[Rev. 10/12/2015 2:18:31 PM]

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ê2015 Statutes of Nevada, Page 3851ê

 

CHAPTER 544, SB 503

Senate Bill No. 503–Committee on Finance

 

CHAPTER 544

 

[Approved: June 12, 2015]

 

AN ACT relating to education; providing for the creation and implementation of the Breakfast After the Bell Program; requiring public schools with a certain percentage of pupils from low-income families to participate in the Program; providing certain exceptions; prescribing certain powers and duties of the State Department of Agriculture with respect to implementing and enforcing the Program; establishing the disbursements that may be made to a participating school; prescribing the manner in which money received under the Program may be used by a participating school; requiring the Department to prepare an annual report with respect to the implementation and effectiveness of the Program and to submit the report annually to the Governor and the Legislature; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the oversight of certain school programs of nutrition by the Director of the State Department of Agriculture. (NRS 387.068-387.112) Sections 2-12 of this bill provide for the creation of the Breakfast After the Bell Program for the purpose of requiring certain public schools with large populations of pupils from low-income families to provide breakfast to their pupils after an instructional day of school has officially begun. Section 6 creates the Program and requires public schools with a certain percentage of pupils from low-income families enrolled in the school to participate in the Program. Section 6 also prescribes certain exceptions from participation based on insufficient funding for the Program or the elimination of or a certain reduction in the amount of federal meal reimbursements available to public schools for serving breakfast. Section 6 authorizes a participating school to choose a suitable model for serving breakfast under the Program. Section 7 prescribes certain duties of the State Department of Agriculture with respect to the implementation and operation of the Program. Section 8 prescribes the amount of a disbursement of money from the Department to a participating school based on the population of pupils and requires such disbursements to be made sequentially beginning with the school with the highest percentage of pupils from low-income families until the money for the Program is exhausted for a school year. Section 9 provides the manner in which certain public money allocated for the operation of the Program may be used. Section 10 requires the Department to monitor participating schools and ensure that the schools remain in compliance with the Program. Section 11 requires the Department to prepare an annual report with respect to the implementation and effectiveness of the Program in this State and requires the Department to submit the report to the Governor and the Legislature. Section 12 authorizes the Department to adopt regulations as necessary to implement and operate the Program.

 


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ê2015 Statutes of Nevada, Page 3852 (Chapter 544, SB 503)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 387 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2. “National School Lunch Act” means the Act created by 42 U.S.C. §§ 1751 et seq.

      Sec. 3. “Program” means the Breakfast After the Bell Program created by section 6 of this act.

      Sec. 4. “School Breakfast Program” means the school breakfast program created by 42 U.S.C. § 1773.

      Sec. 5. The Legislature hereby finds and declares that providing breakfast to pupils in elementary schools and secondary schools after the instructional day has officially begun:

      1.  Increases the number of pupils who have the opportunity to eat a healthy breakfast and who are otherwise qualified for free or reduced-price lunches under the National School Lunch Act.

      2.  Furthers the goals and objectives of the United States Department of Agriculture to increase the consumption of nutritious meals by pupils.

      3.  Improves academic performance.

      4.  Improves the overall health of the children of this State by reducing food insecurity.

      5.  Generates additional revenue for programs of nutrition for children through federal grants and programs.

      Sec. 6. 1.  There is hereby created the Breakfast After the Bell Program for public schools in which the majority of enrolled pupils are eligible for free or reduced-price lunches under the National School Lunch Act.

      2.  Except as otherwise provided in subsections 3 and 4:

      (a) If a public school in this State in which 70 percent or more of the enrolled pupils during the previous school year were eligible for free or reduced-price lunches under the National School Lunch Act, the public school shall participate in the Program and offer a breakfast to each pupil in the school after the instructional day has officially begun.

      (b) A public school that participates in universal meal service in high poverty areas pursuant to Section 104 of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296, must participate in the Program if the school is included on the list of public schools published by the State Department of Agriculture pursuant to section 7 of this act.

      3.  A public school is not required to continue to participate in the Program in any school year after the 2016-2017 school year if the school can demonstrate to the satisfaction of the State Department of Agriculture that:

      (a) The number of enrolled pupils in the school who were eligible for free or reduced-price lunches under the National School Lunch Act comprised less than 70 percent of the total number of enrolled pupils at the school for each of the two immediately preceding school years; or

      (b) A financial hardship exists.

 


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ê2015 Statutes of Nevada, Page 3853 (Chapter 544, SB 503)ê

 

      4.  A public school that would otherwise be required to participate in the Program pursuant to subsection 2 is not required to participate in the Program:

      (a) Until sufficient money, as determined by the State Department of Agriculture, is available to fund the public school’s participation in the Program.

      (b) In the event that the amount of the federal per meal reimbursement available to a public school for free or reduced-price breakfasts pursuant to the School Breakfast Program is eliminated or reduced to an amount that is less than that amount which was in effect on December 31, 2013.

      5.  Each public school participating in the Program, in cooperation with the board of trustees of the school district or governing body, as applicable, may determine the model for serving breakfast that is best suited for the school. Models for serving breakfast may include, without limitation:

      (a) Breakfast served in the classroom;

      (b) Grab-and-go breakfasts; and

      (c) Breakfast served in the cafeteria during or after the first period of school or during a morning recess.

      6.  Each breakfast served by a public school under the Program must comply with federal meal patterns and nutritional standards for school breakfast programs as required by the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296, and any regulations or rules interpreting that Act.

      7.  As used in this section, “grab-and-go breakfast” means a breakfast in which all of the components of the breakfast are packaged in a bag that is made available at sites throughout school, during the first period of school or during a break after the first period of school.

      Sec. 7. 1.  The State Department of Agriculture shall:

      (a) On or before July 10, 2015, and on or before December 31 of the year preceding each school year thereafter, publish a list of the public schools that meet the requirements for participation in the Program pursuant to section 6 of this act.

      (b) On or before July 15, 2015, implement the Program in accordance with the National School Lunch Act and the School Breakfast Program.

      (c) Offer technical assistance to public schools and school districts relating to:

             (1) The implementation of the Program.

             (2) The submission of claims for reimbursement under the School Breakfast Program.

      (d) Distribute the money to implement a breakfast-serving model under the Program.

      2.  The Director may apply for and accept any gift, donation, bequest, grant or other source of money for the purpose of funding the Program.

      Sec. 8.  1.  For each school year, disbursements from the State Department of Agriculture to public schools which are participating in the Program must:

      (a) Be paid in sequential order starting with the public school with the highest percentage of enrolled pupils eligible for free or reduced-price lunches under the National School Lunch Act.

 


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ê2015 Statutes of Nevada, Page 3854 (Chapter 544, SB 503)ê

 

      (b) Be paid until all money available for the Program for a school year is exhausted.

      2.  To the extent that money is available and for each school year, the State Department of Agriculture shall allocate to each public school that is participating in the Program an amount of money necessary to carry out the Program, as determined by the Department in accordance with subsection 1.

      3.  The State Department of Agriculture shall adopt regulations prescribing the manner in which a public school that is not otherwise required to participate in the Program may apply for and receive a waiver of the requirements of section 6 of this act for the purpose of participating in the Program, including, without limitation, any requirements to qualify for a waiver.

      Sec. 9. 1.  Except as otherwise provided in subsection 2, any federal or state money received by a public school or school district as reimbursement for breakfast served under the Program must be used only for the food served and operations directly incidental to the provision of breakfast.

      2.  A public school that receives money pursuant to section 8 of this act may use the money for the following purposes with respect to the implementation and operation of the Program:

      (a) Training school employees.

      (b) Any additional costs of labor.

      (c) Equipment related to the provision of breakfast.

      (d) To conduct surveys designed to market the Program to pupils and the families of pupils and to receive feedback on proposed breakfast menu items.

      Sec. 10. 1.  The State Department of Agriculture shall monitor public schools participating in the Program and ensure that participating schools comply with sections 2 to 12, inclusive, of this act and any regulations adopted pursuant thereto.

      2.  If the State Department of Agriculture determines at the end of a school year that a public school participating in the Program has not increased the provision of breakfast to enrolled pupils who are eligible for free or reduced-price lunches under the National School Lunch Act by at least 10 percent, the State Department of Agriculture shall provide written notice of its findings to the school.

      3.  A public school that receives notice pursuant to subsection 2 shall, not later than 30 days after receiving such notice, submit to the State Department of Agriculture a plan for increasing participation in the Program by enrolled pupils in the school who are eligible for free or reduced-price lunches under the National School Lunch Act.

      Sec. 11. The State Department of Agriculture shall, on or before December 31 of each year:

      1.  Prepare a report on the implementation and effectiveness of the Program in this State; and

      2.  Submit the report prepared pursuant to subsection 1 to:

 

 

 

 

 


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ê2015 Statutes of Nevada, Page 3855 (Chapter 544, SB 503)ê

 

      (a) The Governor; and

      (b) The Director of the Legislative Counsel Bureau for transmittal to:

             (1) If the report is prepared in an even-numbered year, the next regular session of the Legislature; or

             (2) If the report is prepared in an odd-numbered year, the Legislative Commission.

      Sec. 12. The State Department of Agriculture may adopt regulations to carry out the provisions of sections 2 to 12, inclusive, of this act.

      Sec. 13. NRS 387.068 is hereby amended to read as follows:

      387.068  As used in NRS 387.068 to 387.112, inclusive, and sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 387.069 and 387.070 and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 14. NRS 387.070 is hereby amended to read as follows:

      387.070  “Program of nutrition” means a program under which food is served to or nutritional education and assistance are provided for children and adults by any public school, private school or public or private institution on a nonprofit basis, including any such program for which assistance may be made available out of money appropriated by the Congress of the United States. The term includes, but is not limited to, a school lunch program [.] or the Program.

      Sec. 15. NRS 387.090 is hereby amended to read as follows:

      387.090  [The] Except as otherwise provided in sections 2 to 12, inclusive, of this act, the board of trustees of each school district and the governing body of each charter school may:

      1.  Operate or provide for the operation of programs of nutrition in the public schools under their jurisdiction.

      2.  Use therefor money disbursed to them pursuant to the provisions of NRS 387.068 to 387.112, inclusive, and sections 2 to 12, inclusive, of this act, gifts, donations and other money received from the sale of food under those programs.

      3.  Deposit the money in one or more accounts in one or more banks or credit unions within the State.

      4.  Contract with respect to food, services, supplies, equipment and facilities for the operation of the programs.

      Sec. 16.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 17. (Deleted by amendment.)

      Sec. 18.  This act becomes effective:

      1.  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

      2.  On July 1, 2015, for all other purposes.

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ê2015 Statutes of Nevada, Page 3856ê

 

CHAPTER 545, AB 241

Assembly Bill No. 241–Assemblymen Edwards, Armstrong, Kirner, Ellison, Elliot Anderson; Hambrick, Hickey, Moore, Oscarson, Stewart and Trowbridge

 

Joint Sponsor: Senator Goicoechea

 

CHAPTER 545

 

[Approved: June 12, 2015]

 

AN ACT relating to the military; creating the Women Veterans Advisory Committee; setting forth the composition of the Committee; requiring the Committee to perform duties and conduct activities of concern to, and of assistance to, women veterans of the Armed Forces of the United States; requiring the Committee to submit an annual report; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 5.3 of this bill creates the Women Veterans Advisory Committee and sets forth its membership. Section 5.5 of this bill sets forth the duties of the Committee, including issues related to: (1) locating, educating and advocating for women veterans; (2) informing women veterans about available programs and benefits; (3) determining the unique needs of women veterans; (4) making recommendations on an annual basis to the Governor, the Nevada Legislature and the Director of the Department of Veterans Services; and (5) working cooperatively with the Interagency Council on Veterans Affairs. In addition, section 5.5 requires the Committee to submit an annual report to the Governor. Section 5.7 of this bill requires the Department of Veterans Services to provide administrative assistance to the Committee.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 417 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5.7, inclusive, of this act.

      Secs. 2-5.  (Deleted by amendment.)

      Sec. 5.1. As used in sections 5.1 to 5.7, inclusive, of this act, unless the context otherwise requires, “Committee” means the Women Veterans Advisory Committee created by section 5.3 of this act.

      Sec. 5.2. The Legislature hereby finds and declares that:

      1.  Women make up 15 percent of the veterans of the Armed Forces of the United States and continue to be an increasingly integral part of the operations of the Armed Forces of the United States around the world.

      2.  Few studies have been conducted to determine and understand the unique challenges that women veterans may have, both postdeployment and following separation from active duty.

      3.  Many veterans who are women do not self-identify as veterans and may, therefore, fail to consider various programs and benefits that are available to them as a result of their military service.

      Sec. 5.3. 1.  The Women Veterans Advisory Committee is hereby created consisting of five members appointed by the Governor, at least three of whom must be women, and all of whom must be former members of the Armed Forces of the United States, including, without limitation, the Nevada Army National Guard and the Nevada Air National Guard, who received, upon severance from service, an honorable discharge.

 


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ê2015 Statutes of Nevada, Page 3857 (Chapter 545, AB 241)ê

 

three of whom must be women, and all of whom must be former members of the Armed Forces of the United States, including, without limitation, the Nevada Army National Guard and the Nevada Air National Guard, who received, upon severance from service, an honorable discharge. Each member serves at the pleasure of the Governor.

      2.  In making appointments pursuant to subsection 1, the Governor shall consider:

      (a) The recommendations of the Director;

      (b) Whether the appointments provide a geographical balance between the urban and rural areas of this State and represent the cultural diversity of this State; and

      (c) The level of activity of the person in the veteran community.

      3.  The Committee shall elect a Chair from among its members.

      4.  After the initial terms, each member of the Committee appointed pursuant to subsection 1 serves a term of 4 years.

      5.  A vacancy on the Committee must be filled for the remainder of the unexpired term in the same manner as the original appointment.

      6.  The Committee shall meet at least four times per year at the call of the Chair.

      7.  A majority of the members of the Committee appointed pursuant to subsection 1 constitutes a quorum for the transaction of business.

      8.  Each member of the Committee:

      (a) Serves without compensation, except that a member of the Committee who is a state officer or employee may receive his or her regular compensation while engaging in the business of the Committee; and

      (b) While engaged in the business of the Committee, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 5.5. The Committee shall:

      1.  Support and assist the Department in:

      (a) Locating, educating and advocating for all women veterans in this State;

      (b) Determining the unique needs of women veterans;

      (c) Conducting outreach and education through various means, including, without limitation, the Green Zone Network, the organization of statewide women veterans events, the promotion of benefits and superior health care for women veterans and the development of programs that inform pupils, business leaders and educators about the important role women play in the Armed Forces of the United States;

      (d) Educating women veterans as to benefits and programs that are available to them;

      (e) At least annually, making such recommendations as may be deemed necessary or advisable to the Governor, the Nevada Legislature, the office of the Director of the Department of Veterans Services and such other offices of this State as may be appropriate; and

      (f) Advocating on behalf of women veterans to ensure that the programs and policies of this State and of the United States Department of Veterans Affairs remain open to women and mindful of the elements of the experience of a veteran that are unique to women.

 


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ê2015 Statutes of Nevada, Page 3858 (Chapter 545, AB 241)ê

 

      2.  Work cooperatively with the Interagency Council on Veterans Affairs and make recommendations concerning the needs of, and resources available to, women veterans.

      3.  On or before February 15 of each year, submit a report concerning the activities of the Committee during the preceding calendar year and any recommendations of the Committee to the Governor. The report must include, without limitation, information pertaining to:

      (a) The demographics of women veterans.

      (b) The contributions that women veterans have made on behalf of the United States and this State.

      (c) The unique needs of the population of women veterans.

      (d) Steps taken to reduce misinformation and improve support for programs for women veterans.

      Sec. 5.7. The Department shall provide the personnel, facilities, equipment and supplies required by the Committee.

      Secs. 6 and 7. (Deleted by amendment.)

      Sec. 7.5.  Notwithstanding any other provision of this act, the Governor shall, on or before July 1, 2015, appoint:

      1.  Three of the members of the Women Veterans Advisory Committee, established by the Governor pursuant to Executive Order 2014-08, issued on March 13, 2014, to a term of office on the Women Veterans Advisory Committee created by section 5.3 of this act expiring on January 1, 2018.

      2.  Two of the members of the Women Veterans Advisory Committee, established by the Governor pursuant to Executive Order 2014-08, issued on March 13, 2014, to a term of office on the Women Veterans Advisory Committee created by section 5.3 of this act expiring on January 1, 2016.

      Sec. 8.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 9.  This act becomes effective upon passage and approval for the purposes of adopting any regulations or performing any preparatory administrative tasks that are necessary to carry out the provisions of this act, and on October 1, 2015, for all other purposes.

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ê2015 Statutes of Nevada, Page 3859ê

 

CHAPTER 546, AB 89

Assembly Bill No. 89–Committee on Commerce and Labor

 

CHAPTER 546

 

[Approved: June 12, 2015]

 

AN ACT relating to professions; requiring the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation to gather and report certain data to the Interagency Council on Veterans Affairs; authorizing a private employer to adopt an employment policy that gives preference in hiring to a veteran or the spouse of a veteran; authorizing the Nevada Equal Rights Commission to review such an employment policy under certain circumstances; revising provisions governing the dissemination of certain records of criminal history; authorizing certain persons to obtain a commercial driver’s license without taking a driving skills test; authorizing certain qualified professionals to apply for a license by endorsement to practice in this State; requiring a regulatory body to develop opportunities for reciprocity of licensure for certain qualified professionals; requiring a regulatory body in certain circumstances to prepare and submit to the Interagency Council on Veterans Affairs an annual report relating to veterans; authorizing certain regulatory bodies to enter into certain reciprocal agreements relating to the practice of licensed professionals; revising provisions relating to the licensure of an allopathic and osteopathic physician; revising provisions relating to the practice of dentistry and dental hygiene, including, without limitation, the licensing requirements for and the issuance of a license to dentists and dental hygienists; establishing a fee for the inspection of a facility required by the Board of Dental Examiners of Nevada to ensure compliance with infection control guidelines; authorizing certain qualified physicians and podiatrists to obtain a license by endorsement under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Sections 1 and 2 of this bill set forth new provisions relating to the employment of veterans. Section 1 requires the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation to gather aggregate unemployment data concerning veterans and report such data to the Interagency Council on Veterans Affairs on a quarterly basis. Section 2 authorizes a private employer to adopt an employment policy that gives preference in hiring to a veteran or the spouse of a veteran. Section 2 also authorizes the Nevada Equal Rights Commission to review the uniform application of such an employment policy upon receiving a written complaint from a prospective employee of the employer and requires the employer, upon a finding by the Commission that the policy has not been applied uniformly, to revise his or her employment policy in accordance with the recommendations of the Commission. Existing law generally provides for preferential employment in public employment and the construction of public works for certain veterans. (NRS 281.060, 284.260, 338.130)

      Under existing law, before a person can be issued a commercial driver’s license by this State, the person is required, among other things, to pass a driving skills test for driving a commercial motor vehicle. (NRS 483.928) Section 5 of this bill provides an exemption to this requirement for certain persons who have experience driving a commercial motor vehicle because of their service in the Armed Forces of the United States.

 


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ê2015 Statutes of Nevada, Page 3860 (Chapter 546, AB 89)ê

 

      Existing law also generally provides for the regulation of professions in this State. (Title 54 of NRS) Sections 13.6, 27.2, 27.3, 28.3, 36.5, 41, 45, 46, 52, 55, 59, 63, 64, 69, 74 and 78-82 of this bill authorize certain qualified physicians, podiatrists and other providers of health care and professionals to obtain an expedited license by endorsement to practice their respective professions in this State if the physician, podiatrist or other provider of health care or professional: (1) holds a valid and unrestricted license to practice in the District of Columbia or another state or territory of the United States; (2) is an active member or veteran of, the spouse of an active member or veteran of, or the surviving spouse of a veteran of, the Armed Forces of the United States; and (3) meets certain other requirements. Specifically, an expedited license by endorsement may be obtained from the Board of Medical Examiners, the State Board of Nursing, the State Board of Osteopathic Medicine, the State Board of Podiatry, the State Board of Optometry, the Board of Examiners for Audiology and Speech Pathology, the State Board of Pharmacy, the State Board of Physical Therapy Examiners, the Board of Occupational Therapy, the Board of Massage Therapists, the Board of Psychological Examiners, the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors, the Board of Examiners for Social Workers and the Board of Examiners for Alcohol, Drug and Gambling Counselors.

