the fees imposed pursuant to this section must not exceed the amount necessary for the Board to carry out the provisions of this chapter.

     Sec. 16.  1.  A license that is not renewed on or before the date on which it expires is delinquent. The Board shall, within 30 days after the license becomes delinquent, send a notice to the licensee by certified mail, return receipt requested, to the address of the licensee as indicated in the records of the Board.

     2.  A licensee may renew a delinquent license within 60 days after the license becomes delinquent by complying with the requirements of section 15 of this act.

 


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ê2011 Statutes of Nevada, Page 1089 (Chapter 252, SB 190)ê

 

     3.  A license expires 60 days after it becomes delinquent if it is not renewed within that period.

     Sec. 17.  1.  A licensee may:

     (a) Accept referrals for music therapy services from physicians, psychologists or other medical, developmental or mental health professionals, education professionals, family members, clients or caregivers. Before providing music therapy services to a client for a medical or mental health condition, the licensee shall collaborate with the client’s physician, psychologist, primary care provider or mental health professional to review the client’s diagnosis, treatment needs and treatment plan.

     (b) Conduct a music therapy assessment of a client to collect systematic, comprehensive and accurate information necessary to determine the appropriate type of music therapy services to provide for the client, including, without limitation, information relating to a client’s emotional and physical health, social functioning, communication abilities and cognitive skills based upon the client’s history and through observation and interaction of the client in music and nonmusic settings.

     (c) Develop an individualized treatment plan for the client that identifies the goals, objectives and potential strategies of the music therapy services appropriate for the client using music interventions, which may include, without limitation, music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, music performance, learning through music and movement to music.

     (d) If applicable, carry out an individualized treatment plan that is consistent with any other medical, developmental, mental health or education services being provided to the client.

     (e) Evaluate and compare the client’s response to music therapy and the individualized treatment plan and suggest modifications, as appropriate.

     (f) Develop a plan for determining when the provision of music therapy services is no longer needed in collaboration with the client, any physician or other provider of health care or education of the client, any appropriate member of the family of the client and any other appropriate person upon whom the client relies for support.

     (g) Minimize any barriers so that the client may receive music therapy services in the least restrictive environment.

     (h) Collaborate with and educate the client and the family or caregiver of the client or any other appropriate person about the needs of the client that are being addressed in music therapy and the manner in which the music therapy addresses those needs.

     2.  Except as otherwise provided by this chapter or a regulation adopted by the Board pursuant to this chapter, a licensee shall comply with the scope of practice of the Certification Board for Music Therapists or its successor organization.

     Sec. 18.  The Board may refuse to grant or may suspend or revoke a license to practice music therapy for any of the following reasons:

     1.  Submitting false, fraudulent or misleading information to the Board or any agency of this State, any other state, a territory or possession of the United States, the District of Columbia or the Federal Government.

 


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ê2011 Statutes of Nevada, Page 1090 (Chapter 252, SB 190)ê

 

     2.  Violating any provision of this chapter or any regulation adopted pursuant thereto.

     3.  Conviction of a felony relating to the practice of music therapy or of any offense involving moral turpitude, the record of conviction being conclusive evidence thereof.

     4.  Habitual drunkenness or addiction to the use of a controlled substance.

     5.  Impersonating a licensed music therapist or allowing another person to use his or her license.

     6.  Using fraud or deception in applying for a license to practice music therapy.

     7.  Failing to comply with the “Code of Professional Practice” of the Certification Board for Music Therapists or its successor organization or committing any other unethical practices contrary to the interest of the public as determined by the Board.

     8.  Negligence, fraud or deception in connection with the music therapy services a licensee is authorized to provide pursuant to this chapter.

     Sec. 19.  1.  If any member of the Board or a Music Therapy Advisory Group becomes aware of any ground for initiating disciplinary action against a licensee, the member must file a written complaint with the Board.