      Section 10 of this bill requires a regulatory body to develop opportunities for reciprocity of licensure for such persons who hold a professional license that is not recognized by this State. Section 11 of this bill requires a regulatory body in certain circumstances to prepare and submit to the Interagency Council on Veterans Affairs an annual report providing information on the number of veterans who have applied for a license, have been issued a license or have renewed a license.

      Section 12 of this bill authorizes certain regulatory bodies of this State to enter into a reciprocal agreement with the corresponding regulatory authority of another state or territory of the United States for the purposes of authorizing and regulating the practice of certain professions concurrently in this State and another jurisdiction. Section 12 provides that such a reciprocal agreement must not authorize a person to practice his or her profession concurrently in this State unless the person meets certain credentialing requirements. Sections 13.3, 30.5 and 33 of this bill authorize certain qualified physicians and certain qualified podiatrists to obtain an expedited license by endorsement to practice in this State if the physician or podiatrist meets certain requirements. Section 14 of this bill authorizes the Board of Medical Examiners to issue a license to practice medicine to certain persons who receive postgraduate education in certain approved residency programs in Canada.

      Sections 20-27 of this bill revise various provisions relating to dentists and dental hygienists. Section 22.5 authorizes the Executive Director of the Board of Dental Examiners of Nevada to issue a license to a qualified applicant without further review of the Board under certain circumstances. Sections 23 and 25 revise provisions relating to the licensing requirements for dentists and dental hygienists, and section 27 establishes a fee for the inspection of a facility required by the Board to ensure compliance with infection control guidelines.

      Section 3 of this bill adds the Board of Examiners for Social Workers to the list of persons and governmental entities to whom records of criminal history must be disseminated by an agency of criminal justice upon request.

 

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

      1.  The Administrator of the Division shall, for each calendar quarter, gather aggregate unemployment data concerning veterans, including, without limitation, benefits paid to veterans, and report such data to the Interagency Council on Veterans Affairs.

 


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ê2015 Statutes of Nevada, Page 3861 (Chapter 546, AB 89)ê

 

without limitation, benefits paid to veterans, and report such data to the Interagency Council on Veterans Affairs.

      2.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 2. Chapter 613 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A private employer may adopt an employment policy that gives preference in hiring to a veteran or the spouse of a veteran. Such a policy must be applied uniformly to employment decisions regarding the hiring or promotion of a veteran or the spouse of a veteran or the retention of a veteran or the spouse of a veteran during a reduction in the workforce.

      2.  A private employer who gives preference in hiring to a veteran or the spouse of a veteran pursuant to subsection 1 does not violate any local or state equal employment law.

      3.  The Nevada Equal Rights Commission may, upon receipt of a written complaint from a prospective employee of a private employer who has adopted an employment policy giving preference in hiring to a veteran or the spouse of a veteran pursuant to subsection 1, review the employment policy to determine whether the policy is being applied uniformly in accordance with subsection 1. If the Commission determines that an employment policy is not being applied uniformly, the Commission shall cause written notice of its findings, including the recommendations of the Commission, to be provided to the employer and prospective employee. Upon receipt of a notice from the Commission that an employment policy is not being applied uniformly, the employer shall revise his or her employment policy consistent with the recommendations of the Commission.

      4.  As used in this section:

      (a) “Private employer” has the meaning ascribed to it in NRS 616A.295.

      (b) “Veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 3. NRS 179A.100 is hereby amended to read as follows:

      179A.100  1.  The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

      (a) Any which reflect records of conviction only; and

      (b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

      2.  Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

      (a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

      (b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

      (c) Reported to the Central Repository.

      3.  An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which are the result of a name-based inquiry and which:

 


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ê2015 Statutes of Nevada, Page 3862 (Chapter 546, AB 89)ê

 

      (a) Reflect convictions only; or

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

      4.  In addition to any other information to which an employer is entitled or authorized to receive from a name-based inquiry, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information contained in a record of registration concerning an employee, prospective employee, volunteer or prospective volunteer who is a sex offender or an offender convicted of a crime against a child, regardless of whether the employee, prospective employee, volunteer or prospective volunteer gives written consent to the release of that information. The Central Repository shall disseminate such information in a manner that does not reveal the name of an individual victim of an offense or the information described in subsection 7 of NRS 179B.250. A request for information pursuant to this subsection must conform to the requirements of the Central Repository and must include:

      (a) The name and address of the employer, and the name and signature of the person or entity requesting the information on behalf of the employer;

      (b) The name and address of the employer’s facility in which the employee, prospective employee, volunteer or prospective volunteer is employed or volunteers or is seeking to become employed or volunteer; and

      (c) The name and other identifying information of the employee, prospective employee, volunteer or prospective volunteer.

      5.  In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information described in subsection 4 of NRS 179A.190 concerning an employee, prospective employee, volunteer or prospective volunteer who gives written consent to the release of that information if the employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice of information. The Central Repository shall search for and disseminate such information in the manner set forth in NRS 179A.210 for the dissemination of a notice of information.

      6.  Except as otherwise provided in subsection 5, the provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to an employer who requests information and to whom such information is disseminated pursuant to subsections 4 and 5.

      7.  Records of criminal history must be disseminated by an agency of criminal justice, upon request, to the following persons or governmental entities:

      (a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.

      (b) The person who is the subject of the record of criminal history when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

      (c) The State Gaming Control Board.

      (d) The State Board of Nursing.

      (e) The Private Investigator’s Licensing Board to investigate an applicant for a license.

 


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      (f) A public administrator to carry out the duties as prescribed in chapter 253 of NRS.

      (g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.

      (h) Any agency of criminal justice of the United States or of another state or the District of Columbia.

      (i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee or to protect the public health, safety or welfare.

      (j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

      (k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

      (l) Any reporter for the electronic or printed media in a professional capacity for communication to the public.

      (m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

      (n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

      (o) An agency which provides child welfare services, as defined in NRS 432B.030.

      (p) The Division of Welfare and Supportive Services of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.

      (q) The Aging and Disability Services Division of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.

      (r) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.

      (s) The State Disaster Identification Team of the Division of Emergency Management of the Department.

      (t) The Commissioner of Insurance.

      (u) The Board of Medical Examiners.

      (v) The State Board of Osteopathic Medicine.

      (w) The Board of Massage Therapists and its Executive Director.

      (x) The Board of Examiners for Social Workers.

      (y) A multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored by the Attorney General pursuant to NRS 228.495.

      8.  Agencies of criminal justice in this State which receive information from sources outside this State concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

 


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      Sec. 4. (Deleted by amendment.)

      Sec. 5. Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In accordance with 49 C.F.R. § 383.77, the requirement set forth in paragraph (b) of subsection 2 of NRS 483.928 for the issuance of a commercial driver’s license by this State must be waived for an applicant who:

      (a) Has experience driving a commercial motor vehicle because of his or her service in the Armed Forces of the United States;

      (b) Is licensed at the time of his or her application for a commercial driver’s license; and

      (c) Meets the requirements set forth in subsection 2.

      2.  An applicant for a commercial driver’s license who seeks a waiver pursuant to subsection 1 of the requirement set forth in paragraph (b) of subsection 2 of NRS 483.928 shall:

      (a) Certify that, during the 2 years immediately preceding his or her application for a commercial driver’s license, the applicant has not had:

             (1) More than one license in more than one jurisdiction at the same time, except for a military license;

             (2) A license suspended, revoked, cancelled or denied;

             (3) A conviction for an offense listed in 49 C.F.R. § 383.51(b);

             (4) More than one conviction for a serious traffic violation listed in 49 C.F.R. § 383.51(c); and

            (5) A conviction for a violation of any military, state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic accident, and has no record of an accident in which he or she was at fault.

      (b) Certify and provide evidence that he or she:

             (1) Has been regularly employed in a military position that requires the operation of a commercial motor vehicle within the 90 days immediately preceding his or her application;

             (2) Is exempt from the requirements for a commercial driver’s license pursuant to 49 C.F.R. § 383.3(c); and

             (3) Has operated a vehicle which is representative of the commercial motor vehicle that he or she intends to operate for at least 2 years immediately preceding the date of his or her application.

      Sec. 6. NRS 483.928 is hereby amended to read as follows:

      483.928  A person who wishes to be issued a commercial driver’s license by this State must:

      1.  Apply to the Department for a commercial driver’s license;

      2.  In accordance with standards contained in regulations adopted by the Department:

      (a) Pass a knowledge test for the type of motor vehicle the person operates or expects to operate; and

      (b) [Pass] Except as otherwise provided in section 5 of this act, pass a driving skills test for driving a commercial motor vehicle taken in a motor vehicle which is representative of the type of motor vehicle the person operates or expects to operate;

      3.  Comply with all other requirements contained in the regulations adopted by the Department pursuant to NRS 483.908;

      4.  Not be ineligible to be issued a commercial driver’s license pursuant to NRS 483.929; and

 


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      5.  For the issuance of a commercial driver’s license with an endorsement for hazardous materials, submit a complete set of fingerprints and written permission authorizing the Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History and all applicable federal agencies to process the fingerprints for a background check of the applicant in accordance with Section 1012 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, 49 U.S.C. § 5103a.

      Sec. 7. Chapter 622 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 12, inclusive, of this act.

      Sec. 8. As used in sections 8 to 11, inclusive, of this act, unless the context otherwise requires, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 9.  (Deleted by amendment.)

      Sec. 10. A regulatory body shall develop opportunities for reciprocity of licensure for any person who:

      1.  Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran; and

      2.  Holds a valid and unrestricted license to practice his or her profession that is not recognized by this State.

      Sec. 11. If a regulatory body collects information regarding whether an applicant for a license is a veteran, the regulatory body shall prepare and submit to the Interagency Council on Veterans Affairs created by NRS 417.0191 an annual report which provides information on the number of veterans who have:

      1.  Applied for a license from the regulatory body.

      2.  Been issued a license by the regulatory body.

      3.  Renewed a license with the regulatory body.

      Sec. 12. 1.  A regulatory body that regulates a profession pursuant to chapters 630, 630A, 632 to 641C, inclusive, or 644 of NRS in this State may enter into a reciprocal agreement with the corresponding regulatory authority of the District of Columbia or any other state or territory of the United States for the purposes of:

      (a) Authorizing a qualified person licensed in the profession in that state or territory to practice concurrently in this State and one or more other states or territories of the United States; and

      (b) Regulating the practice of such a person.

      2.  A regulatory body may enter into a reciprocal agreement pursuant to subsection 1 only if the regulatory body determines that:

      (a) The corresponding regulatory authority is authorized by law to enter into such an agreement with the regulatory body; and

      (b) The applicable provisions of law governing the practice of the respective profession in the state or territory on whose behalf the corresponding regulatory authority would execute the reciprocal agreement are substantially similar to the corresponding provisions of law in this State.

      3.  A reciprocal agreement entered into pursuant to subsection 1 must not authorize a person to practice his or her profession concurrently in this State unless the person:

 


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      (a) Has an active license to practice his or her profession in another state or territory of the United States.

      (b) Has been in practice for at least the 5 years immediately preceding the date on which the person submits an application for the issuance of a license pursuant to a reciprocal agreement entered into pursuant to subsection 1.

      (c) Has not had his or her license suspended or revoked in any state or territory of the United States.

      (d) Has not been refused a license to practice in any state or territory of the United States for any reason.

      (e) Is not involved in and does not have pending any disciplinary action concerning his or her license or practice in any state or territory of the United States.

      (f) Pays any applicable fees for the issuance of a license that are otherwise required for a person to obtain a license in this State.

      (g) Submits to the applicable regulatory body the statement required by NRS 425.520.

      4.  If the regulatory body enters into a reciprocal agreement pursuant to subsection 1, the regulatory body must prepare an annual report before January 31 of each year outlining the progress of the regulatory body as it relates to the reciprocal agreement and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the next session of the Legislature in odd-numbered years or to the Legislative Committee on Health Care in even-numbered years.

      Sec. 13. Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 13.3 and 13.6 of this act.

      Sec. 13.3. 1.  Except as otherwise provided in NRS 630.1605 and 630.161, the Board may issue a license by endorsement to practice medicine to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license to practice medicine in the District of Columbia or any state or territory of the United States; and

      (b) Is certified in a specialty recognized by the American Board of Medical Specialties or the American Osteopathic Association.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant holds a license to practice medicine; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 630.167;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

 


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      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice medicine pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice medicine to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

      (b) Ten days after receiving a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

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

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice medicine in accordance with regulations adopted by the Board.

      Sec. 13.6.1.  The Board may issue a license by endorsement to practice as a physician assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license to practice as a physician assistant in the District of Columbia or any state or territory of the United States;

      (b) Is certified in a specialty recognized by the American Board of Medical Specialties; and

      (c) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license to practice as a physician assistant; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 630.167;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice as a physician assistant pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application.

 


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additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a physician assistant to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

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

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a physician assistant in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 14. NRS 630.160 is hereby amended to read as follows:

      630.160  1.  Every person desiring to practice medicine must, before beginning to practice, procure from the Board a license authorizing the person to practice.

      2.  Except as otherwise provided in NRS 630.1605, 630.161 and 630.258 to 630.266, inclusive, and section 13.3 of this act, a license may be issued to any person who:

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

      (b) Has received the degree of doctor of medicine from a medical school:

             (1) Approved by the Liaison Committee on Medical Education of the American Medical Association and Association of American Medical Colleges; or

             (2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee on Medical Education;

      (c) Is currently certified by a specialty board of the American Board of Medical Specialties and who agrees to maintain the certification for the duration of the licensure, or has passed:

            (1) All parts of the examination given by the National Board of Medical Examiners;

             (2) All parts of the Federation Licensing Examination;

             (3) All parts of the United States Medical Licensing Examination;

             (4) All parts of a licensing examination given by any state or territory of the United States, if the applicant is certified by a specialty board of the American Board of Medical Specialties;

             (5) All parts of the examination to become a licentiate of the Medical Council of Canada; or

             (6) Any combination of the examinations specified in subparagraphs (1), (2) and (3) that the Board determines to be sufficient;

      (d) Is currently certified by a specialty board of the American Board of Medical Specialties in the specialty of emergency medicine, preventive medicine or family [practice] medicine and who agrees to maintain certification in at least one of these specialties for the duration of the licensure, or:

 


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medicine or family [practice] medicine and who agrees to maintain certification in at least one of these specialties for the duration of the licensure, or:

             (1) Has completed 36 months of progressive postgraduate:

                   (I) Education as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education , [or] the [Coordinating Council of Medical Education of the Canadian Medical Association;] Royal College of Physicians and Surgeons of Canada, the Collège des médecins du Québec or the College of Family Physicians of Canada, or their successor organizations; or

                   (II) Fellowship training in the United States or Canada approved by the Board or the Accreditation Council for Graduate Medical Education;

             (2) Has completed at least 36 months of postgraduate education, not less than 24 months of which must have been completed as a resident after receiving a medical degree from a combined dental and medical degree program approved by the Board; or

             (3) Is a resident who is enrolled in a progressive postgraduate training program in the United States or Canada approved by the Board, the Accreditation Council for Graduate Medical Education , [or] the [Coordinating Council of Medical Education of the Canadian Medical Association,] Royal College of Physicians and Surgeons of Canada, the Collège des médecins du Québec, the College of Family Physicians of Canada or, as applicable, their successor organizations, has completed at least 24 months of the program and has committed, in writing, to the Board that he or she will complete the program; and

      (e) Passes a written or oral examination, or both, as to his or her qualifications to practice medicine and provides the Board with a description of the clinical program completed demonstrating that the applicant’s clinical training met the requirements of paragraph (b).

      3.  The Board may issue a license to practice medicine after the Board verifies, through any readily available source, that the applicant has complied with the provisions of subsection 2. The verification may include, but is not limited to, using the Federation Credentials Verification Service. If any information is verified by a source other than the primary source of the information, the Board may require subsequent verification of the information by the primary source of the information.

      4.  Notwithstanding any provision of this chapter to the contrary, if, after issuing a license to practice medicine, the Board obtains information from a primary or other source of information and that information differs from the information provided by the applicant or otherwise received by the Board, the Board may:

      (a) Temporarily suspend the license;

      (b) Promptly review the differing information with the Board as a whole or in a committee appointed by the Board;

      (c) Declare the license void if the Board or a committee appointed by the Board determines that the information submitted by the applicant was false, fraudulent or intended to deceive the Board;

      (d) Refer the applicant to the Attorney General for possible criminal prosecution pursuant to NRS 630.400; or

      (e) If the Board temporarily suspends the license, allow the license to return to active status subject to any terms and conditions specified by the Board, including:

 


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             (1) Placing the licensee on probation for a specified period with specified conditions;

             (2) Administering a public reprimand;

             (3) Limiting the practice of the licensee;

             (4) Suspending the license for a specified period or until further order of the Board;

             (5) Requiring the licensee to participate in a program to correct alcohol or drug dependence or any other impairment;

             (6) Requiring supervision of the practice of the licensee;

             (7) Imposing an administrative fine not to exceed $5,000;

             (8) Requiring the licensee to perform community service without compensation;

             (9) Requiring the licensee to take a physical or mental examination or an examination testing his or her competence to practice medicine;

             (10) Requiring the licensee to complete any training or educational requirements specified by the Board; and

             (11) Requiring the licensee to submit a corrected application, including the payment of all appropriate fees and costs incident to submitting an application.

      5.  If the Board determines after reviewing the differing information to allow the license to remain in active status, the action of the Board is not a disciplinary action and must not be reported to any national database. If the Board determines after reviewing the differing information to declare the license void, its action shall be deemed a disciplinary action and shall be reportable to national databases.

      Sec. 15. NRS 630.165 is hereby amended to read as follows:

      630.165  1.  Except as otherwise provided in subsection 2, an applicant for a license to practice medicine must submit to the Board, on a form provided by the Board, an application in writing, accompanied by an affidavit stating that:

      (a) The applicant is the person named in the proof of graduation and that it was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and

      (b) The information contained in the application and any accompanying material is complete and correct.

      2.  An applicant for a license by endorsement to practice medicine pursuant to NRS 630.1605 or section 13.3 of this act must submit to the Board, on a form provided by the Board, an application in writing, accompanied by an affidavit stating that:

      (a) The applicant is the person named in the license to practice medicine issued by the District of Columbia or any state or territory of the United States and that the license was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and

      (b) The information contained in the application and any accompanying material is complete and correct.

      3.  An application submitted pursuant to subsection 1 or 2 must include all information required to complete the application.

      4.  In addition to the other requirements for licensure, the Board may require such further evidence of the mental, physical, medical or other qualifications of the applicant as it considers necessary.

      5.  The applicant bears the burden of proving and documenting his or her qualifications for licensure.

 


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      Sec. 16. NRS 630.171 is hereby amended to read as follows:

      630.171  Except as otherwise provided in NRS 630.263, in addition to the other requirements for licensure, an applicant for a license to practice medicine shall cause to be submitted to the Board, if applicable:

      1.  A certificate of completion of progressive postgraduate training from the residency program where the applicant [received] completed training; and

      2.  Proof of satisfactory completion of a progressive postgraduate training program specified in subparagraph (3) of paragraph (d) of subsection 2 of NRS 630.160 within 60 days after the scheduled completion of the program.

      Sec. 16.5. NRS 630.195 is hereby amended to read as follows:

      630.195  1.  [In] Except as otherwise provided in section 13.3 of this act, addition to the other requirements for licensure, an applicant for a license to practice medicine who is a graduate of a foreign medical school shall submit to the Board proof that the applicant has received:

      (a) The degree of doctor of medicine or its equivalent, as determined by the Board; and

      (b) The standard certificate of the Educational Commission for Foreign Medical Graduates or a written statement from that Commission that the applicant passed the examination given by the Commission.

      2.  The proof of the degree of doctor of medicine or its equivalent must be submitted directly to the Board by the medical school that granted the degree. If proof of the degree is unavailable from the medical school that granted the degree, the Board may accept proof from any other source specified by the Board.

      Sec. 17. NRS 630.258 is hereby amended to read as follows:

      630.258  1.  A physician who is retired from active practice and who:

      (a) Wishes to donate his or her expertise for the medical care and treatment of persons in this State who are indigent, uninsured or unable to afford health care; or

      (b) Wishes to provide services for any disaster relief operations conducted by a governmental entity or nonprofit organization,

Ê may obtain a special volunteer medical license by submitting an application to the Board pursuant to this section.

      2.  An application for a special volunteer medical license must be on a form provided by the Board and must include:

      (a) Documentation of the history of medical practice of the physician;

      (b) Proof that the physician previously has been issued an unrestricted license to practice medicine in any state of the United States and that the physician has never been the subject of disciplinary action by a medical board in any jurisdiction;

      (c) Proof that the physician satisfies the requirements for licensure set forth in NRS 630.160 or the requirements for licensure by endorsement set forth in NRS 630.1605 [;] or section 13.3 of this act;

      (d) Acknowledgment that the practice of the physician under the special volunteer medical license will be exclusively devoted to providing medical care:

             (1) To persons in this State who are indigent, uninsured or unable to afford health care; or

             (2) As part of any disaster relief operations conducted by a governmental entity or nonprofit organization; and

 


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      (e) Acknowledgment that the physician will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for providing medical care under the special volunteer medical license, except for payment by a medical facility at which the physician provides volunteer medical services of the expenses of the physician for necessary travel, continuing education, malpractice insurance or fees of the State Board of Pharmacy.

      3.  If the Board finds that the application of a physician satisfies the requirements of subsection 2 and that the retired physician is competent to practice medicine, the Board [shall] must issue a special volunteer medical license to the physician.

      4.  The initial special volunteer medical license issued pursuant to this section expires 1 year after the date of issuance. The license may be renewed pursuant to this section, and any license that is renewed expires 2 years after the date of issuance.

      5.  The Board shall not charge a fee for:

      (a) The review of an application for a special volunteer medical license; or

      (b) The issuance or renewal of a special volunteer medical license pursuant to this section.

      6.  A physician who is issued a special volunteer medical license pursuant to this section and who accepts the privilege of practicing medicine in this State pursuant to the provisions of the special volunteer medical license is subject to all the provisions governing disciplinary action set forth in this chapter.

      7.  A physician who is issued a special volunteer medical license pursuant to this section shall comply with the requirements for continuing education adopted by the Board.

      Sec. 18. NRS 630.265 is hereby amended to read as follows:

      630.265  1.  [Except as otherwise provided in] Unless the Board denies such licensure pursuant to NRS 630.161 [,] or for other good cause, the Board [may] shall issue to a qualified applicant a limited license to practice medicine as a resident physician in a graduate program approved by the Accreditation Council for Graduate Medical Education if the applicant is:

      (a) A graduate of an accredited medical school in the United States or Canada; or

      (b) A graduate of a foreign medical school and has received the standard certificate of the Educational Commission for Foreign Medical Graduates or a written statement from that Commission that the applicant passed the examination given by it.

      2.  The medical school or other institution sponsoring the program shall provide the Board with written confirmation that the applicant has been appointed to a position in the program and is a citizen of the United States or lawfully entitled to remain and work in the United States. A limited license remains valid only while the licensee is actively practicing medicine in the residency program and is legally entitled to work and remain in the United States.

      3.  The Board may issue a limited license for not more than 1 year but may renew the license if the applicant for the limited license meets the requirements set forth by the Board by regulation.

 


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      4.  The holder of a limited license may practice medicine only in connection with his or her duties as a resident physician or under such conditions as are approved by the director of the program.

      5.  The holder of a limited license granted pursuant to this section may be disciplined by the Board at any time for any of the grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive.

      Sec. 19. NRS 630.268 is hereby amended to read as follows:

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

 

For application for and issuance of a license to practice as a physician, including a license by endorsement issued pursuant to NRS 630.1605 or, except as otherwise provided in subsection 4, section 13.3 of this act $600

For application for and issuance of a temporary, locum tenens, limited, restricted, authorized facility, special, special purpose or special event license...................................................... 400

For renewal of a limited, restricted, authorized facility or special license............................................................ 400

For application for and issuance of a license as a physician assistant 400

For biennial registration of a physician assistant................................ 800

For biennial registration of a physician................................................ 800

For application for and issuance of a license as a perfusionist or practitioner of respiratory care................. 400

For biennial renewal of a license as a perfusionist............................. 600

For biennial registration of a practitioner of respiratory care........... 600

For biennial registration for a physician who is on inactive status.. 400

For written verification of licensure......................................................... 50

For a duplicate identification card........................................................... 25

For a duplicate license................................................................................ 50

For computer printouts or labels............................................................ 500

For verification of a listing of physicians, per hour.............................. 20

For furnishing a list of new physicians.................................................. 100

 

      2.  [In] Except as otherwise provided in subsection 4, in addition to the fees prescribed in subsection 1, the Board shall charge and collect necessary and reasonable fees for the expedited processing of a request or for any other incidental service the Board provides.

      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 for by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting it has paid a cash deposit with the Board sufficient to defray all expenses of the meeting.

      4.  If an applicant submits an application for a license by endorsement pursuant to:

      (a) Section 13.3 of this act and the applicant is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license.

 


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more than one-half of the fee set forth in subsection 1 for the initial issuance of the license. As used in this paragraph, “veteran” has the meaning ascribed to it in NRS 417.005.

      (b) Section 13.6 of this act, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license.

      Sec. 19.5. NRS 630.275 is hereby amended to read as follows:

      630.275  The Board shall adopt regulations regarding the licensure of a physician assistant, including, but not limited to:

      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 procedures deemed necessary by the Board for applications for and the initial issuance of licenses by endorsement pursuant to section 13.6 of this act.

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

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

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

      7.], including licenses by endorsement.

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

      [8.]9.  The supervision of medical services of a physician assistant by a supervising physician, including, without limitation, supervision that is performed electronically, telephonically or by fiber optics from within or outside this State or the United States.

      [9.]10.  A physician assistant’s use of equipment that transfers information concerning the medical condition of a patient in this State electronically, telephonically or by fiber optics from within or outside this State or the United States.

      Sec. 20. Chapter 631 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Minimal sedation” means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method, that retains the patient’s ability to independently and continuously maintain an airway and respond normally to tactile stimulation and verbal command, and during which cognitive function and coordination may be modestly impaired, but ventilatory and cardiovascular functions are unaffected.

      Sec. 21. NRS 631.005 is hereby amended to read as follows:

      631.005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 631.015 to 631.105, inclusive, and section 20 of this act have the meanings ascribed to them in those sections.

      Sec. 22. NRS 631.025 is hereby amended to read as follows:

      631.025  [“Conscious] “Moderate sedation” means a [minimally] drug-induced depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, [in] during which [the] :

 


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      1.  The patient retains the ability [independently and continuously to maintain an airway and] to respond [appropriately] purposefully to [physical stimulation and] verbal commands [.] , either alone or accompanied by light tactile stimulation;

      2.  Spontaneous ventilation is adequate and no interventions are required to maintain a patent airway; and

      3.  Cardiovascular function is usually maintained.

      Sec. 22.5. NRS 631.220 is hereby amended to read as follows:

      631.220  1.  Every applicant for a license to practice dental hygiene or dentistry, or any of its special branches, must:

      (a) File an application with the Board . [at least 45 days before:

             (1) The date on which the examination will be given; or

             (2) If an examination is not required for the issuance of a license, the date on which the Board is scheduled to take action on the application.]

      (b) Accompany the application with a recent photograph of the applicant together with the required fee and such other documentation as the Board may require by regulation.

      (c) Submit with the application 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.

      (d) If the applicant is required to take an examination pursuant to NRS 631.240 or 631.300, submit with the application proof satisfactory that the applicant passed the examination.

      2.  An application must include all information required to complete the application.

      3.  The Secretary-Treasurer may, in accordance with regulations adopted by the Board and if the Secretary-Treasurer determines that an application is:

      (a) Sufficient, advise the Executive Director of the sufficiency of the application. Upon the advice of the Secretary-Treasurer, the Executive Director may issue a license to the applicant without further review by the Board.

      (b) Insufficient, reject the application by sending written notice of the rejection to the applicant.

      Sec. 23. NRS 631.240 is hereby amended to read as follows:

      631.240  1.  Any person desiring to obtain a license to practice dentistry in this State, after having complied with the regulations of the Board to determine eligibility:

      (a) Except as otherwise provided in NRS 622.090, must present to the Board a certificate granted by the Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the National Board Dental Examination with an average score of at least 75; and

      (b) Except as otherwise provided in this chapter, must:

             (1) Successfully pass a clinical examination approved by the Board and the American Board of Dental Examiners; or

             (2) Present to the Board a certificate granted by the Western Regional Examining Board which contains a notation that the applicant has passed [, within the 5 years immediately preceding the date of the application,] a clinical examination administered by the Western Regional Examining Board.

 


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

      3.  All persons who have satisfied the requirements for licensure as a dentist must be registered as licensed dentists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by all members of the Board.

      Sec. 23.5. NRS 631.260 is hereby amended to read as follows:

      631.260  [As] Except as otherwise provided in subsection 3 of NRS 631.220, as soon as possible after the examination has been given, the Board, under rules and regulations adopted by it, shall determine the qualifications of the applicant and shall issue to each person found by the Board to have the qualifications therefor a license which will entitle the person to practice dental hygiene or dentistry, or any special branch of dentistry, as in such license defined, subject to the provisions of this chapter.

      Sec. 24. NRS 631.265 is hereby amended to read as follows:

      631.265  1.  No licensed dentist or person who holds a restricted license issued pursuant to NRS 631.275 may administer or supervise directly the administration of general anesthesia, [conscious] minimal sedation, moderate sedation or deep sedation to dental patients unless the dentist or person has been issued a permit authorizing him or her to do so by the Board.

      2.  The Board may issue a permit authorizing a licensed dentist or person who holds a restricted license issued pursuant to NRS 631.275 to administer or supervise directly the administration of general anesthesia, [conscious] minimal sedation, moderate sedation or deep sedation to dental patients under such standards, conditions and other requirements as the Board shall by regulation prescribe.

      Sec. 25. NRS 631.300 is hereby amended to read as follows:

      631.300  1.  Any person desiring to obtain a license to practice dental hygiene, after having complied with the regulations of the Board to determine eligibility:

      (a) Except as otherwise provided in NRS 622.090, must pass a written examination given by the Board upon such subjects as the Board deems necessary for the practice of dental hygiene or must present a certificate granted by the Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the National Board Dental Hygiene Examination with a score of at least 75; and

      (b) Except as otherwise provided in this chapter, must:

             (1) Successfully pass a clinical examination approved by the Board and the American Board of Dental Examiners [or present evidence to the Board that the applicant has passed such a clinical examination within the 5 years immediately preceding the date of the application;] ; or

             (2) [Successfully complete a clinical examination in dental hygiene given by the Board which examines the applicant’s practical knowledge of dental hygiene and which includes, but is not limited to, demonstrations in the removal of deposits from, and the polishing of, the exposed surface of the teeth; or

             (3)] Present to the Board a certificate granted by the Western Regional Examining Board which contains a notation that the applicant has passed [, within the 5 years immediately preceding the date of the application,] a clinical examination administered by the Western Regional Examining Board.

 


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      2.  [The clinical examination given by the Board must include components that are:

      (a) Written or oral, or a combination of both; and

      (b) Practical, as in the opinion of the Board is necessary to test the qualifications of the applicant.

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

      [4.]3.  All persons who have satisfied the requirements for licensure as a dental hygienist must be registered as licensed dental hygienists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by all members of the Board.

      Sec. 26. NRS 631.313 is hereby amended to read as follows:

      631.313  1.  A licensed dentist may assign to a person in his or her employ who is a dental hygienist, dental assistant or other person directly or indirectly involved in the provision of dental care only such intraoral tasks as may be permitted by a regulation of the Board or by the provisions of this chapter.

      2.  The performance of these tasks must be:

      (a) If performed by a dental assistant or a person, other than a dental hygienist, who is directly or indirectly involved in the provision of dental care, under the supervision of the licensed dentist who made the assignment.

      (b) If performed by a dental hygienist, authorized by the licensed dentist of the patient for whom the tasks will be performed, except as otherwise provided in NRS 631.287.

      3.  No such assignment is permitted that requires:

      (a) The diagnosis, treatment planning, prescribing of drugs or medicaments, or authorizing the use of restorative, prosthodontic or orthodontic appliances.

      (b) Surgery on hard or soft tissues within the oral cavity or any other intraoral procedure that may contribute to or result in an irremediable alteration of the oral anatomy.

      (c) The administration of general anesthesia, [conscious] minimal sedation, moderate sedation or deep sedation except as otherwise authorized by regulations adopted by the Board.

      (d) The performance of a task outside the authorized scope of practice of the employee who is being assigned the task.

      4.  A dental hygienist may, pursuant to regulations adopted by the Board, administer local anesthesia or nitrous oxide in a health care facility, as defined in NRS 162A.740, if:

      (a) The dental hygienist is so authorized by the licensed dentist of the patient to whom the local anesthesia or nitrous oxide is administered; and

      (b) The health care facility has licensed medical personnel and necessary emergency supplies and equipment available when the local anesthesia or nitrous oxide is administered.

      Sec. 27. NRS 631.345 is hereby amended to read as follows:

      631.345  1.  Except as otherwise provided in NRS 631.2715, the Board shall by regulation establish fees for the performance of the duties imposed upon it by this chapter which must not exceed the following amounts:

 

Application fee for an initial license to practice dentistry........... $1,500

Application fee for an initial license to practice dental hygiene...... 750

 


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Application fee for a specialist’s license to practice dentistry........ $300

Application fee for a limited license or restricted license to practice dentistry or dental hygiene    300

Fee for administering a clinical examination in dentistry.............. 2,500

Fee for administering a clinical examination in dental hygiene... 1,500

Application and examination fee for a permit to administer general anesthesia, [conscious] minimal sedation, moderate sedation or deep sedation................................................................. 750

Fee for any reinspection required by the Board to maintain a permit to administer general anesthesia, [conscious] minimal sedation, moderate sedation or deep sedation............ 500

Biennial renewal fee for a permit to administer general anesthesia, [conscious] minimal sedation, moderate sedation or deep sedation...................................................................................... 600

Fee for the inspection of a facility required by the Board to renew a permit to administer general anesthesia, [conscious] minimal sedation, moderate sedation or deep sedation............ 350

Fee for the inspection of a facility required by the Board to ensure compliance with infection control guidelines     500

Biennial license renewal fee for a general license, specialist’s license, temporary license or restricted geographical license to practice dentistry........................................................................ 1,000

Annual license renewal fee for a limited license or restricted license to practice dentistry   300

Biennial license renewal fee for a general license, temporary license or restricted geographical license to practice dental hygiene................................................................................................. 600

Annual license renewal fee for a limited license to practice dental hygiene  300

Biennial license renewal fee for an inactive dentist........................... 400

Biennial license renewal fee for a dentist who is retired or has a disability   100

Biennial license renewal fee for an inactive dental hygienist........... 200

Biennial license renewal fee for a dental hygienist who is retired or has a disability      100

Reinstatement fee for a suspended license to practice dentistry or dental hygiene 500

Reinstatement fee for a revoked license to practice dentistry or dental hygiene      500

Reinstatement fee to return a dentist or dental hygienist who is inactive, retired or has a disability to active status 500

Fee for the certification of a license........................................................ 50

 

      2.  Except as otherwise provided in this subsection, the Board shall charge a fee to review a course of continuing education for accreditation. The fee must not exceed $150 per credit hour of the proposed course. The Board shall not charge a nonprofit organization or an agency of the State or of a political subdivision of the State a fee to review a course of continuing education.

 


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shall not charge a nonprofit organization or an agency of the State or of a political subdivision of the State a fee to review a course of continuing education.

      3.  All fees prescribed in this section are payable in advance and must not be refunded.

      Sec. 27.1. Chapter 632 of NRS is hereby amended by adding thereto the provisions set forth as sections 27.2 and 27.3 of this act.

      Sec. 27.2. 1.  Except as otherwise provided in NRS 632.3405, the Board may issue a license by endorsement to practice as a professional nurse to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license to practice as a professional nurse in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

            (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license to practice as a professional nurse; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 632.344;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice as a professional nurse pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a professional nurse to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

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

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a professional nurse in accordance with regulations adopted by the Board.

 


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provisional license authorizing an applicant to practice as a professional nurse in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 27.3. 1.  Except as otherwise provided in NRS 632.3405, the Board may issue a license by endorsement to practice as a practical nurse to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license to practice as a practical nurse in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license to practice as a practical nurse; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 632.344;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice as a practical nurse pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a practical nurse to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

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

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a practical nurse in accordance with regulations adopted by the Board.

 


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      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 27.4. NRS 632.140 is hereby amended to read as follows:

      632.140  Except as otherwise provided in section 27.2 of this act:

      1.  Every applicant for a license to practice as a professional nurse in the State of Nevada must submit to the Board written evidence under oath that the applicant:

      (a) Is of good moral character.

      (b) Is in good physical and mental health.

      (c) Has completed a course of study in:

             (1) An accredited school of professional nursing and holds a diploma therefrom; or

             (2) An approved school of professional nursing in the process of obtaining accreditation and holds a diploma therefrom.

      (d) Meets such other reasonable preliminary qualification requirements as the Board may from time to time prescribe.

      2.  Each applicant must remit the fee required by this chapter with the application for a license to practice as a professional nurse in this State.

      Sec. 27.5. NRS 632.150 is hereby amended to read as follows:

      632.150  1.  [Each] Except as otherwise provided in NRS 632.160, 632.237 and section 27.2 of this act, each applicant who is otherwise qualified for a license to practice nursing as a professional nurse shall be required to write and pass an examination on such subjects and in such form as the Board may from time to time determine. Such written examination may be supplemented by an oral or practical examination in the discretion of the Board.

      2.  The Board shall issue a license to practice nursing as a professional nurse in the State of Nevada to each applicant who successfully passes such examination or examinations.

      Sec. 27.6. NRS 632.237 is hereby amended to read as follows:

      632.237  1.  The Board may issue a license to practice as an advanced practice registered nurse to a registered nurse [who:] :

      (a) Who is licensed by endorsement pursuant to section 27.2 of this act and holds a corresponding valid and unrestricted license to practice as an advanced practice registered nurse in the District of Columbia or any other state or territory of the United States; or

      (b) Who

             (1) Has completed an educational program designed to prepare a registered nurse to:

             [(1)](I) Perform designated acts of medical diagnosis;

             [(2)](II) Prescribe therapeutic or corrective measures; and

             [(3)](III) Prescribe controlled substances, poisons, dangerous drugs and devices;

      [(b)](2) Except as otherwise provided in subsection 5, submits proof that he or she is certified as an advanced practice registered nurse by the American Board of Nursing Specialties, the National Commission for Certifying Agencies of the Institute for Credentialing Excellence, or their successor organizations, or any other nationally recognized certification agency approved by the Board; and

      [(c)](3) Meets any other requirements established by the Board for such licensure.

      2.  An advanced practice registered nurse may:

 


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ê2015 Statutes of Nevada, Page 3882 (Chapter 546, AB 89)ê

 

      (a) Engage in selected medical diagnosis and treatment; and

      (b) If authorized pursuant to NRS 639.2351 and subject to the limitations set forth in subsection 3, prescribe controlled substances, poisons, dangerous drugs and devices.

Ê An advanced practice registered nurse shall not engage in any diagnosis, treatment or other conduct which the advanced practice registered nurse is not qualified to perform.

      3.  An advanced practice registered nurse who is authorized to prescribe controlled substances, poisons, dangerous drugs and devices pursuant to NRS 639.2351 shall not prescribe a controlled substance listed in schedule II unless:

      (a) The advanced practice registered nurse has at least 2 years or 2,000 hours of clinical experience; or

      (b) The controlled substance is prescribed pursuant to a protocol approved by a collaborating physician.

      4.  An advanced practice registered nurse may perform the acts described in subsection 2 by using equipment that transfers information concerning the medical condition of a patient in this State electronically, telephonically or by fiber optics from within or outside this State or the United States.

      5.  The Board shall adopt regulations:

      (a) Specifying any additional training, education and experience necessary for licensure as an advanced practice registered nurse.

      (b) Delineating the authorized scope of practice of an advanced practice registered nurse.

      (c) Establishing the procedure for application for licensure as an advanced practice registered nurse.

      6.  The provisions of subparagraph (2) of paragraph (b) of subsection 1 do not apply to an advanced practice registered nurse who obtains a license before July 1, 2014.