     2.  As soon as practicable after receiving a complaint, the Board shall:

     (a) Forward the complaint to the Certification Board for Music Therapists or its successor organization for investigation of the complaint and request a written report of the findings of such investigation; or

     (b) To the extent money is available to do so, conduct an investigation of the complaint to determine whether the allegations in the complaint merit the initiation of disciplinary proceedings against the licensee.

     3.  The Board shall retain a copy of each complaint filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaint that is not acted upon.

     Sec. 20.  1.  If, after an investigation conducted by the Board or receiving the findings from an investigation of a complaint from the Certification Board for Music Therapists or its successor organization, and after notice and a hearing as required by law, the Board finds one or more grounds for taking disciplinary action, the Board may:

     (a) Place the licensee on probation for a specified period or until further order of the Board;

     (b) Administer to the applicant or licensee a public reprimand;

     (c) Refuse to renew the license of the licensee;

     (d) Suspend or revoke the license of the licensee;

     (e) Impose an administrative fine of not more than $500 for each violation; or

     (f) Take any combination of actions set forth in paragraphs (a) to (e), inclusive.

     2.  The order of the Board may include such other terms, provisions or conditions as the Board deems appropriate.

     3.  The order of the Board and the findings of fact and conclusions of law supporting that order are public records.

     4.  The Board shall not issue a private reprimand.

 


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ê2011 Statutes of Nevada, Page 1091 (Chapter 252, SB 190)ê

 

     Sec. 21.  1.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information returned from the Certification Board for Music Therapists or its successor organization as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

     2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

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

     4.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

     Sec. 22.  1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a music therapist, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

     2.  The Board shall reinstate a license as a music therapist that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

     Sec. 23.  1.  If the Board determines that a person has violated or is about to violate any provision of this chapter or a regulation adopted pursuant thereto, the Board may bring an action in a court of competent jurisdiction to enjoin the person from engaging in or continuing the violation.

     2.  An injunction:

     (a) May be issued without proof of actual damage sustained by any person.

     (b) Does not prohibit the criminal prosecution and punishment of the person who commits the violation.

     Sec. 24.  1.  A person shall not require a licensee to delegate the provision of music therapy services to another person if, in the opinion of the licensee, such delegation would be inappropriate or create a risk of harm to the client.

 


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ê2011 Statutes of Nevada, Page 1092 (Chapter 252, SB 190)ê

 

     2.  A person who violates the provisions of this section is guilty of a misdemeanor.

     Sec. 25.  NRS 629.031 is hereby amended to read as follows:

     629.031  Except as otherwise provided by a specific statute:

     1.  “Provider of health care” means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, physician assistant, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed marriage and family therapist, licensed clinical professional counselor, music therapist, chiropractor, athletic trainer, perfusionist, doctor of Oriental medicine in any form, medical laboratory director or technician, pharmacist or a licensed hospital as the employer of any such person.

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

     Sec. 26.  NRS 632.472 is hereby amended to read as follows:

     632.472  1.  The following persons shall report in writing to the Executive Director of the Board any conduct of a licensee or holder of a certificate which constitutes a violation of the provisions of this chapter:

     (a) Any physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, nursing assistant, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, alcohol or drug abuse counselor, music therapist, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State.

     (b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.

     (c) A coroner.

     (d) Any person who maintains or is employed by an agency to provide personal care services in the home.

     (e) Any person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 427A.0291.

     (f) Any person who maintains or is employed by an agency to provide nursing in the home.

     (g) Any employee of the Department of Health and Human Services.

     (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

     (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

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

     (k) Any social worker.

     2.  Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility.

 


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ê2011 Statutes of Nevada, Page 1093 (Chapter 252, SB 190)ê

 

revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility. The superintendent, manager or other person in charge shall make a report as required in subsection 1.

     3.  A report may be filed by any other person.

     4.  Any person who in good faith reports any violation of the provisions of this chapter to the Executive Director of the Board pursuant to this section is immune from civil liability for reporting the violation.