      Sec. 27.7. NRS 632.270 is hereby amended to read as follows:

      632.270  [Each] Except as otherwise provided in section 27.3 of this act, each applicant for a license to practice as a practical nurse must submit to the Board written evidence, under oath, that the applicant:

      1.  Is of good moral character.

      2.  Has a high school diploma or its equivalent as determined by the State Board of Education.

      3.  Is at least 18 years of age.

      4.  Has:

      (a) Successfully completed the prescribed course of study in an accredited school of practical nursing or an accredited school of professional nursing, and been awarded a diploma by the school;

      (b) Successfully completed the prescribed course of study in an approved school of practical nursing in the process of obtaining accreditation or an approved school of professional nursing in the process of obtaining accreditation, and been awarded a diploma by the school; or

      (c) Been registered or licensed as a registered nurse under the laws of another jurisdiction.

      5.  Meets any other qualifications prescribed in regulations of the Board.

      Sec. 27.8. NRS 632.345 is hereby amended to read as follows:

      632.345  1.  The Board shall establish and may amend a schedule of fees and charges for the following items and within the following ranges:

 


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                                                                                       Not less       Not more

                                                                                             than                than

Application for license to practice professional nursing (registered nurse)    $45      $100

Application for license to practice practical nursing..... 30                   90

Application for temporary license to practice professional nursing or practical nursing pursuant to NRS 632.300, which fee must be credited toward the fee required for a regular license, if the applicant applies for a license................................................................... 15                   50

Application for a certificate to practice as a nursing assistant or medication aide - certified   15  50

Application for a temporary certificate to practice as a nursing assistant pursuant to NRS 632.300, which fee must be credited toward the fee required for a regular certificate, if the applicant applies for a certificate........................................................................................... 5                   40

Biennial fee for renewal of a license............................... 40                 100

Biennial fee for renewal of a certificate......................... 20                   50

Fee for reinstatement of a license.................................... 10                 100

Application for a license to practice as an advanced practice registered nurse  50  200

Application for recognition as a certified registered nurse anesthetist 50 200

Biennial fee for renewal of a license to practice as an advanced practice registered nurse or certified registered nurse anesthetist........................................................... 50                 200

Examination fee for license to practice professional nursing              20 100

Examination fee for license to practice practical nursing 10                90

Rewriting examination for license to practice professional nursing   20 100

Rewriting examination for license to practice practical nursing          10 90

Duplicate license.................................................................... 5                   30

Duplicate certificate.............................................................. 5                   30

Proctoring examination for candidate from another state                  25 150

Fee for approving one course of continuing education 10                   50

Fee for reviewing one course of continuing education which has been changed since approval    5    30

Annual fee for approval of all courses of continuing education offered      100      500

Annual fee for review of training program..................... 60                 100

Certification examination................................................. 10                   90

Approval of instructors of training programs................ 50                 100

 


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                                                                                       Not less       Not more

                                                                                             than                than

Approval of proctors for certification examinations. $20                 $50

Approval of training programs....................................... 150                 250

Validation of licensure or certification.............................. 5                   25

 

      2.  If an applicant submits an application for a license by endorsement pursuant to section 27.2 or 27.3 of this act, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license.

      3.  The Board may collect the fees and charges established pursuant to this section, and those fees or charges must not be refunded.

      Sec. 28. (Deleted by amendment.)

      Sec. 28.3. Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board may issue a license by endorsement to practice as a physician assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license to practice as a physician assistant in the District of Columbia or any state or territory of the United States;

      (b) Is certified in a specialty recognized by the American Board of Medical Specialties or the American Osteopathic Association; and

      (c) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license to practice as a physician assistant; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 633.309;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) The application and initial license fee specified in this chapter; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice as a physician assistant pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a physician assistant to the applicant not later than:

 


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approve the application and issue a license by endorsement to practice as a physician assistant to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

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

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a physician assistant in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 28.6. NRS 633.305 is hereby amended to read as follows:

      633.305  Except as otherwise provided in NRS 633.400 and section 28.3 of this act:

      1.  Every applicant for a license shall:

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

      (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 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 the Board has cause to believe that any credential or information submitted by the applicant is false, misleading, deceptive or fraudulent.

      Sec. 29. NRS 633.311 is hereby amended to read as follows:

      633.311  1.  Except as otherwise provided in NRS 633.315 [,] and 633.381 to 633.419, inclusive, an applicant for a license to practice osteopathic medicine may be issued a license by the Board if:

      [1.](a) The applicant is 21 years of age or older;

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

      [3.](c) The applicant is a graduate of a school of osteopathic medicine;

      [4.](d) The applicant:

      [(a)](1) Has graduated from a school of osteopathic medicine before 1995 and has completed:

             [(1)](I) A hospital internship; or

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

 


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      [(b)](2) 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)](3) 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.](e) The applicant applies for the license as provided by law;

      [6.](f) The applicant passes:

      [(a)](1) All parts of the licensing examination of the National Board of Osteopathic Medical Examiners;

      [(b)](2) All parts of the licensing examination of the Federation of State Medical Boards [of the United States, Inc.;

      (c)];

             (3) 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)](4) A combination of the parts of the licensing examinations specified in [paragraphs (a), (b) and (c)] subparagraphs (1), (2) and (3) that is approved by the Board;

      [7.](g) The applicant pays the fees provided for in this chapter; and

      [8.](h) The applicant submits all information required to complete an application for a license.

      2.  An applicant for a license to practice osteopathic medicine may satisfy the requirements for postgraduate education or training prescribed by paragraph (d) of subsection 1:

      (a) In one or more approved postgraduate programs, which may be conducted at one or more facilities in this State or, except for a resident who is enrolled in a postgraduate training program in this State pursuant to subparagraph (3) of paragraph (d) of subsection 1, in the District of Columbia or another state or territory of the United States;

      (b) In one or more approved specialties or disciplines;

      (c) In nonconsecutive months; and

      (d) At any time before receiving his or her license.

      Sec. 30. NRS 633.322 is hereby amended to read as follows:

      633.322  In addition to the other requirements for licensure to practice osteopathic medicine, an applicant shall cause to be submitted to the Board:

      1.  A certificate of completion of progressive postgraduate training from the residency program where the applicant received training; and

      2.  If applicable, proof of satisfactory completion of a postgraduate training program specified in subparagraph (3) of paragraph [(c)] (d) of subsection [4] 1 of NRS 633.311 within 120 days after the scheduled completion of the program.

      Sec. 30.5. 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

 


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      (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, 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 by endorsement pursuant to this section [shall pay in] must submit:

      (a) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 633.309;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (c) In advance to the Board the application and initial license fee specified in this chapter [.] ; and

      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice osteopathic medicine pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice osteopathic medicine to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  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.

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice osteopathic medicine in accordance with regulations adopted by the Board.

      Sec. 31. NRS 633.401 is hereby amended to read as follows:

      633.401  1.  [Except as otherwise provided in] Unless the Board denies such licensure pursuant to NRS 633.315 [,] or for other good cause, the Board [may] shall issue a special license to practice osteopathic medicine:

 


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      (a) To authorize a person who is licensed to practice osteopathic medicine in an adjoining state to come into Nevada to care for or assist in the treatment of his or her patients in association with an osteopathic physician in this State who has primary care of the patients.

      (b) To a resident while the resident is enrolled in a postgraduate training program required pursuant to the provisions of subparagraph (3) of paragraph [(c)] (d) of subsection [4] 1 of NRS 633.311.

      (c) Other than a license issued pursuant to NRS 633.419, for a specified period and for specified purposes to a person who is licensed to practice osteopathic medicine in another jurisdiction.

      2.  For the purpose of paragraph (c) of subsection 1, the osteopathic physician must:

      (a) Hold a full and unrestricted license to practice osteopathic medicine in another state;

      (b) Not have had any disciplinary or other action taken against him or her by any state or other jurisdiction; and

      (c) Be certified by a specialty board of the American Board of Medical Specialties, the American Osteopathic Association or their successors.

      3.  A special license issued under this section may be renewed by the Board upon application of the licensee.

      4.  Every person who applies for or renews a special license under this section shall pay respectively the special license fee or special license renewal fee specified in this chapter.

      Sec. 32. (Deleted by amendment.)

      Sec. 32.3.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 procedures deemed necessary by the Board for applications for and the issuance of initial licenses by endorsement pursuant to section 28.3 of this act.

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

      [5.]6.  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.]7.  The grounds and procedures respecting disciplinary actions against physician assistants.

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

      Sec. 32.6. NRS 633.501 is hereby amended to read as follows:

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

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

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

      (c) Temporary license fee............................................................................. 500

      (d) Special or authorized facility license fee............................................. 200

 


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      (e) Special event license fee....................................................................... $200

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

      (g) Reexamination fee.................................................................................. 200

      (h) Late payment fee.................................................................................... 300

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

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

      (k) Inactive license fee.................................................................................. 200

      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.

      4.  If an applicant submits an application for a license by endorsement pursuant to:

      (a) NRS 633.400 and is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license. As used in this paragraph, “veteran” has the meaning ascribed to it in NRS 417.005.

      (b) Section 28.3 of this act, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license.

      Sec. 33. Chapter 635 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board may issue a license by endorsement to practice podiatry to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice podiatry in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant holds a license to practice podiatry; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 635.067;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (d) Any other information required by the Board.

 


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      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice podiatry pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice podiatry to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement to practice podiatry may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice podiatry in accordance with regulations adopted by the Board.

      6.  If an applicant submits an application for a license by endorsement pursuant to this section and is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran, the Board shall collect not more than one-half of the fee established pursuant to NRS 635.050 for the initial issuance of the license. As used in this subsection, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 34. NRS 635.050 is hereby amended to read as follows:

      635.050  1.  Any person wishing to practice podiatry in this State must, before beginning to practice, procure from the Board a license to practice podiatry.

      2.  [A] Except as otherwise provided in section 33 of this act, a license to practice podiatry may be issued by the Board to any person who:

      (a) Is of good moral character.

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

      (c) Has received the degree of D.P.M., Doctor of Podiatric Medicine, from an accredited school of podiatry.

      (d) Has completed a residency approved by the Board.

      (e) Has passed the examination given by the National Board of Podiatric Medical Examiners.

      (f) Has not committed any act described in subsection 2 of NRS 635.130. For the purposes of this paragraph, an affidavit signed by the applicant stating that the applicant has not committed any act described in subsection 2 of NRS 635.130 constitutes satisfactory proof.

      3.  An applicant for a license to practice podiatry must submit to the Board or a committee thereof pursuant to such regulations as the Board may adopt:

      (a) The fee for an application for a license of not more than $600;

      (b) Proof satisfactory to the Board that the requirements of subsection 2 have been met; and

      (c) All other information required by the Board to complete an application for a license.

 


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Ê The Board shall, by regulation, establish the fee required to be paid pursuant to this subsection.

      4.  The Board may reject an application if it appears that the applicant’s credentials are fraudulent or the applicant has practiced podiatry without a license or committed any act described in subsection 2 of NRS 635.130.

      5.  The Board may require such further documentation or proof of qualification as it may deem proper.

      6.  The provisions of this section do not apply to a person who applies for:

      (a) A limited license to practice podiatry pursuant to NRS 635.075; or

      (b) A provisional license to practice podiatry pursuant to NRS 635.082.

      Sec. 35. NRS 635.065 is hereby amended to read as follows:

      635.065  1.  In addition to the other requirements for licensure set forth in this chapter, an applicant for a license to practice podiatry in this State who has been licensed to practice podiatry in another state or the District of Columbia must submit:

      (a) An affidavit signed by the applicant that:

             (1) Identifies each jurisdiction in which the applicant has been licensed to practice; and

             (2) States whether a disciplinary proceeding has ever been instituted against the applicant by the licensing board of that jurisdiction and, if so, the status of the proceeding; and

      (b) If the applicant is currently licensed to practice podiatry in another state or the District of Columbia, a certificate from the licensing board of that jurisdiction stating that the applicant is in good standing and no disciplinary proceedings are pending against the applicant.

      2.  [The] Except as otherwise provided in section 33 of this act, the Board may require an applicant who has been licensed to practice podiatry in another state or the District of Columbia to:

      (a) Pass an examination prescribed by the Board concerning the provisions of this chapter and any regulations adopted pursuant thereto; or

      (b) Submit satisfactory proof that:

             (1) The applicant maintained an active practice in another state or the District of Columbia within the 5 years immediately preceding the application;

             (2) No disciplinary proceeding has ever been instituted against the applicant by a licensing board in any jurisdiction in which he or she is licensed to practice podiatry; and

             (3) The applicant has participated in a program of continuing education that is equivalent to the program of continuing education that is required pursuant to NRS 635.115 for podiatric physicians licensed in this State.

      Sec. 36. (Deleted by amendment.)

      Sec. 36.5. Chapter 636 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board may issue a license by endorsement to practice optometry to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license to practice optometry in the District of Columbia or any state or territory of the United States; and

 


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      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant holds a license to practice optometry; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (c) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice optometry pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice optometry to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.

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

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice optometry in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 37. (Deleted by amendment.)

      Sec. 37.3. NRS 636.143 is hereby amended to read as follows:

      636.143  1.  The Board shall establish within the limits prescribed a schedule of fees for the following purposes:

 

                                                                    Not less than        Not more than

 

Examination......................................................... $100                         $500

Reexamination....................................................... 100                           500

Issuance of each license or duplicate license....... 35                             75

Renewal of each license or duplicate license..... 100                           500

Issuance of a license for an extended clinical facility                        100 500

Issuance of a replacement renewal card for a license                          10 50

 


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      2.  If an applicant submits an application for a license by endorsement pursuant to section 36.5 of this act, the Board shall collect not more than one-half of the fee established pursuant to subsection 1 for the initial issuance of the license.

      Sec. 38. NRS 636.150 is hereby amended to read as follows:

      636.150  [Any] Except as otherwise provided in section 36.5 of this act, any person applying for a license to practice optometry in this State must:

      1.  File proof of his or her qualifications;

      2.  Make application for an examination;

      3.  Take and pass the examination;

      4.  Pay the prescribed fees; and

      5.  Verify that all the information he or she has provided to the Board or to any other entity pursuant to the provisions of this chapter is true and correct.

      Sec. 39. NRS 636.155 is hereby amended to read as follows:

      636.155  [An] Except as otherwise provided in section 36.5 of this act, an applicant must file with the Executive Director satisfactory proof that the applicant:

      1.  Is at least 21 years of age;

      2.  Is a citizen of the United States or is lawfully entitled to reside and work in this country;

      3.  Is of good moral character;

      4.  Has been certified or recertified as completing a course of cardiopulmonary resuscitation within the 12-month period immediately preceding the examination for licensure; and

      5.  Has graduated from a school of optometry accredited by the established professional agency and the Board, maintaining a standard of 6 college years, and including, as a prerequisite to admission to the courses in optometry, at least 2 academic years of study in a college of arts and sciences accredited by the Association of American Universities or a similar regional accrediting agency.

      Sec. 40. NRS 636.215 is hereby amended to read as follows:

      636.215  The Board shall execute a license for each person who has satisfied the requirements of NRS 636.150 or section 36.5 of this act and submitted all information required to complete an application for a license. A license must:

      1.  Certify that the licensee has been examined and found qualified to practice optometry in this State; and

      2.  Be signed by each member of the Board.

      Sec. 41. Chapter 637B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board may issue a license by endorsement to engage in the practice of audiology or speech pathology to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license to engage in the practice of audiology or speech pathology, as applicable, in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

 


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      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant holds a license to engage in the practice of audiology or speech pathology, as applicable; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (c) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to engage in the practice of audiology or speech pathology pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to engage in the practice of audiology or speech pathology, as applicable, to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.

      4.  A license by endorsement to engage in the practice of audiology or speech pathology may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to engage in the practice of audiology or speech pathology, as applicable, in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 42. NRS 637B.160 is hereby amended to read as follows:

      637B.160  1.  [An] Except as otherwise provided in section 41 of this act, an applicant for a license to engage in the practice of audiology or speech pathology must be issued a license by the Board if the applicant:

      (a) Is over the age of 21 years;

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

      (c) Is of good moral character;

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

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

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

      (g) Passes any examination required by this chapter;

      (h) Pays the fees provided for in this chapter; and

      (i) Submits all information required to complete an application for a license.

 


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

      Sec. 43. NRS 637B.230 is hereby amended to read as follows:

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

 

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

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

Annual fee for the renewal of a license.................................................. 50

Reinstatement fee....................................................................................... 75

 

      2.  If an applicant submits an application for a license by endorsement pursuant to section 41 of this act, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license.

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

      Sec. 44. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 45 and 46 of this act.

      Sec. 45. 1.  The Board may issue a certificate by endorsement as a registered pharmacist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant:

      (a) Holds a corresponding valid and unrestricted certificate as a registered pharmacist in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a certificate as a registered pharmacist; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (c) Any other information required by the Board.

 


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      3.  Not later than 15 business days after receiving an application for a certificate by endorsement as a registered pharmacist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as a registered pharmacist to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.

      4.  A certificate by endorsement as a registered pharmacist may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Board may grant a provisional certificate as a registered pharmacist to an applicant in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 46. 1.  The Board may issue a license by endorsement to conduct a pharmacy to an applicant who is a natural person and who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license to conduct a pharmacy in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license to conduct a pharmacy; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (c) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to conduct a pharmacy pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to conduct a pharmacy to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.

 


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      4.  A license by endorsement to conduct a pharmacy may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license to conduct a pharmacy to an applicant in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 47. NRS 639.015 is hereby amended to read as follows:

      639.015  “Registered pharmacist” means:

      1.  A person registered in this State as such on July 1, 1947;

      2.  A person registered in this State as such in compliance with the provisions of paragraph (c) of section 3 of chapter 195, Statutes of Nevada 1951; or

      3.  A person who has complied with the provisions of NRS 639.120 , 639.134 or section 45 of this act and whose name has been entered in the registry of pharmacists of this State by the Executive Secretary of the Board and to whom a valid certificate or certificate by endorsement as a registered pharmacist or valid renewal thereof has been issued by the Board.

      Sec. 48. NRS 639.120 is hereby amended to read as follows:

      639.120  1.  [An] Except as otherwise provided in NRS 639.134 and section 45 of this act, an applicant to become a registered pharmacist in this State must:

      (a) Be of good moral character.

      (b) Be a graduate of a college of pharmacy or department of pharmacy of a university accredited by the Accreditation Council for Pharmacy Education or Canadian Council for Accreditation of Pharmacy Programs and approved by the Board or a graduate of a foreign school who has passed an examination for foreign graduates approved by the Board to demonstrate that his or her education is equivalent.

      (c) Except as otherwise provided in NRS 622.090:

             (1) Pass an examination approved and given by the Board with a grade of at least 75 on the examination as a whole and a grade of at least 75 on the examination on law.

             (2) If he or she is an applicant for registration by reciprocity, pass the examination on law with at least a grade of 75.

      (d) Complete not less than 1,500 hours of practical pharmaceutical experience as an intern pharmacist under the direct and immediate supervision of a registered pharmacist.

      2.  The practical pharmaceutical experience required pursuant to paragraph (d) of subsection 1 must relate primarily to the selling of drugs, poisons and devices, the compounding and dispensing of prescriptions, preparing prescriptions and keeping records and preparing reports required by state and federal statutes.

      3.  The Board may accept evidence of compliance with the requirements set forth in paragraph (d) of subsection 1 from boards of pharmacy of other states in which the experience requirement is equivalent to the requirements in this State.

      Sec. 49. NRS 639.127 is hereby amended to read as follows:

      639.127  1.  An applicant for registration as a pharmacist in this State must submit an application to the Executive Secretary of the Board on a form furnished by the Board and must pay the fee fixed by the Board.

 


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ê2015 Statutes of Nevada, Page 3898 (Chapter 546, AB 89)ê

 

furnished by the Board and must pay the fee fixed by the Board. The fee must be paid at the time the application is submitted and is compensation to the Board for the investigation and the examination of the applicant. Under no circumstances may the fee be refunded.

      2.  Proof of the qualifications of any applicant must be made to the satisfaction of the Board and must be substantiated by affidavits, records or such other evidence as the Board may require.

      3.  An application is only valid for 1 year after the date it is received by the Board unless the Board extends its period of validity.

      4.  A certificate of registration as a pharmacist must be issued to each person who the Board determines is qualified pursuant to the provisions of NRS 639.120 and 639.134 [.] and section 45 of this act. The certificate entitles the person to whom it is issued to practice pharmacy in this State.

      Sec. 50. NRS 639.170 is hereby amended to read as follows:

      639.170  1.  The Board shall charge and collect not more than the following fees for the following services:

 

For the examination of an applicant for registration as a pharmacist    Actual cost

                                                                                                            of the

                                                                                                                   examination

For the investigation or registration of an applicant as a registered pharmacist $200

For the investigation, examination or registration of an applicant as a registered pharmacist by reciprocity 300

For the investigation or issuance of an original license to conduct a retail pharmacy   600

For the biennial renewal of a license to conduct a retail pharmacy 500

For the investigation or issuance of an original license to conduct an institutional pharmacy 600

For the biennial renewal of a license to conduct an institutional pharmacy 500

For the issuance of an original or duplicate certificate of registration as a registered pharmacist  50

For the biennial renewal of registration as a registered pharmacist. 200

For the reinstatement of a lapsed registration (in addition to the fees for renewal for the period of lapse)     100

For the initial registration of a pharmaceutical technician or pharmaceutical technician in training   50

For the biennial renewal of registration of a pharmaceutical technician or pharmaceutical technician in training    50

For the investigation or registration of an intern pharmacist.............. 50

For the biennial renewal of registration as an intern pharmacist....... 40

 


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ê2015 Statutes of Nevada, Page 3899 (Chapter 546, AB 89)ê

 

For investigation or issuance of an original license to a manufacturer or wholesaler    $500

For the biennial renewal of a license for a manufacturer or wholesaler 500

For the reissuance of a license issued to a pharmacy, when no change of ownership is involved, but the license must be reissued because of a change in the information required thereon     100

For authorization of a practitioner to dispense controlled substances or dangerous drugs, or both     300

For the biennial renewal of authorization of a practitioner to dispense controlled substances or dangerous drugs, or both...................................................................................................... 300

 

      2.  If an applicant submits an application for a certificate of registration or a license by endorsement pursuant to section 45 or 46 of this act, as applicable, the Board shall collect not more than one-half of the fee set forth in subsection 1, respectively, for:

      (a) The initial registration and issuance of an original certificate of registration as a registered pharmacist.

      (b) The issuance of an original license to conduct a retail or an institutional pharmacy.

      3.  If a person requests a special service from the Board or requests the Board to convene a special meeting, the person must pay the actual costs to the Board as a condition precedent to the rendition of the special service or the convening of the special meeting.

      [3.]4.  All fees are payable in advance and are not refundable.

      [4.]5.  The Board may, by regulation, set the penalty for failure to pay the fee for renewal for any license, permit, authorization or certificate within the statutory period, at an amount not to exceed 100 percent of the fee for renewal for each year of delinquency in addition to the fees for renewal for each year of delinquency.

      Sec. 51. NRS 639.231 is hereby amended to read as follows:

      639.231  1.  An application to conduct a pharmacy must be made on a form furnished by the Board and must state the name, address, usual occupation and professional qualifications, if any, of the applicant. If the applicant is other than a natural person, the application must state such information as to each person beneficially interested therein.

      2.  As used in subsection 1, and subject to the provisions of subsection 3, the term “person beneficially interested” means:

      (a) If the applicant is a partnership or other unincorporated association, each partner or member.

      (b) If the applicant is a corporation, each of its officers, directors and stockholders, provided that no natural person shall be deemed to be beneficially interested in a nonprofit corporation.

      3.  If the applicant is a partnership, unincorporated association or corporation and the number of partners, members or stockholders, as the case may be, exceeds four, the application must so state, and must list each of the four partners, members or stockholders who own the four largest interests in the applicant entity and state their percentages of interest. Upon request of the Executive Secretary of the Board, the applicant shall furnish the Board with information as to partners, members or stockholders not named in the application or shall refer the Board to an appropriate source of such information.

 


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with information as to partners, members or stockholders not named in the application or shall refer the Board to an appropriate source of such information.

      4.  The completed application form must be returned to the Board with the fee prescribed by the Board, which may not be refunded. [Any] Except as otherwise provided in section 46 of this act, any application which is not complete as required by the provisions of this section may not be presented to the Board for consideration.

      5.  [Upon] Except as otherwise provided in section 46 of this act, upon compliance with all the provisions of this section and upon approval of the application by the Board, the Executive Secretary shall issue a license to the applicant to conduct a pharmacy. Any other provision of law notwithstanding, such a license authorizes the holder to conduct a pharmacy and to sell and dispense drugs and poisons and devices and appliances that are restricted by federal law to sale by or on the order of a physician.

      Sec. 52. Chapter 640 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board may issue a license by endorsement as a physical therapist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license as a physical therapist in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as a physical therapist; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 640.090;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) A fee in the amount set by a regulation of the Board pursuant to paragraph (c) of subsection 1 of NRS 640.090 for an application for a license; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement as a physical therapist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as a physical therapist to the applicant not later than:

 


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ê2015 Statutes of Nevada, Page 3901 (Chapter 546, AB 89)ê

 

Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as a physical therapist to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement as a physical therapist may be issued at a meeting of the Board or between its meetings by the Chair of the Board. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a physical therapist in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 53. NRS 640.080 is hereby amended to read as follows:

      640.080  [To] Except as otherwise provided in section 52 of this act, to be eligible for licensure by the Board as a physical therapist, an applicant must:

      1.  Be of good moral character;

      2.  Have graduated from a school in which he or she completed a curriculum of physical therapy approved by the Board; and

      3.  Pass to the satisfaction of the Board an examination designated by the Board, unless he or she is entitled to licensure without examination as provided in NRS 640.120 or 640.140.

      Sec. 54. NRS 640.090 is hereby amended to read as follows:

      640.090  1.  Unless he or she is entitled to licensure under NRS 640.120 or 640.140, or section 52 of this act, a person who desires to be licensed as a physical therapist must:

      [1.](a) Apply to the Board, in writing, on a form furnished by the Board;

      [2.](b) Include in the application evidence, under oath, satisfactory to the Board, that the person possesses the qualifications required by NRS 640.080 other than having passed the examination;

      [3.](c) Pay to the Board at the time of filing the application a fee set by a regulation of the Board in an amount not to exceed $300;

      [4.](d) Submit to the Board with the application a complete set of fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      [5.](e) Submit other documentation and proof the Board may require; and

      [6.](f) Submit all other information required to complete the application.

      2.  If an applicant submits an application for a license by endorsement pursuant to section 52 of this act, the Board shall collect not more than one-half of the fee specified in paragraph (c) of subsection 1 for the initial issuance of the license.

 


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      Sec. 55. Chapter 640A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board may issue a license by endorsement as an occupational therapist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license as an occupational therapist in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as an occupational therapist; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (c) A fee in the amount set by a regulation of the Board pursuant to NRS 640A.190 for the initial issuance of a license; and

      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement as an occupational therapist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as an occupational therapist to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.

      4.  A license by endorsement as an occupational therapist may be issued at a meeting of the Board or between its meetings by the Chair of the Board. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as an occupational therapist in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 56. NRS 640A.120 is hereby amended to read as follows:

      640A.120  [To] Except as otherwise provided in section 55 of this act, to be eligible for licensing by the Board as an occupational therapist or occupational therapy assistant, an applicant must:

 


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ê2015 Statutes of Nevada, Page 3903 (Chapter 546, AB 89)ê

 

      1.  Be a natural person of good moral character.

      2.  Except as otherwise provided in NRS 640A.130, have satisfied the academic requirements of an educational program approved by the Board. The Board shall not approve an educational program designed to qualify a person to practice as an occupational therapist or an occupational therapy assistant unless the program is accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association, Inc., or its successor organization.

      3.  Except as otherwise provided in NRS 640A.130, have successfully completed:

      (a) If the application is for licensing as an occupational therapist, 24 weeks; or

      (b) If the application is for licensing as an occupational therapy assistant, 16 weeks,

Ê of supervised fieldwork experience approved by the Board. The Board shall not approve any supervised experience unless the experience was sponsored by the American Occupational Therapy Association, Inc., or its successor organization, or the educational institution at which the applicant satisfied the requirements of subsection 2.

      4.  Except as otherwise provided in NRS 640A.160 and 640A.170, pass an examination approved by the Board.

      Sec. 57. NRS 640A.140 is hereby amended to read as follows:

      640A.140  1.  [A] Except as otherwise provided in section 55 of this act, a person who desires to be licensed by the Board as an occupational therapist or occupational therapy assistant must:

      (a) Submit an application to the Board on a form furnished by the Board; and

      (b) Provide evidence satisfactory to the Board that he or she possesses the qualifications required pursuant to subsections 1, 2 and 3 of NRS 640A.120.

      2.  The application must include all information required to complete the application.

      Sec. 58. NRS 640A.190 is hereby amended to read as follows:

      640A.190  1.  The Board may by regulation establish reasonable fees for:

      (a) The examination of an applicant for a license;

      (b) The initial issuance of a license;

      (c) The issuance of a temporary license;

      (d) The renewal of a license; and

      (e) The late renewal of a license.

      2.  [The] If an applicant submits an application for a license by endorsement pursuant to section 55 of this act, the Board shall collect not more than one-half of the fee established pursuant to subsection 1 for the initial issuance of the license.

      3.  Except as otherwise provided in subsection 2, the fees must be set in such an amount as to reimburse the Board for the cost of carrying out the provisions of this chapter.

      Sec. 59. Chapter 640C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board may issue a license by endorsement to practice massage therapy to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

 


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ê2015 Statutes of Nevada, Page 3904 (Chapter 546, AB 89)ê

 

      (a) Holds a corresponding valid and unrestricted license to practice massage therapy in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license to practice massage therapy; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 640C.400;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) The fees prescribed by the Board pursuant to NRS 640C.520 for the application for and initial issuance of a license; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice massage therapy pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice massage therapy to the applicant not later than:

      (a) Forty-five days after receiving all additional the information required by the Board to complete the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement to practice massage therapy may be issued at a meeting of the Board or between its meetings by the Chair and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a license by endorsement, the Board may grant a provisional license authorizing an applicant to practice as a massage therapist in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 60. NRS 640C.400 is hereby amended to read as follows:

      640C.400  1.  The Board may issue a license to practice massage therapy.

      2.  An applicant for a license must:

 


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ê2015 Statutes of Nevada, Page 3905 (Chapter 546, AB 89)ê

 

      (a) Be at least 18 years of age;

      (b) [Submit] Except as otherwise provided in section 59 of this act, submit to the Board:

             (1) A completed application on a form prescribed by the Board;

             (2) The fees prescribed by the Board pursuant to NRS 640C.520;

             (3) Proof that the applicant has successfully completed a program of massage therapy recognized by the Board;

             (4) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice massage therapy verifying that:

                   (I) The applicant has not been involved in any disciplinary action relating to his or her license to practice massage therapy; and

                   (II) Disciplinary proceedings relating to his or her license to practice massage therapy are not pending;

             (5) Except as otherwise provided in NRS 640C.440, 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;

             (6) The names and addresses of five natural persons not related to the applicant and not business associates of the applicant who are willing to serve as character references;

             (7) A statement authorizing the Board or its designee to conduct an investigation to determine the accuracy of any statements set forth in the application; and

             (8) If required by the Board, a financial questionnaire; and

      (c) In addition to any examination required pursuant to NRS 640C.320 [:] and except as otherwise provided in section 59 of this act:

             (1) Except as otherwise provided in subsection 3, pass a written examination administered by any board that is accredited by the National Commission for Certifying Agencies, or its successor organization, to examine massage therapists; or

             (2) At the applicant’s discretion and in lieu of a written examination, pass an oral examination prescribed by the Board.

      3.  If the Board determines that the examinations being administered pursuant to subparagraph (1) of paragraph (c) of subsection 2 are inadequately testing the knowledge and competency of applicants, the Board shall prepare or cause to be prepared its own written examination to test the knowledge and competency of applicants. Such an examination must be offered not less than four times each year. The location of the examination must alternate between Clark County and Washoe County. Upon request, the Board must provide a list of approved interpreters at the location of the examination to interpret the examination for an applicant who, as determined by the Board, requires an interpreter for the examination.

      4.  The Board shall recognize a program of massage therapy that is:

      (a) Approved by the Commission on Postsecondary Education; or

      (b) Offered by a public college in this State or any other state.

Ê The Board may recognize other programs of massage therapy.

      5.  [The] Except as otherwise provided in section 59 of this act, the Board or its designee shall:

 


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      (a) Conduct an investigation to determine:

             (1) The reputation and character of the applicant;

             (2) The existence and contents of any record of arrests or convictions of the applicant;

             (3) The existence and nature of any pending litigation involving the applicant that would affect his or her suitability for licensure; and

             (4) The accuracy and completeness of any information submitted to the Board by the applicant;

      (b) If the Board determines that it is unable to conduct a complete investigation, require the applicant to submit a financial questionnaire and investigate the financial background and each source of funding of the applicant;

      (c) Report the results of the investigation of the applicant within the period the Board establishes by regulation pursuant to NRS 640C.320; and

      (d) Except as otherwise provided in NRS 239.0115, maintain the results of the investigation in a confidential manner for use by the Board and its members and employees in carrying out their duties pursuant to this chapter. The provisions of this paragraph do not prohibit the Board or its members or employees from communicating or cooperating with or providing any documents or other information to any other licensing board or any other federal, state or local agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 61. NRS 640C.520 is hereby amended to read as follows:

      640C.520  1.  The Board shall establish a schedule of fees and charges. The fees for the following items must not exceed the following amounts:

 

An examination established by the Board pursuant to this chapter $600

An application for a license.................................................................... 300

An application for a license without an examination........................ 300

A background check of an applicant................................................... 600

The issuance of a license......................................................................... 400

The renewal of a license.......................................................................... 200

The restoration of an expired license.................................................... 500

The reinstatement of a suspended or revoked license....................... 500

The issuance of a replacement license.................................................... 75

The restoration of an inactive license................................................... 300

 

      2.  If an applicant submits an application for a license by endorsement pursuant to section 59 of this act, the Board shall collect not more than one-half of the fee specified in subsection 1 for the initial issuance of the license.

      3.  The total fees collected by the Board pursuant to this section must not exceed the amount of money necessary for the operation of the Board and for the maintenance of an adequate reserve.

      Sec. 62. Chapter 641 of NRS is hereby amended by adding thereto the provisions set forth as sections 63 and 64 of this act.

      Sec. 63. 1.  The Board may issue a license by endorsement as a psychologist or behavior analyst to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

 


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      (a) Holds a corresponding valid and unrestricted license as a psychologist or behavior analyst, as applicable, in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as a psychologist or behavior analyst, as applicable; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641.160;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) The fee prescribed by the Board pursuant to NRS 641.370 for the issuance of an initial license; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement as a psychologist or behavior analyst pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as a psychologist or behavior analyst, as applicable, to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement as a psychologist or behavior analyst may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a psychologist or behavior analyst, as applicable, in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 64. 1.  The Board may issue a certificate by endorsement as an autism behavior interventionist to an applicant who meets the requirements set forth in this section.

 


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set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant:

      (a) Holds a corresponding valid and unrestricted certificate as an autism behavior interventionist in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a certificate as an autism behavior interventionist; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (c) The fee prescribed by the Board pursuant to NRS 641.370 for the issuance of an initial certificate; and

      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a certificate by endorsement as an autism behavior interventionist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as an autism behavior interventionist to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.

      4.  A certificate by endorsement as an autism behavior interventionist may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Board may grant a provisional certificate authorizing an applicant to practice as an autism behavior interventionist in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 65. NRS 641.170 is hereby amended to read as follows:

      641.170  1.  [Each] Except as otherwise provided in section 63 of this act, each application for licensure as a psychologist must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 21 years of age.

      (b) Is of good moral character as determined by the Board.

 


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

      (d) Has earned a doctorate in psychology from an accredited educational institution approved by the Board, or has other doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training.

      (e) Has at least 2 years of experience satisfactory to the Board, 1 year of which must be postdoctoral experience in accordance with the requirements established by regulations of the Board.

      2.  [Each] Except as otherwise provided in section 63 of this act, each application for licensure as a behavior analyst must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 21 years of age.

      (b) Is of good moral character as determined by the Board.

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

      (d) Has earned a master’s degree from an accredited college or university in a field of social science or special education and holds a current certification as a Board Certified Behavior Analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

      (e) Has completed other education, training or experience in accordance with the requirements established by regulations of the Board.

      (f) Has completed satisfactorily a written examination in Nevada law and ethical practice as administered by the Board.

      3.  Each application for licensure as an assistant behavior analyst must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 21 years of age.

      (b) Is of good moral character as determined by the Board.

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

      (d) Has earned a bachelor’s degree from an accredited college or university in a field of social science or special education approved by the Board and holds a current certification as a Board Certified Behavior Analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

      (e) Has completed other education, training or experience in accordance with the requirements established by regulations of the Board.

      (f) Has completed satisfactorily a written examination in Nevada law and ethical practice as administered by the Board.

      4.  [Within] Except as otherwise provided in section 63 of this act, within 120 days after receiving an application and the accompanying evidence from an applicant, the Board shall:

      (a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for licensure; and

      (b) Issue a written statement to the applicant of its determination.

      5.  The written statement issued to the applicant pursuant to subsection 4 must include:

      (a) If the Board determines that the qualifications of the applicant are insufficient for licensure, a detailed explanation of the reasons for that determination.

      (b) If the applicant for licensure as a psychologist has not earned a doctorate in psychology from an accredited educational institution approved by the Board and the Board determines that the doctorate-level training from an accredited educational institution is not equivalent in subject matter and extent of training, a detailed explanation of the reasons for that determination.

 


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by the Board and the Board determines that the doctorate-level training from an accredited educational institution is not equivalent in subject matter and extent of training, a detailed explanation of the reasons for that determination.

      Sec. 66. NRS 641.172 is hereby amended to read as follows:

      641.172  1.  [Each] Except as otherwise provided in section 64 of this act, each application for certification as an autism behavior interventionist must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 18 years of age.

      (b) Is of good moral character as determined by the Board.

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

      (d) Has completed satisfactorily a written examination in Nevada law and ethical practice as administered by the Board.

      (e) Has completed satisfactorily a standardized practical examination developed and approved by the Board. The examination must be conducted by the applicant’s supervisor, who shall make a videotape or other audio and visual recording of the applicant’s performance of the examination for submission to the Board. The Board may review the recording as part of its evaluation of the applicant’s qualifications.

      2.  [Within] Except as otherwise provided in section 64 of this act, within 120 days after receiving an application and the accompanying evidence from an applicant, the Board shall:

      (a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for certification as an autism behavior interventionist; and

      (b) Issue a written statement to the applicant of its determination.

      3.  If the Board determines that the qualifications of the applicant are insufficient for certification, the written statement issued to the applicant pursuant to subsection 2 must include a detailed explanation of the reasons for that determination.

      Sec. 67. NRS 641.180 is hereby amended to read as follows:

      641.180  1.  Except as otherwise provided in this section and NRS 641.190, and section 63 of this act, each applicant for a license as a psychologist must pass the national examination. In addition to the national examination, the Board may require an examination in whatever applied or theoretical fields it deems appropriate.

      2.  The Board shall notify each applicant of the results of the national examination and any other examination required pursuant to subsection 1.

      3.  The Board may waive the requirement of the national examination for a person who:

      (a) Is licensed in another state;

      (b) Has at least 10 years’ experience; and

      (c) Is a diplomate in the American Board of Professional Psychology or a fellow in the American Psychological Association, or who has other equivalent status as determined by the Board.

      Sec. 68. NRS 641.370 is hereby amended to read as follows:

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

 


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

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

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

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

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

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

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

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

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

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

 

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

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

      4.  [In] Except as otherwise provided in subsection 5, in addition to the fees set forth in subsection 1, the Board may charge and collect a fee for the expedited processing of a request or for any other incidental service it provides. The fee must not exceed the cost to provide the service.

      5.  If an applicant submits an application for a license or certificate by endorsement pursuant to section 63 or 64 of this act, as applicable, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license or certificate.

      Sec. 69. Chapter 641A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board may issue a license by endorsement to practice as a marriage and family therapist or clinical professional counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license as a marriage and family therapist or clinical professional counselor, as applicable, in the District of Columbia or any state or territory of the United States; and

 


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      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as a marriage and family therapist or clinical professional counselor, as applicable; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (c) The fees prescribed by the Board pursuant to NRS 641A.290 for the application for and initial issuance of a license; and

      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice as a marriage and family therapist or clinical professional counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a marriage and family therapist or clinical professional counselor, as applicable, to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.