     5.  As used in this section, “agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.

     Sec. 27.  NRS 200.5093 is hereby amended to read as follows:

     200.5093  1.  Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:

     (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:

           (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

           (2) A police department or sheriff’s office;

           (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

           (4) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and

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

     2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the older person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

     3.  Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.

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

     (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.

     (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.

 


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ê2011 Statutes of Nevada, Page 1094 (Chapter 252, SB 190)ê

 

manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.

     (c) A coroner.

     (d) Every person who maintains or is employed by an agency to provide personal care services in the home.

     (e) Every person who maintains or is employed by an agency to provide nursing in the home.

     (f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 427A.0291.

     (g) Any employee of the Department of Health and Human Services.

     (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

     (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

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

     (k) Every social worker.

     (l) Any person who owns or is employed by a funeral home or mortuary.

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

     6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

     7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:

     (a) Aging and Disability Services Division;

     (b) Repository for Information Concerning Crimes Against Older Persons created by NRS 179A.450; and

     (c) Unit for the Investigation and Prosecution of Crimes.

     8.  If the investigation of a report results in the belief that an older person is abused, neglected, exploited or isolated, the Aging and Disability Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person if the older person is able and willing to accept them.

     9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

 


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ê2011 Statutes of Nevada, Page 1095 (Chapter 252, SB 190)ê

 

     10.  As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons in the Office of the Attorney General created pursuant to NRS 228.265.

     Sec. 28.  NRS 200.50935 is hereby amended to read as follows:

     200.50935  1.  Any person who is described in subsection 3 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that a vulnerable person has been abused, neglected, exploited or isolated shall:

     (a) Report the abuse, neglect, exploitation or isolation of the vulnerable person to a law enforcement agency; and

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

     2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the vulnerable person involves an act or omission of a law enforcement agency, the person shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.

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

     (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats a vulnerable person who appears to have been abused, neglected, exploited or isolated.

     (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of a vulnerable person by a member of the staff of the hospital.

     (c) A coroner.

     (d) Every person who maintains or is employed by an agency to provide nursing in the home.

     (e) Any employee of the Department of Health and Human Services.

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

     (g) Any person who maintains or is employed by a facility or establishment that provides care for vulnerable persons.

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

     (i) Every social worker.

     (j) Any person who owns or is employed by a funeral home or mortuary.

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

 


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ê2011 Statutes of Nevada, Page 1096 (Chapter 252, SB 190)ê

 

     5.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a vulnerable person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the vulnerable person and submit to the appropriate local law enforcement agencies and the appropriate prosecuting attorney his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

     6.  A law enforcement agency which receives a report pursuant to this section shall immediately initiate an investigation of the report.

     7.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

     Sec. 29.  NRS 200.5095 is hereby amended to read as follows:

     200.5095  1.  Reports made pursuant to NRS 200.5093, 200.50935 and 200.5094, and records and investigations relating to those reports, are confidential.

     2.  A person, law enforcement agency or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigation of the abuse, neglect, exploitation or isolation of older persons or vulnerable persons, except:

     (a) Pursuant to a criminal prosecution;

     (b) Pursuant to NRS 200.50982; or

     (c) To persons or agencies enumerated in subsection 3,

Ê is guilty of a misdemeanor.