      4.  A license by endorsement to practice as a marriage and family therapist or clinical professional counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a marriage and family therapist or clinical professional counselor, as applicable, in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 70. NRS 641A.220 is hereby amended to read as follows:

      641A.220  [Each] Except as otherwise provided in section 69 of this act, each applicant for a license to practice as a marriage and family therapist must furnish evidence satisfactory to the Board that the applicant:

      1.  Is at least 21 years of age;

      2.  Is of good moral character;

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

      4.  Has completed residency training in psychiatry from an accredited institution approved by the Board, has a graduate degree in marriage and family therapy, psychology or social work from an accredited institution approved by the Board or has completed other education and training which is deemed equivalent by the Board;

 


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family therapy, psychology or social work from an accredited institution approved by the Board or has completed other education and training which is deemed equivalent by the Board;

      5.  Has:

      (a) At least 2 years of postgraduate experience in marriage and family therapy; and

      (b) At least 3,000 hours of supervised experience in marriage and family therapy, of which at least 1,500 hours must consist of direct contact with clients; and

      6.  Holds an undergraduate degree from an accredited institution approved by the Board.

      Sec. 71. NRS 641A.230 is hereby amended to read as follows:

      641A.230  1.  Except as otherwise provided in subsection 2 [,] and section 69 of this act, each qualified applicant for a license to practice as a marriage and family therapist must pass a written examination given by the Board on his or her knowledge of marriage and family therapy. Examinations must be given at a time and place and under such supervision as the Board may determine.

      2.  The Board shall accept receipt of a passing grade by a qualified applicant on the national examination sponsored by the Association of Marital and Family Therapy Regulatory Boards in lieu of requiring a written examination pursuant to subsection 1.

      3.  In addition to the requirements of subsections 1 and 2, the Board may require an oral examination. The Board may examine applicants in whatever applied or theoretical fields it deems appropriate.

      Sec. 72. NRS 641A.231 is hereby amended to read as follows:

      641A.231  [Each] Except as otherwise provided in section 69 of this act, each applicant for a license to practice as a clinical professional counselor must furnish evidence satisfactory to the Board that the applicant:

      1.  Is at least 21 years of age;

      2.  Is of good moral character;

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

      4.  Has:

      (a) Completed residency training in psychiatry from an accredited institution approved by the Board;

      (b) A graduate degree from a program approved by the Council for Accreditation of Counseling and Related Educational Programs as a program in mental health counseling or community counseling; or

      (c) An acceptable degree as determined by the Board which includes the completion of a practicum and internship in mental health counseling which was taken concurrently with the degree program and was supervised by a licensed mental health professional; and

      5.  Has:

      (a) At least 2 years of postgraduate experience in professional counseling;

      (b) At least 3,000 hours of supervised experience in professional counseling which includes, without limitation:

             (1) At least 1,500 hours of direct contact with clients; and

             (2) At least 100 hours of counseling under the direct supervision of an approved supervisor of which at least 1 hour per week was completed for each work setting at which the applicant provided counseling; and

 


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      (c) Passed the National Clinical Mental Health Counseling Examination which is administered by the National Board for Certified Counselors.

      Sec. 73. NRS 641A.290 is hereby amended to read as follows:

      641A.290  1.  The Board shall charge and collect not more than the following fees, respectively:

 

For application for a license................................................................... $75

For examination of an applicant for a license.................................... 200

For issuance of a license............................................................................ 50

For annual renewal of a license............................................................. 150

For reinstatement of a license revoked for nonpayment of the fee for renewal       100

For an inactive license............................................................................. 150

 

      2.  If an applicant submits an application for a license by endorsement pursuant to section 69 of this act, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license.

      Sec. 74. Chapter 641B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board may issue a license by endorsement to engage in social work to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license to engage in social work in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license to engage in social work;

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States; and

             (5) Is currently engaged in social work under the license held required by paragraph (a) of subsection 1;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641B.202;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to engage in social work pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to engage in social work to the applicant not later than:

 


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Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to engage in social work to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement to engage in social work may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to engage in social work in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 75. NRS 641B.250 is hereby amended to read as follows:

      641B.250  1.  Except as otherwise provided in NRS 641B.270 and 641B.275, and section 74 of this act, before the issuance of a license, each applicant, otherwise eligible for licensure, who has paid the fee and presented the required credentials, other than an applicant for a license to engage in social work as an associate in social work, must appear personally and pass an examination concerning his or her knowledge of the practice of social work.

      2.  Any such examination must be fair and impartial, practical in character with questions designed to discover the applicant’s fitness.

      3.  The Board may employ specialists and other professional consultants or examining services in conducting the examination.

      4.  The member of the Board who is the representative of the general public shall not participate in the grading of the examination.

      5.  The Board shall examine applicants for licensure at least twice a year.

      Sec. 76. NRS 641B.300 is hereby amended to read as follows:

      641B.300  1.  The Board shall charge and collect fees not to exceed the following amounts for:

 

Initial application..................................................................................... $40

Provisional license....................................................................................... 75

Initial issuance of a license..................................................................... 100

Annual renewal of a license.................................................................... 150

Restoration of a suspended license or reinstatement of a revoked license   150

Restoration of an expired license.......................................................... 200

Renewal of a delinquent license............................................................ 100

Reciprocal license without examination.............................................. 100

 

      2.  If an applicant submits an application for a license by endorsement pursuant to section 74 of this act, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license.

 


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ê2015 Statutes of Nevada, Page 3916 (Chapter 546, AB 89)ê

 

      Sec. 77. Chapter 641C of NRS is hereby amended by adding thereto the provisions set forth as sections 78 to 82, inclusive, of this act.

      Sec. 78. 1.  The Board may issue a license by endorsement as a clinical alcohol and drug abuse counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license as a clinical alcohol and drug abuse counselor in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as a clinical alcohol and drug abuse counselor; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641C.260;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial license; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement as a clinical alcohol and drug abuse counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as a clinical alcohol and drug abuse counselor to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement as a clinical alcohol and drug abuse counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a clinical alcohol and drug abuse counselor in accordance with regulations adopted by the Board.

 


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ê2015 Statutes of Nevada, Page 3917 (Chapter 546, AB 89)ê

 

provisional license authorizing an applicant to practice as a clinical alcohol and drug abuse counselor in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 79. 1.  The Board may issue a license by endorsement as an alcohol and drug abuse counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license as an alcohol and drug abuse counselor in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as an alcohol and drug abuse counselor; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641C.260;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial license; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement as an alcohol and drug abuse counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as an alcohol and drug abuse counselor to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement as an alcohol and drug abuse counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as an alcohol and drug abuse counselor in accordance with regulations adopted by the Board.

 


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ê2015 Statutes of Nevada, Page 3918 (Chapter 546, AB 89)ê

 

provisional license authorizing an applicant to practice as an alcohol and drug abuse counselor in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 80. 1.  The Board may issue a certificate by endorsement as an alcohol and drug abuse counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant:

      (a) Holds a corresponding valid and unrestricted certificate as an alcohol and drug abuse counselor in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a certificate as an alcohol and drug abuse counselor; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641C.260;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial certificate; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a certificate by endorsement as an alcohol and drug abuse counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as an alcohol and drug abuse counselor to the applicant not later than:

      (a) Forty-five days after receiving all additional the information required by the Board to complete the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A certificate by endorsement as an alcohol and drug abuse counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

 


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ê2015 Statutes of Nevada, Page 3919 (Chapter 546, AB 89)ê

 

      5.  At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Board may grant a provisional certificate authorizing an applicant to practice as an alcohol and drug abuse counselor in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 81. 1.  The Board may issue a certificate by endorsement as a problem gambling counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant:

      (a) Holds a corresponding valid and unrestricted certificate as a problem gambling counselor in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a certificate as a problem gambling counselor; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641C.260;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial certificate; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a certificate by endorsement as a problem gambling counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as a problem gambling counselor to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A certificate by endorsement as a problem gambling counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

 


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ê2015 Statutes of Nevada, Page 3920 (Chapter 546, AB 89)ê

 

      5.  At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Board may grant a provisional certificate authorizing an applicant to practice as a problem gambling counselor in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 82. 1.  Notwithstanding any regulations adopted pursuant to NRS 641C.500, the Board may issue a certificate by endorsement as a detoxification technician to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant:

      (a) Holds a corresponding valid and unrestricted certificate as a detoxification technician in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a certificate as a detoxification technician; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided pursuant to NRS 641C.500;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) Any fee prescribed by the Board pursuant to NRS 641C.500 for the issuance of a certificate; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a certificate by endorsement as a detoxification technician pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as a detoxification technician to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A certificate by endorsement as a detoxification technician may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

 


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ê2015 Statutes of Nevada, Page 3921 (Chapter 546, AB 89)ê

 

      5.  At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Board may grant a provisional certificate authorizing an applicant to practice as a detoxification technician in accordance with regulations adopted by the Board.

      6.  If an applicant submits an application for a certificate by endorsement pursuant to this section, the Board shall collect not more than one-half of any fee prescribed by the Board pursuant to NRS 641C.500 for the initial issuance of the certificate.

      7.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 83. NRS 641C.290 is hereby amended to read as follows:

      641C.290  1.  [Each] Except as otherwise provided in section 78 of this act, each applicant for a license as a clinical alcohol and drug abuse counselor must pass a written and oral examination concerning his or her knowledge of the clinical practice of counseling alcohol and drug abusers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.

      2.  [Each] Except as otherwise provided in section 79 or 80 of this act, each applicant for a license or certificate as an alcohol and drug abuse counselor must pass a written and oral examination concerning his or her knowledge of the practice of counseling alcohol and drug abusers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.

      3.  [Each] Except as otherwise provided in section 81 of this act, each applicant for a certificate as a problem gambling counselor must pass a written examination concerning his or her knowledge of the practice of counseling problem gamblers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.

      4.  The Board shall:

      (a) Examine applicants at least two times each year.

      (b) Establish the time and place for the examinations.

      (c) Provide such books and forms as may be necessary to conduct the examinations.

      (d) Except as otherwise provided in NRS 622.090, establish, by regulation, the requirements for passing the examination.

      5.  The Board may employ other persons to conduct the examinations.

      Sec. 84. NRS 641C.470 is hereby amended to read as follows:

      641C.470  1.  The Board shall charge and collect not more than the following fees:

 

For the initial application for a license or certificate........................ $150

For the issuance of a provisional license or certificate...................... 125

For the issuance of an initial license or certificate................................ 60

For the renewal of a license or certificate as an alcohol and drug abuse counselor, a license as a clinical alcohol and drug abuse counselor or a certificate as a problem gambling counselor 300

For the renewal of a certificate as a clinical alcohol and drug abuse counselor intern, an alcohol and drug abuse counselor intern or a problem gambling counselor intern............................... 75

 


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ê2015 Statutes of Nevada, Page 3922 (Chapter 546, AB 89)ê

 

For the renewal of a delinquent license or certificate......................... $75

For the restoration of an expired license or certificate....................... 150

For the restoration or reinstatement of a suspended or revoked license or certificate   300

For the issuance of a license or certificate without examination..... 150

For an examination.................................................................................. 150

For the approval of a course of continuing education...................... 150

 

      2.  If an applicant submits an application for a license or certificate by endorsement pursuant to sections 79 to 81, inclusive, of this act, as applicable, the Board shall collect not more than one-half of the fee specified in subsection 1 for the initial issuance of the license.

      3.  The fees charged and collected pursuant to this section are not refundable.

      Sec. 85. Section 12 of this act is hereby amended to read as follows:

       Sec. 12.  1.  A regulatory body that regulates a profession pursuant to chapters 630, 630A, 632 to 641C, inclusive, or 644 of NRS in this State may enter into a reciprocal agreement with the corresponding regulatory authority of the District of Columbia or any other state or territory of the United States for the purposes of:

       (a) Authorizing a qualified person licensed in the profession in that state or territory to practice concurrently in this State and one or more other states or territories of the United States; and

       (b) Regulating the practice of such a person.

       2.  A regulatory body may enter into a reciprocal agreement pursuant to subsection 1 only if the regulatory body determines that:

       (a) The corresponding regulatory authority is authorized by law to enter into such an agreement with the regulatory body; and

       (b) The applicable provisions of law governing the practice of the respective profession in the state or territory on whose behalf the corresponding regulatory authority would execute the reciprocal agreement are substantially similar to the corresponding provisions of law in this State.

       3.  A reciprocal agreement entered into pursuant to subsection 1 must not authorize a person to practice his or her profession concurrently in this State unless the person:

       (a) Has an active license to practice his or her profession in another state or territory of the United States.

       (b) Has been in practice for at least the 5 years immediately preceding the date on which the person submits an application for the issuance of a license pursuant to a reciprocal agreement entered into pursuant to subsection 1.

       (c) Has not had his or her license suspended or revoked in any state or territory of the United States.

       (d) Has not been refused a license to practice in any state or territory of the United States for any reason.

       (e) Is not involved in and does not have pending any disciplinary action concerning his or her license or practice in any state or territory of the United States.

 


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ê2015 Statutes of Nevada, Page 3923 (Chapter 546, AB 89)ê

 

       (f) Pays any applicable fees for the issuance of a license that are otherwise required for a person to obtain a license in this State.

       [(g) Submits to the applicable regulatory body the statement required by NRS 425.520.]

       4.  If the regulatory body enters into a reciprocal agreement pursuant to subsection 1, the regulatory body must prepare an annual report before January 31 of each year outlining the progress of the regulatory body as it relates to the reciprocal agreement and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the next session of the Legislature in odd-numbered years or to the Legislative Committee on Health Care in even-numbered years.

      Sec. 86.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 87.  1.  This section and sections 1 to 84, inclusive, and 86 of this act become effective on July 1, 2015.

      2.  Section 85 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.

________

CHAPTER 547, AB 71

Assembly Bill No. 71–Committee on Taxation

 

CHAPTER 547

 

[Approved: June 12, 2015]

 

AN ACT relating to taxation; allowing a person who qualifies as both a military veteran and the surviving spouse of a veteran to claim both of the veterans’ exemptions from property taxes and governmental services taxes; revising the calculation of the inflation adjustment to certain exemptions from property taxes and governmental services taxes for certain veterans; providing a deduction from the payroll tax for wages paid to newly hired full-time employees who are veterans; providing an exemption from certain sales and use taxes for certain relatives of a member of the Nevada National Guard who is called into active service and is killed while performing his or her duties as a member of the Nevada National Guard; and providing other matters properly relating thereto.

 


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ê2015 Statutes of Nevada, Page 3924 (Chapter 547, AB 71)ê

 

Legislative Counsel’s Digest:

      Existing law provides an exemption from property taxes for a military veteran who served on active duty under certain circumstances. (NRS 361.090) Existing law also provides an exemption from property taxes for a veteran with a permanent service-connected disability, or the surviving spouse of such a veteran, and prohibits a person who claims this exemption from obtaining the other property tax exemption otherwise allowable for such a person. (NRS 361.091) Section 1 of this bill provides that a person who qualifies as both a veteran and the surviving spouse of a veteran with a permanent service-connected disability may claim both of the veterans’ exemptions from property taxes.

      Existing law provides similar exemptions from governmental services taxes for military veterans and, under certain circumstances, authorizes a veteran to transfer the exemption to his or her current spouse. (NRS 371.103, 371.104) Section 2 of this bill provides that a person who qualifies as both a veteran and the surviving spouse of a veteran with a permanent service-connected disability may claim both of these exemptions from governmental services taxes.

      Each fiscal year, the amount of the exemptions allowable for military veterans is adjusted for inflation based on the percentage increase in the Consumer Price Index (All Items) for a certain period. (NRS 361.091, 371.104) Sections 1 and 4 of this bill also revise provisions governing these inflation adjustments to provide that: (1) the adjustments are based on the percentage increase in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor, or the successor index that most closely resembles that index as determined by the Department of Taxation; and (2) the percentage increase in that index is measured for the same period for the purposes of both adjustments.

      Existing law requires employers to pay a payroll tax on the wages paid to their employees during each calendar quarter. The tax is imposed on financial institutions at the rate of 2 percent per calendar quarter and, effective July 1, 2015, on other employers at the rate of 0.63 percent per calendar quarter. (NRS 363A.130, 363B.110) Sections 2 and 3 of this bill authorize financial institutions and other employers to deduct from the total amount of wages reported and upon which the payroll tax is imposed any wages paid to a newly hired full-time employee during the first 4 full calendar quarters next following the hiring of the employee, and 50 percent of all wages paid to the employee during the 5th through 12th full calendar quarters next following the hiring of the employee, if: (1) the employee is a veteran of certain specified military service; (2) at the time of hiring the employee has been unemployed for a continuous period of not less than 3 months; and (3) certain other conditions are satisfied. The deduction does not apply with respect to any employee hired after June 30, 2019.

      Existing law provides an exemption from certain sales and use taxes for members of the Nevada National Guard called into active service and for certain relatives of such members of the Nevada National Guard. (NRS 372.7281, 374.7285) Sections 5-8 of this bill provide for eligibility for a 3-year exemption from such taxes for certain relatives of members of the Nevada National Guard who are killed while performing duties as a member of the Nevada National Guard while on active service.

 

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 361.091 is hereby amended to read as follows:

      361.091  1.  A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his or her surviving spouse, is entitled to an exemption.

 


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

ê2015 Statutes of Nevada, Page 3925 (Chapter 547, AB 71)ê

 

      2.  The amount of exemption is based on the total percentage of permanent service-connected disability. The maximum allowable exemption for total permanent disability is the first $20,000 assessed valuation. A person with a permanent service-connected disability of:

      (a) Eighty to 99 percent, inclusive, is entitled to an exemption of $15,000 assessed value.

      (b) Sixty to 79 percent, inclusive, is entitled to an exemption of $10,000 assessed value.

Ê For the purposes of this section, any property in which an applicant has any interest is deemed to be the property of the applicant.

      3.  The exemption may be allowed only to a claimant who has filed an affidavit with his or her claim for exemption on real property pursuant to NRS 361.155. The affidavit may be made at any time by a person claiming an exemption from taxation on personal property.

      4.  The affidavit must be made before the county assessor or a notary public and be filed with the county assessor. It must state that the affiant is a bona fide resident of the State of Nevada, that the affiant meets all the other requirements of subsection 1 and that the exemption is not claimed in any other county within this State. After the filing of the original affidavit, the county assessor shall, except as otherwise provided in this subsection, mail a form for:

      (a) The renewal of the exemption; and

      (b) The designation of any amount to be credited to the Gift Account for the Veterans Home in Southern Nevada or the Gift Account for the Veterans Home in Northern Nevada established pursuant to NRS 417.145,

Ê to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail. The county assessor may authorize the return of the form by electronic means in accordance with the provisions of chapter 719 of NRS.

      5.  Before allowing any exemption pursuant to the provisions of this section, the county assessor shall require proof of the applicant’s status, and for that purpose shall require the applicant to produce an original or certified copy of:

      (a) An honorable discharge or other document of honorable separation from the Armed Forces of the United States which indicates the total percentage of his or her permanent service-connected disability;

      (b) A certificate of satisfactory service which indicates the total percentage of his or her permanent service-connected disability; or

      (c) A certificate from the United States Department of Veterans Affairs or any other military document which shows that he or she has incurred a permanent service-connected disability and which indicates the total percentage of that disability, together with a certificate of honorable discharge or satisfactory service.

      6.  A surviving spouse claiming an exemption pursuant to this section must file with the county assessor an affidavit declaring that:

      (a) The surviving spouse was married to and living with the veteran who incurred a permanent service-connected disability for the 5 years preceding his or her death;

 


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ê2015 Statutes of Nevada, Page 3926 (Chapter 547, AB 71)ê

 

      (b) The veteran was eligible for the exemption at the time of his or her death or would have been eligible if the veteran had been a resident of the State of Nevada;

      (c) The surviving spouse has not remarried; and

      (d) The surviving spouse is a bona fide resident of the State of Nevada.

Ê The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5. After the filing of the original affidavit required by this subsection, the county assessor shall, except as otherwise provided in this subsection, mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail. The county assessor may authorize the return of the form by electronic means in accordance with the provisions of chapter 719 of NRS.

      7.  If a veteran or the surviving spouse of a veteran submits, as proof of disability, documentation that indicates a percentage of permanent service-connected disability for more than one permanent service-connected disability, the amount of the exemption must be based on the total of those combined percentages, not to exceed 100 percent.

      8.  If a tax exemption is allowed under this section [, the claimant] to a person who qualifies for the exemption:

      (a) As a veteran with a permanent service-connected disability, that person is not entitled to an exemption under NRS 361.090.

      (b) Solely as the surviving spouse of a veteran with a permanent service-connected disability, the allowance of a tax exemption under this section does not affect the eligibility of that person for an exemption under NRS 361.090.

      9.  If any person files a false affidavit or produces false proof to the county assessor or a notary public and, as a result of the false affidavit or false proof, the person is allowed a tax exemption to which the person is not entitled, the person is guilty of a gross misdemeanor.

      10.  Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsection 2 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the [Consumer Price Index (All Items)] consumer price inflation index from July 2003 to the July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.

      11.  For the purposes of this section, “consumer price inflation index” means the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor or, if that index ceases to be published by the United States Department of Labor, the published index that most closely resembles that index, as determined by the Department.

      Sec. 2. Chapter 363A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An employer may deduct from the total amount of wages reported and upon which the excise tax is imposed pursuant to NRS 363A.130 all wages paid by the employer to an employee during the first 4 full calendar quarters next following the hiring of the employee, and 50 percent of all wages paid by the employer to the employee during the 5th through 12th full calendar quarters next following the hiring of the employee, if:

 


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wages paid by the employer to the employee during the 5th through 12th full calendar quarters next following the hiring of the employee, if:

      (a) The employee is a veteran as defined in NRS 417.005;

      (b) The employee is first hired by the employer on or after July 1, 2015, and on or before June 30, 2019;

      (c) The employee has been:

             (1) Unemployed for a continuous period of not less than 3 months immediately preceding the date of hire; and

             (2) Receiving unemployment compensation continuously for that entire period;

      (d) The employee is employed in a full-time position throughout the entire calendar quarter for which the deduction is claimed;

      (e) The employee provides to the employer documentation to verify that the employee meets the requirements of paragraph (c); and

      (f) The employer submits to the Department an affidavit, signed under penalty of perjury by the employer or an authorized agent of the employer, stating that:

             (1) The employee meets the requirements specified in paragraphs (a), (b) and (c);

             (2) The employee meets all qualifications for the position of employment for which he or she is hired; and

             (3) The employee was not hired to replace another employee or, if so, the replaced employee left voluntarily or was terminated for cause.

      2.  An employer claiming the deduction allowed pursuant to this section shall, upon the request of the Department, provide the Department with such documentation as the Department deems appropriate to substantiate that claim.

      Sec. 3. Chapter 363B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An employer may deduct from the total amount of wages reported and upon which the excise tax is imposed pursuant to NRS 363B.110 all wages paid by the employer to an employee during the first 4 full calendar quarters next following the hiring of the employee, and 50 percent of all wages paid by the employer to the employee during the 5th through 12th full calendar quarters next following the hiring of the employee, if:

      (a) The employee is a veteran as defined in NRS 417.005;

      (b) The employee is first hired by the employer on or after July 1, 2015, and on or before June 30, 2019;

      (c) The employee has been:

             (1) Unemployed for a continuous period of not less than 3 months immediately preceding the date of hire; and

             (2) Receiving unemployment compensation continuously for that entire period;

      (d) The employee is employed in a full-time position throughout the entire calendar quarter for which the deduction is claimed;

      (e) The employee provides to the employer documentation to verify that the employee meets the requirements of paragraph (c); and

      (f) The employer submits to the Department an affidavit, signed under penalty of perjury by the employer or an authorized agent of the employer, stating that:

             (1) The employee meets the requirements specified in paragraphs (a), (b) and (c); and

 


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             (2) The employee meets all qualifications for the position of employment for which he or she is hired; and

             (3) The employee was not hired to replace another employee or, if so, the replaced employee left voluntarily or was terminated for cause.

      2.  An employer claiming the deduction allowed pursuant to this section shall, upon the request of the Department, provide the Department with such documentation as the Department deems appropriate to substantiate that claim.

      Sec. 4. NRS 371.104 is hereby amended to read as follows:

      371.104  1.  A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his or her surviving spouse, is entitled to a veteran’s exemption from the payment of governmental services taxes on vehicles of the following determined valuations:

      (a) If he or she has a disability of 100 percent, the first $20,000 of determined valuation.

      (b) If he or she has a disability of 80 to 99 percent, inclusive, the first $15,000 of determined valuation.

      (c) If he or she has a disability of 60 to 79 percent, inclusive, the first $10,000 of determined valuation.

      2.  In lieu of claiming the exemption from taxation set forth in subsection 1 in his or her name, a veteran may transfer the exemption to his or her current spouse. To transfer the exemption, the veteran must file an affidavit of transfer with the Department in the county where the exemption would otherwise have been claimed. The affidavit of transfer must be made before an authorized employee of the Department or a notary public. If a veteran makes such a transfer:

      (a) The spouse of the veteran is entitled to the exemption in the same manner as if the spouse were the veteran;

      (b) The veteran is not entitled to the exemption for the duration of the transfer;

      (c) The transfer expires upon the earlier of:

             (1) The termination of the marriage;

             (2) The death of the veteran; or

             (3) The revocation of the transfer by the veteran as described in paragraph (d); and

      (d) The veteran may, at any time, revoke the transfer of the exemption by filing with the Department in the county where the exemption is claimed an affidavit made before an authorized employee of the Department or a notary public.

      3.  For the purpose of this section, the first $20,000 of determined valuation of vehicles in which a person described in subsection 1 or 2 has any interest shall be deemed to belong entirely to that person.

      4.  A person claiming the exemption shall file annually with the Department in the county where the exemption is claimed an affidavit declaring that he or she is a bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 or 2, as applicable, and that the exemption is claimed in no other county within this State. After the filing of the original affidavit of exemption and after the transfer of the exemption, if any, pursuant to subsection 2, the county assessor shall, except as otherwise provided in this subsection, mail a form for:

 


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ê2015 Statutes of Nevada, Page 3929 (Chapter 547, AB 71)ê

 

      (a) The renewal of the exemption; and

      (b) The designation of any amount to be credited to the Gift Account for the Veterans Home in Southern Nevada or the Gift Account for the Veterans Home in Northern Nevada established pursuant to NRS 417.145,

Ê to the person who claimed the exemption each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail.

      5.  Before allowing any exemption pursuant to the provisions of this section, the Department shall require proof of the veteran’s status, and for that purpose shall require production of:

      (a) A certificate from the Department of Veterans Affairs that the veteran has incurred a permanent service-connected disability, which shows the percentage of that disability; and

      (b) Any one of the following:

             (1) An honorable discharge;

            (2) A certificate of satisfactory service; or

             (3) A certified copy of either of these documents.

      6.  A surviving spouse claiming an exemption pursuant to this section must file with the Department in the county where the exemption is claimed an affidavit declaring that:

      (a) The surviving spouse was married to and living with the veteran with a disability for the 5 years preceding his or her death;

      (b) The veteran with a disability was eligible for the exemption at the time of his or her death or, if not for a transfer of the exemption pursuant to subsection 2, would have been eligible for the exemption at the time of his or her death; and

      (c) The surviving spouse has not remarried.

Ê The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5. After the filing of the original affidavit required by this subsection, the county assessor shall, except as otherwise provided in this subsection, mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail.

      7.  If a tax exemption is allowed under this section [, the] to a person who qualifies for the tax exemption:

      (a) As a veteran [and his] or [her] as the current spouse [are] of a veteran who receives a transfer of an exemption pursuant to subsection 2, that person is not entitled to an exemption under NRS 371.103.

      (b) Solely as the surviving spouse of a veteran with a permanent service-connected disability, the allowance of a tax exemption under this section does not affect the eligibility of that person for an exemption under NRS 371.103.

      8.  If any person makes a false affidavit or produces false proof to the Department, and as a result of the false affidavit or false proof the person is allowed a tax exemption to which he or she is not entitled, the person is guilty of a gross misdemeanor.

 


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      9.  Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsections 1 and 3 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the [Consumer Price Index (All Items)] consumer price inflation index from [December] July 2003 to the [December] July preceding the fiscal year for which the adjustment is calculated.

      10.  For the purposes of this section, “consumer price inflation index” means the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor or, if that index ceases to be published by the United States Department of Labor, the published index selected by the Department of Taxation pursuant to subsection 11 of NRS 361.091.

      Sec. 5. NRS 372.7281 is hereby amended to read as follows:

      372.7281  In administering the provisions of NRS 372.325, the Department shall apply the exemption for the sale of tangible personal property to the State of Nevada, its unincorporated agencies and instrumentalities to include all tangible personal property that is sold to:

      1.  A member of the Nevada National Guard who is engaged in full-time National Guard duty, as defined in 10 U.S.C. § 101(d)(5) , and has been called into active service.

      2.  A relative of a member of the Nevada National Guard eligible for the exemption pursuant to subsection 1 who:

      (a) Resides in the same home or dwelling in this State as the member; and

      (b) Is related by blood, adoption or marriage within the first degree of consanguinity or affinity to the member.

      3.  A relative of a deceased member of the Nevada National Guard who was engaged in full-time National Guard duty, as defined in 10 U.S.C. § 101(d)(5), and who was killed while performing his or her duties as a member of the Nevada National Guard during a period when the member was called into active service. To be eligible under this subsection, the relative must be a person who:

      (a) Resided in the same house or dwelling in this State as the deceased member; and

      (b) Was related by blood, adoption or marriage within the first degree of consanguinity or affinity to the deceased member.

      Sec. 6. NRS 372.7282 is hereby amended to read as follows:

      372.7282  1.  A person who wishes to claim an exemption pursuant to NRS 372.7281 must file an application with the Department to obtain a letter of exemption. The application must be on a form and contain such information as is required by the Department.

      2.  If the Department determines that a person is eligible for the exemption provided pursuant to NRS 372.7281, the Department shall issue a letter of exemption to the person. [The] A letter of exemption issued to a member of the Nevada National Guard described in subsection 1 of NRS 372.7281 or a relative of a member described in subsection 2 of NRS 372.7281 expires on the date on which the person no longer meets the qualifications for eligibility. A letter of exemption issued to a relative of a deceased member of the Nevada National Guard described in subsection 3 of NRS 372.7281 expires on the date 3 years after the date of the death of the member.

 


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ê2015 Statutes of Nevada, Page 3931 (Chapter 547, AB 71)ê

 

      3.  To claim an exemption pursuant to NRS 372.7281 for the sale of tangible personal property to such a person:

      (a) The person must provide a copy of the letter of exemption to the retailer from whom the person purchases the property; and

      (b) The retailer must retain and present upon request a copy of the letter of exemption to the Department.

      4.  The Department shall adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 7. NRS 374.7285 is hereby amended to read as follows:

      374.7285  In administering the provisions of NRS 374.330, the Department shall apply the exemption for the sale of tangible personal property to the State of Nevada, its unincorporated agencies and instrumentalities to include all tangible personal property that is sold to:

      1.  A member of the Nevada National Guard who is engaged in full-time National Guard duty, as defined in 10 U.S.C. § 101(d)(5) , and has been called into active service.

      2.  A relative of a member of the Nevada National Guard eligible for the exemption pursuant to subsection 1 who:

      (a) Resides in the same home or dwelling in this State as the member; and

      (b) Is related by blood, adoption or marriage within the first degree of consanguinity or affinity to the member.

      3.  A relative of a deceased member of the Nevada National Guard who was engaged in full-time National Guard duty, as defined in 10 U.S.C. § 101(d)(5), and who was killed while performing his or her duties as a member of the Nevada National Guard during a period when the member was called into active service. To be eligible under this subsection, the relative must be a person who:

      (a) Resided in the same house or dwelling in this State as the deceased member; and

      (b) Was related by blood, adoption or marriage within the first degree of consanguinity or affinity to the deceased member.

      Sec. 8. NRS 374.7286 is hereby amended to read as follows:

      374.7286  1.  A person who wishes to claim an exemption pursuant to NRS 374.7285 must file an application with the Department to obtain a letter of exemption. The application must be on a form and contain such information as is required by the Department.

      2.  If the Department determines that a person is eligible for the exemption provided pursuant to NRS 374.7285, the Department shall issue a letter of exemption to the person. [The] A letter of exemption issued to a member of the Nevada National Guard described in subsection 1 of NRS 374.7285 or a relative of a member described in subsection 2 of NRS 374.7285 expires on the date on which the person no longer meets the qualifications for eligibility. A letter of exemption issued to a relative of a deceased member of the Nevada National Guard described in subsection 3 of NRS 374.7285 expires on the date 3 years after the date of the death of the member.

      3.  To claim an exemption pursuant to NRS 374.7285, for the sale of tangible personal property to such a person:

      (a) The person must provide a copy of the letter of exemption to the retailer from whom the person purchases the property; and

 


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ê2015 Statutes of Nevada, Page 3932 (Chapter 547, AB 71)ê

 

      (b) The retailer must retain and present upon request a copy of the letter of exemption to the Department.

      4.  The Department shall adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 9.  1.  This section and sections 1 and 4 of this act become effective:

      (a) Upon passage and approval for the purpose of filing claims for tax exemptions and performing any preparatory administrative tasks that are necessary to carry out the amendatory provisions of sections 1 and 4 of this act; and

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

      2.  Sections 2, 3 and 5 to 8, inclusive, of this act become effective on July 1, 2015.

      3.  Sections 2 and 3 of this act expire by limitation on July 31, 2022.

________

CHAPTER 548, AB 482

Assembly Bill No. 482–Committee on Ways and Means

 

CHAPTER 548

 

[Approved: June 12, 2015]

 

AN ACT relating to veterans affairs; requiring the Department of Veterans Services and the Nevada Veterans Services Commission to prepare certain reports; imposing certain duties on the Interagency Council on Veterans Affairs relating to veterans and servicemen and servicewomen and their families; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 8 of this bill requires the Director of the Department of Veterans Services to prepare a fiscal report regarding the amount and sources of funding received by the Department for the provision of programs and services to veterans and a comprehensive overview of the Department’s budget. Section 8 also requires the Director to transmit a digital copy of the report to each veteran for whom the Department has an electronic mail address and to post the report on the Department’s Internet website.

      Existing law creates the Interagency Council on Veterans Affairs and requires the Council to perform various duties relating to the needs of veterans and servicemen and servicewomen and their families in Nevada. (NRS 417.0191, 417.0195) Section 9 of this bill imposes additional duties on the Council relating to such persons, including: (1) fostering the development and dissemination of research and policy for improving outcomes for those persons; (2) developing and administering a fellowship program to increase research on improving outcomes for those persons; and (3) developing models for outreach to and engagement of veterans.

      Under existing law, the Nevada Veterans Services Commission is required to advise the Director and Deputy Director of the Department of Veterans Services on various issues relating to veterans. (NRS 417.150-417.190) Section 12 requires the Nevada Veterans Services Commission to prepare and submit an annual report to the Interagency Council on Veterans Affairs that summarizes its activities during the preceding fiscal year. Section 9 requires the Interagency Council on Veterans Affairs to include the Commission’s annual report in the annual report that the Interagency Council is required to submit to the Governor and the Legislature.

 


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ê2015 Statutes of Nevada, Page 3933 (Chapter 548, AB 482)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-7. (Deleted by amendment.)

      Sec. 8. Chapter 417 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director shall, not later than August 1 of each year, prepare a report that provides an analysis of the funding of programs and services for veterans in this State. The report must include, without limitation:

      (a) The amount and sources of money received by the Department for the provision of programs and services for veterans in this State;

      (b) A comprehensive overview of the budget of the Department; and

      (c) The expenditures made from the Gift Account for the Veterans Home in Southern Nevada, the Gift Account for the Veterans Home in Northern Nevada and the Gift Account for Veterans established pursuant to NRS 417.145.

      2.  The Director shall:

      (a) Transmit a digital copy of the report to each veteran in this State for whom the Department has an electronic mail address of record; and

      (b) Publish a digital copy of the report on the Internet website maintained by the Department.

      Sec. 9. NRS 417.0195 is hereby amended to read as follows:

      417.0195  The Interagency Council on Veterans Affairs shall:

      1.  Identify and prioritize the needs of veterans and servicemen and servicewomen and their families in this State.

      2.  Study the coordination of the efforts of the Federal Government, State Government, local governments and private entities to meet the needs of veterans and servicemen and servicewomen and their families in this State.

      3.  Develop and disseminate best practices for improving outcomes for veterans and servicemen and servicewomen and their families through policy recommendations at the state and local governmental levels.

      4.  Foster the development and dissemination of research and policy for improving outcomes for veterans and servicemen and servicewomen and their families.

      5.  Develop and administer a fellowship program to increase research on improving outcomes for veterans and servicemen and servicewomen and their families, including, without limitation, in the areas of education, employment and wellness. The program must include, without limitation, publication of peer-reviewed materials and an annual conference.

      6.  Cultivate leadership opportunities for veterans.

      7.  Develop models for outreach to and engagement of veterans.

      8.  On or before February 15 of each year, submit a report concerning the activities of the Council during the preceding calendar year , including the annual report submitted to the Council by the Nevada Veterans Services Commission pursuant to NRS 417.190, and any recommendations of the Council to the Governor and the Director of the Legislative Counsel Bureau for transmittal to:

      (a) If the Legislature is in session, the standing committees of the Legislature which have jurisdiction of the subject matter; or

 


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ê2015 Statutes of Nevada, Page 3934 (Chapter 548, AB 482)ê

 

      (b) If the Legislature is not in session, the Legislative Commission.

      Secs. 10 and 11. (Deleted by amendment.)

      Sec. 12. NRS 417.190 is hereby amended to read as follows:

      417.190  The Nevada Veterans Services Commission shall:

      1.  Advise the Director and Deputy Director.

      2.  Prepare and submit a report, on or before November 1 of each year, to the Interagency Council on Veterans Affairs. The report must, without limitation:

      (a) Summarize the activities of the Commission during the preceding fiscal year.

      (b) Make recommendations to the Governor, the Legislature, the Director and the Deputy Director regarding [aid or benefits] issues relating to veterans.

      Sec. 13.  The provisions of subsection 1 of NRS 218D.380 do not apply to the reporting requirements of section 8 of this act and NRS 417.190, as amended by section 12 of this act.

      Sec. 14.  This act becomes effective on July 1, 2015.

________

CHAPTER 549, AB 491

Assembly Bill No. 491–Committee on Ways and Means

 

CHAPTER 549

 

[Approved: June 12, 2015]

 

AN ACT relating to projects of capital improvement; authorizing certain expenditures by the State Public Works Division of the Department of Administration; levying a property tax to support the Consolidated Bond Interest and Redemption Fund; making appropriations; 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 State Public Works Division of the Department of Administration the sum of $6,403,083 to support the Division in carrying out the program of capital improvements as summarized in this section. The amount is allocated to projects numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as follows:

 

      Description                                                               Project No.             Amount

      1.  Capital Improvements for the Department of Administration:

             Renovation of the Metro Building, Las Vegas. 15-C05           $135,043

             Statewide Advance Planning Program............... 15-S04       $1,164,142

             Statewide Indoor Air Quality................................ 15-S06             $97,673

 


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ê2015 Statutes of Nevada, Page 3935 (Chapter 549, AB 491)ê

 

      Description                                                               Project No.             Amount

      2.  Capital Improvements for the Nevada System of Higher Education:

             Construct New Hotel College Academic Building, University of Nevada Las Vegas    15-C78........................................................................ $500,000

             Deferred Maintenance, Nevada System of Higher Education 15-M42 $4,063,059

      3.  Capital Improvements for the Department of Tourism and Cultural Affairs:

             Exterior Finishes, Lost City Museum ............... 15-M30           $300,863

             Advance Planning, Master Plan for Campus Buildings and Welcome Center in Building 2, Stewart Facility............................................................... 15-P03           $142,303

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2019, 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, 2019, 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, 2019.

      Sec. 3.  There is hereby appropriated from the State Highway Fund to the State Public Works Division of the Department of Administration the sum of $5,162,832 to support the Division in carrying out the program of capital improvements summarized in this section. The amount is allocated to projects numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as follows:

 

      Description                                                               Project No.             Amount

      Capital Improvements for the Department of Administration:

            Replace Chiller and Boilers, Nevada Highway Patrol Reno Headquarters Building      15-M23........................................................................ $315,015

             HVAC Replacement, West Flamingo Department of Motor Vehicles 15-M28  $1,733,745

             Building Upgrades, West Flamingo Department of Motor Vehicles 15-M29       $1,862,139

             Replace Flooring, Decatur, Donovan and Henderson Department of Motor Vehicles  15-M31........................................................................ $768,336

            Preventative Maintenance for Existing Pavement, Department of Public Safety Training Center, Carson City..................................................... 15-S05h             $90,387

             Preventative Maintenance for Existing Pavement, Department of Motor Vehicles Offices at Donovan in Las Vegas and in Henderson................ 15-S05h1           $393,210

 


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ê2015 Statutes of Nevada, Page 3936 (Chapter 549, AB 491)ê

 

      Sec. 4.  Any remaining balance of the appropriations made by section 3 of this act must not be committed for expenditure after June 30, 2019, 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, 2019, 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, 2019.