     3.  Except as otherwise provided in subsection 2 and NRS 200.50982, data or information concerning the reports and investigations of the abuse, neglect, exploitation or isolation of an older person or a vulnerable person is available only to:

     (a) A physician who is providing care to an older person or a vulnerable person who may have been abused, neglected, exploited or isolated;

     (b) An agency responsible for or authorized to undertake the care, treatment and supervision of the older person or vulnerable person;

     (c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect, exploitation or isolation of the older person or vulnerable person;

     (d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;

     (e) A person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;

     (f) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;

     (g) Any comparable authorized person or agency in another jurisdiction;

     (h) A legal guardian of the older person or vulnerable person, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation or isolation of the older person or vulnerable person to the public agency is protected, and the legal guardian of the older person or vulnerable person is not the person suspected of such abuse, neglect, exploitation or isolation;

     (i) If the older person or vulnerable person is deceased, the executor or administrator of his or her estate, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation or isolation of the older person or vulnerable person to the public agency is protected, and the executor or administrator is not the person suspected of such abuse, neglect, exploitation or isolation; or

 


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ê2011 Statutes of Nevada, Page 1097 (Chapter 252, SB 190)ê

 

of the older person or vulnerable person to the public agency is protected, and the executor or administrator is not the person suspected of such abuse, neglect, exploitation or isolation; or

     (j) The older person or vulnerable person named in the report as allegedly being abused, neglected, exploited or isolated, if that person is not legally incompetent.

     4.  If the person who is reported to have abused, neglected, exploited or isolated an older person or a vulnerable person is the holder of a license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive, or 654 of NRS, or sections 2 to 24, inclusive, of this act, the information contained in the report must be submitted to the board that issued the license.

     Sec. 30.  NRS 432B.220 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

     (a) A physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, clinical social worker, music therapist, athletic trainer, advanced emergency medical technician or other person providing medical services licensed or certified in this State.

 


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ê2011 Statutes of Nevada, Page 1098 (Chapter 252, SB 190)ê

 

NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, clinical social worker, music therapist, athletic trainer, advanced emergency medical technician or other person providing medical services licensed or certified in this State.

     (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital.

     (c) A coroner.

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

     (e) A social worker and an administrator, teacher, librarian or counselor of a school.

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

     (g) Any person licensed to conduct a foster home.

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

     (i) An attorney, unless the attorney has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect.

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

     (k) Any person who is employed by or serves as a volunteer for an approved youth shelter. As used in this paragraph, “approved youth shelter” has the meaning ascribed to it in NRS 244.422.

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

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

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

 


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ê2011 Statutes of Nevada, Page 1099 (Chapter 252, SB 190)ê

 

     Sec. 31.  NRS 439B.225 is hereby amended to read as follows:

     439B.225  1.  As used in this section, “licensing board” means any division or board empowered to adopt standards for the issuance or renewal of licenses, permits or certificates of registration pursuant to NRS 435.3305 to 435.339, inclusive, chapter 449, 625A, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637A, 637B, 639, 640, 640A, 641, 641A, 641B, 641C, 652 or 654 of NRS [.] or sections 2 to 24, inclusive, of this act.

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

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

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

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

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

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

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

     Sec. 32.  NRS 608.0116 is hereby amended to read as follows:

     608.0116  “Professional” means pertaining to an employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623 to 645, inclusive, 645G and 656A of NRS [.] and sections 2 to 24, inclusive, of this act.

     Sec. 33.  Section 14 of this act is hereby amended to read as follows:

      Sec. 14.  1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license as a music therapist shall [:

      (a) Include the social security number of the applicant in the application submitted to the Board.

      (b) Submit] submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the Board.

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

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

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

 


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ê2011 Statutes of Nevada, Page 1100 (Chapter 252, SB 190)ê

 

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

     Sec. 34.  The State Board of Health shall not adopt any regulation to increase the fee for the issuance of a license to practice music therapy pursuant to section 13 of this act or the fee for the renewal of such a license pursuant to section 15 of this act before January 1, 2014.

     Sec. 35.  1.  This section, sections 1 to 32, inclusive, and section 34 of this act become effective:

     (a) Upon passage and approval for the purpose of issuing licenses to qualified applicants; and

     (b) On January 1, 2012, for all other purposes.

     2.  Section 33 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

     (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

     (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

     3.  Sections 22 and 33 of this act expire by limitation 2 years after the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

     (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

     (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

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