      Sec. 5.  The amounts appropriated pursuant to section 3 of this act from the State Highway Fund must be allocated by the State Controller as the money is required for the projects and must not be transferred to the projects from the State Highway Fund until required to make contract payments.

      Sec. 6.  The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $98,500,000 for the capital improvements summarized in this subsection. The amount is allocated to projects numbered and identified in the Executive Budget for the 2015-2017 biennium or otherwise described as follows:

 

      Description                                                               Project No.             Amount

      1.  Capital Improvements for the Department of Administration:

            Replace Chillers and Boilers, Supreme Court Building 15-M22 $826,295

             Replace Air Handling Unit, Blasdel Building... 15-M24           $576,095

             Replace Rooftop Units, Carson City Education Building          15-M25 $436,251

             Replace Fan Coil Units, Stewart Buildings 6 and 107 15-M26 $918,103

             Replace Emergency Generator, Blasdel Building 15-M27       $105,094

             Direct Digital Control System Replacement, Grant Sawyer Office Building 15-M77    $1,049,639

             Statewide Roofing Program.................................. 15-S01       $2,863,752

             Statewide ADA Program....................................... 15-S02       $2,088,488

             Statewide Fire and Life Safety Program............ 15-S03       $1,875,117

             Statewide Paving Program.................................... 15-S05           $921,413

             Preventative Maintenance for Existing Pavement, Nevada National Guard Stead Training Center........................................................................... 15-S05g             $10,295

             Preventative Maintenance for Existing Pavement and New Paving, Nevada National Guard Fallon Readiness Center and Washoe Readiness Center 15-S05g1 $167,037

             Preventative Maintenance for Existing Pavement, Department of Public Safety Training Center, Carson City..................................................... 15-S05h             $38,738

 


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ê2015 Statutes of Nevada, Page 3937 (Chapter 549, AB 491)ê

 

      Description                                                               Project No.             Amount

      2.  Capital Improvements for the Department of Corrections:

            Remodel Administration Building to Accommodate Executions, Ely State Prison 15-C03     $858,539

             Replace Air Handling Units, Ely State Prison, Phase II 15-M01 $1,303,494

             Replace Distribution Switchgear and Panelboards, Southern Desert Correctional Center   15-M02..................................................................... $4,061,288

             Replace Air Handling Units, Lovelock Correctional Center Phase II Housing Units     15-M03..................................................................... $2,574,781

             Upgrade Door Control Panels, Lovelock Correctional Center, Phase II  15-M04    $3,515,326

             Replace Rooftop HVAC Units, Florence McClure Women’s Correctional Center, Phase II    15-M05..................................................................... $1,483,025

             Replace Heat Exchangers, Lovelock Correctional Center Buildings 1, 2, 3, 4 and 5, and Housing Units 3 and 4............................................................. 15-M06       $1,461,875

             Replace Door Locks, Florence McClure Women’s Correctional Center 15-M07    $890,194

             Replace Warehouse Freezers and Coolers, Southern Desert Correctional Center    15-M08..................................................................... $1,587,483

             Replace Boilers and Water Heaters, Stewart Conservation Camp 15-M09  $968,656

             Replace Central Warehouse and Culinary Refrigeration Units, Lovelock Correctional Center      15-M10............................................................ $1,384,816

             HVAC Systems Renovation, Northern Nevada Correctional Center Housing Unit 7, Gymnasium and Law Library..................................................... 15-M12       $3,246,364

             Replace Central Warehouse Refrigeration Units, Northern Nevada Correctional Center   15-M13........................................................................ $504,853

             Central Plant Renovation, Southern Desert Correctional Center 15-M79     $1,245,614

             Advance Planning: Boiler Plant and Hot Water Distribution Upgrades, Northern Nevada Correctional Center................................................................. 15-P01           $536,013

 


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      Description                                                               Project No.             Amount

      3.  Capital Improvements for the Department of Health and Human Services:

            Renovation of Building 3, Phase II, Southern Nevada Adult Mental Health Services  15-C01..................................................................... $1,364,529

             Chiller Replacement, Desert Willow Treatment Center, Southern Nevada Child and Adolescent Services............................................................ 15-M11           $735,983

            Sanitary Sewer Rehabilitation, Southern Nevada Adult Mental Health Services, Southern Nevada Child and Adolescent Services and Desert Regional Center 15-M14 $2,806,336

             Replace Switchgear and Panels, Lake’s Crossing 15-M15       $338,819

             Electrical System Upgrades, Nevada Youth Training Center    15-M16 $2,024,243

             Emergency Power System Upgrades, Northern Nevada Adult Mental Health Services Campus   15-M17............................................................ $1,248,979

             HVAC Replacement, Desert Regional Center Buildings 1301, 1302, 1303, 1304 and 1306    15-M18........................................................................ $508,795

             HVAC Renovation, Northern Nevada Adult Mental Health Services Building 2    15-M19    $506,180

             Ductwork Replacement, Lake’s Crossing........ 15-M20           $349,759

             Install Gas Furnaces and Unit Heaters, Nevada Youth Training Center 15-M39    $982,289

             Central Plant Improvements, Nevada Youth Training Center Education and Multi-Purpose Buildings........................................................................... 15-M40       $2,281,358

             Building Exterior Energy Retrofit, Nevada Youth Training Center 15-M41  $1,996,728

      4.  Capital Improvements for the Office of the Military:

             Organizational Parking Lot Lighting, Floyd Edsall Training Center 15-C06  $46,274

             Security Fence Addition, Stead Training Center 15-C07            $21,306

             Construct New Facility Maintenance Shop, Washoe County Armory 15-C79   $200,000

             Central Plant Renovation, Clark County Armory 15-M34      $468,256

             Install Destratification Fans, Office of the Military, Carson City, Las Vegas and Yerington   15-M35........................................................................... $23,939

             Replace Domestic Water Heaters, Stead Army Aviation Support Facility   15-M98    $23,983

 


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ê2015 Statutes of Nevada, Page 3939 (Chapter 549, AB 491)ê

 

      Description                                                               Project No.             Amount

             Replace Domestic Water Heaters, Stead Regional Training Institute 15-M99    $50,995

             Advance Planning, Nevada National Guard Readiness Center in North Las Vegas      15-P02........................................................................ $112,044

             Roof Replacement, Office of the Military, Elko Readiness Center and Henderson Armory    15-S01g........................................................................ $384,481

      5.  Capital Improvements for the Nevada System of Higher Education:

            Construct New Hotel College Academic Building, University of Nevada Las Vegas    15-C78................................................................... $23,895,417

             Deferred Maintenance – Nevada System of Higher Education 15-M42 $5,696,941

      6.  Capital Improvements for the Department of Tourism and Cultural Affairs:

             Mechanical Systems Commissioning, Nevada State Museum, Las Vegas  15-M32    $205,383

             Security, Safety and Drainage Improvements, Nevada Historical Society Building     15-M33........................................................................ $271,490

             Upgrade Basement Heating and Drainage Improvements, Nevada State Museum, Carson City 15-M38................................................................ $100,823

      7.  Capital Improvements for the Department of Veterans Services:

             Construct New Northern Nevada State Veterans Home             15-C77 $14,139,883

             Drainage Improvements, Veterans Cemetery – Boulder City   15-M21 $24,945

      8.  Capital Improvements for the Department of Wildlife:

             HVAC Replacement, Wildlife, Las Vegas........ 15-M37           $191,204

      Sec. 7.  Any remaining balance of the allocated amounts authorized in section 6 of this act must not be committed for expenditure after June 30, 2019, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2019.

      Sec. 8.  1.  Except as otherwise provided in subsection 2, the State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $22,950,650 for the project numbered and identified in the Executive Budget for the 2015-2017 biennium and otherwise described as Project 15-C04, Construct New Department of Motor Vehicles Service Office, East Sahara Complex. The provisions of the State Securities Law, NRS 349.150 to 349.364, inclusive, apply to the bonds authorized by this subsection.

      2.  The State Board of Finance shall not issue the bonds described in subsection 1 unless the Board determines that the money budgeted or to be budgeted pursuant to subsection 3 will be sufficient to pay the bond repayment costs of the bonds authorized by subsection 1.

 


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ê2015 Statutes of Nevada, Page 3940 (Chapter 549, AB 491)ê

 

repayment costs of the bonds authorized by subsection 1. In making its determination under this subsection, the State Board of Finance shall be entitled to rely on a certification of the Director of the Office of Finance in the Office of the Governor that the money budgeted and to be budgeted pursuant to subsection 3 will be sufficient to pay the bond repayment costs of the bonds authorized by subsection 1. Any determination by the State Board of Finance under this subsection shall be conclusive. As used in this subsection, “bond repayment costs” means the principal of and interest on the bonds and any other costs related to the payment of the bonds or compliance with covenants made in connection with those bonds, as estimated by the State Treasurer.

      3.  The Legislature intends that 12.5 percent of the annual bond repayment costs of the bonds authorized by subsection 1, and any bonds directly or indirectly, through a series of refundings, refunding those bonds, will be paid from the Pollution Control Account created by NRS 445B.830, and 87.5 percent of those annual bond repayment costs will be paid from annually available money in the State Highway Fund. The Director of the Office of Finance in the Office of the Governor, the Director of the Department of Transportation and the Director of the Department of Motor Vehicles are hereby directed to budget for payment of such bond repayment costs from the sources and in the proportions stated in this subsection in each budget or other spending plan presented to the Legislature for the expenditure of amounts in the Pollution Control Account created by NRS 445B.830 and the State Highway Fund after the effective date of this section until the bonds authorized by subsection 1 and any bonds directly or indirectly refunding those bonds are no longer outstanding. The money so budgeted to pay the annual bond repayment costs of the bonds authorized by subsection 1, and any bonds directly or indirectly, through a series of refundings, refunding those bonds, are hereby appropriated in each year to the Consolidated Bond Interest and Redemption Fund to pay such bond repayment costs. As used in this subsection, “annually available money in the State Highway Fund” means money remaining in the State Highway Fund in any year after all amounts required to pay bonds issued pursuant to NRS 408.273 in that year have been paid or provision for such payment has been made.

      Sec. 9.  Any remaining balance of the allocated amounts authorized in section 8 of this act must not be committed for expenditure after June 30, 2019, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2019.

      Sec. 10.  1.  The State Board of Finance may issue the bonds authorized pursuant to sections 6 and 8 of this act at the time deemed appropriate by the Board based on the schedule established for the completion of the projects described in those sections.

      2.  The State Controller may advance temporarily from the State General Fund, upon the approval of the Director of the Office of Finance in the Office of the Governor, to the State Public Works Division of the Department of Administration, until the date on which the bonds authorized by section 6 of this act are sold, amounts necessary to facilitate the start of the projects enumerated in section 6 of this act. The amounts temporarily advanced by the State Controller shall be made as the money is required for the projects and must not be transferred to the projects from the State General Fund until required to make contract payments.

 


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ê2015 Statutes of Nevada, Page 3941 (Chapter 549, AB 491)ê

 

General Fund until required to make contract payments. The advanced amounts must be repaid immediately to the State General Fund upon the sale of the bonds or not later than the last business day in August immediately following the end of the fiscal year during which the advance is made.

      3.  The State Controller may advance temporarily from the State Highway Fund, upon the approval of the Director of the Office of Finance in the Office of the Governor, to the State Public Works Division of the Department of Administration, until the date on which the bonds authorized by section 8 of this act are sold, amounts necessary to facilitate the start of the project enumerated in section 8 of this act. The amounts temporarily advanced by the State Controller must be made as the money is required for the project and must not be transferred to the project from the State Highway Fund until required to make contract payments. The advanced amounts must be repaid immediately to the State Highway Fund upon the sale of the bonds or not later than the last business day in August immediately following the end of the fiscal year during which the advance is made.

      4.  The Director of the Office of Finance in the Office of the Governor shall provide written notification to the State Controller, the State Treasurer and the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of the advances from the State General Fund and the State Highway Fund to the State Public Works Division pursuant to subsections 2 and 3. The Director of the Office of Finance in the Office of the Governor shall provide a reconciliation to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the advances authorized from the State General Fund and State Highway Fund and repayments to the State General Fund and the State Highway Fund made during any fiscal year during the 2015-2017 biennium. The reconciliation must be provided not later than the last business day in August immediately following the end of the fiscal year during which the advance is made.

      Sec. 11.  1.  The State Public Works Division of the Department of Administration shall transfer the sum of $530,842 from the amounts authorized pursuant to section 4 of chapter 398, Statutes of Nevada 2005, at page 1547, as last amended by section 37 of chapter 445, Statutes of Nevada 2013, at page 2590, for the project numbered and described in the Executive Budget for the 2005-2007 biennium or otherwise described as Project 05-C13, Las Vegas Readiness Center for Nevada National Guard, to the project as authorized in subsection 2.

      2.  The State Public Works Division of the Department of Administration shall use the $530,842 transferred pursuant to subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as Project 15-P02, Advance Planning, Nevada National Guard Readiness Center in North Las Vegas.

      Sec. 12.  Any remaining balance of the amount transferred in section 11 of this act must not be committed for expenditure after June 30, 2019, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Interest and Redemption Fund on or before September 20, 2019.

      Sec. 13.  1.  The State Public Works Division of the Department of Administration shall transfer the sum of $47,132 from the amounts authorized pursuant to section 3 of chapter 347, Statutes of Nevada 2007, at page 1642, as last amended by section 38 of chapter 445, Statutes of Nevada 2013, at page 2591, from the projects identified in this subsection to the projects as authorized in subsections 2 and 3:

 


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ê2015 Statutes of Nevada, Page 3942 (Chapter 549, AB 491)ê

 

page 1642, as last amended by section 38 of chapter 445, Statutes of Nevada 2013, at page 2591, from the projects identified in this subsection to the projects as authorized in subsections 2 and 3:

 

      Description                                                             Project No.               Amount

      (a) Door control panels and fire door replacements at SNWCC    07-M24 $6,075

      (b) Shower and bathroom renovation at NNCC 07-M40               $27,974

      (c) Surveillance cameras, NNCC and NSP.......... 07-M48               $13,083

      2.  The State Public Works Division of the Department of Administration shall use the $6,075 transferred pursuant to paragraph (a) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as Project 15-M05, Replace Rooftop HVAC Units, Florence McClure Women’s Correctional Center, Phase II.

      3.  The State Public Works Division of the Department of Administration shall use the $41,057 transferred pursuant to paragraphs (b) and (c) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as Project 15-P01, Advance Planning: Boiler Plant and Hot Water Distribution Upgrades, Northern Nevada Correctional Center.

      Sec. 14.  Any remaining balance of the amount transferred in section 13 of this act must not be committed for expenditure after June 30, 2019, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2019.

      Sec. 15.  1.  The State Public Works Division of the Department of Administration shall transfer the sum of $138,681 from the amounts authorized pursuant to section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, as last amended by section 39 of chapter 445, Statutes of Nevada 2013, at page 2592, from the projects identified in this subsection to the projects as authorized in subsections 2, 3 and 4:

 

      Description                                                             Project No.               Amount

      (a) Complete permanent exhibit construction – Las Vegas Springs Preserve Museum      09-C04......................................................................... $26,694

      (b) New Elko County Readiness Center............... 09-C15             $104,733

      (c) Sewage dump station upgrade at Stewart Conservation Camp 09-M32      $7,254

      2.  The State Public Works Division of the Department of Administration shall use the $26,694 transferred pursuant to paragraph (a) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as Project 15-M32, Mechanical Systems Commissioning, Nevada State Museum, Las Vegas.

      3.  The State Public Works Division of the Department of Administration shall use the $104,733 transferred pursuant to paragraph (b) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as Project 15-M34, Central Plant Renovation, Clark County Armory.

 


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ê2015 Statutes of Nevada, Page 3943 (Chapter 549, AB 491)ê

 

of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as Project 15-M34, Central Plant Renovation, Clark County Armory.

      4.  The State Public Works Division of the Department of Administration shall use the $7,254 transferred pursuant to paragraph (c) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as Project 15-M37, HVAC Replacement, Wildlife, Las Vegas.

      Sec. 16.  Any remaining balance of the amount transferred in section 15 of this act must not be committed for expenditure after June 30, 2019, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2019.

      Sec. 17.  1.  The State Public Works Division of the Department of Administration shall transfer the sum of $240,000 from the amount appropriated pursuant to section 7 of chapter 440, Statutes of Nevada 2009, at page 2460, as last amended by section 39 of chapter 445, Statutes of Nevada 2013, at page 2592, for the project numbered and described in the Executive Budget for the 2009-2011 biennium or otherwise described as Project 09-C05, Medical Education Learning Lab Building, UNHSS, to the project as authorized in subsection 2.

      2.  The State Public Works Division of the Department of Administration shall use the $240,000 transferred pursuant to subsection 1 to support the Division in carrying out the program of capital improvement for the project described in the Executive Budget for the 2015-2017 biennium or otherwise described as Project 15-M42, Deferred Maintenance, Nevada System of Higher Education.

      Sec. 18.  Any remaining balance of the amount transferred in section 17 of this act must not be committed for expenditure after June 30, 2019, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 19.  1.  The State Public Works Division of the Department of Administration shall transfer the sum of $3,288,241 from the amounts authorized pursuant to sections 1, 7 and 8 of chapter 373, Statutes of Nevada 2011, at pages 2195, 2198 and 2199, respectively, from the projects identified in this subsection to the projects as authorized in subsections 2 to 9, inclusive:

 

      Description                                                             Project No.               Amount

      (a) Advance Planning-Army National Guard Aviation Support Facility at Elko Airport   11-E08........................................................................... $4,676

      (b) Reno Wildlife Headquarters-Install Electrical and Sprinkler System 11-M01    $124,296

      (c) Laxalt Building-ceiling and wall repair........... 11-M03                 $3,694

      (d) Replace vehicle exhaust systems-Facility Maintenance Shop and Combined Support Maintenance Shop Buildings-North Las Vegas Armory 11-M05                 $2,447

 


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ê2015 Statutes of Nevada, Page 3944 (Chapter 549, AB 491)ê

 

      Description                                                             Project No.               Amount

      (e) Separate fire/smoke system and upgrade HVAC at Grant Sawyer Building-Advance Planning   11-M08a........................................................... $191,901

      (f) Upgrade electrical power supply-Blasdel Building 11-M09     $439,744

      (g) Replace doors, locks and control panels-Southern Desert Correctional Center 11-M15    $1,014,025

      (h) Evaporative media replacement-High Desert State Prison       11-M21 $56,879

      (i) HVAC Renovation-Northern Nevada Adult Mental Health Services Buildings 1, 2 and 5 11-M26........................................................................... $8,322

      (j) HVAC replacement-Northern Nevada Correctional Center Regional Medical Facility       11-M27.............................................................................. $101

      (k) HVAC Renovation-Nevada Army National Guard Stead Dining Facility   11-M29    $85

      (l) Replace boiler-Lovelock Correctional Center Central Plant      11-M30 $3,552

      (m) Roof, Mechanical Screen and HVAC Replacement-Valley of Fire State Park Visitor Center      11-M32................................................................ $14,293

      (n) Upgrade culinary walk-in freezer and refrigerators-Northern Nevada Correctional Center     11-M34...................................................................... $219,180

      (o) HVAC Renovation-Desert Regional Center Building 1300      11-M37 $25,965

      (p) HVAC Renovation-Desert Regional Center Building 1391      11-M38 $84,443

      (q) Replace flooring-Northern Nevada Correctional Center Regional Medical Facility     11-M49........................................................................... $5,606

      (r) Surveillance cameras and recording devices-Ely State Prison   11-M60 $992,423

      (s) Statewide Roofing Program............................... 11-S01               $64,093

      (t) Statewide Fire and Life Safety Program-Highway Fund           11-S03h $32,516

      2.  The State Public Works Division of the Department of Administration shall use the $118,730 transferred pursuant to paragraphs (i), (o) and (p) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as Project 15-C01, Renovation of Building 3, Phase II, Southern Nevada Adult Mental Health Services.

      3.  The State Public Works Division of the Department of Administration shall use the $2,063,327 transferred pursuant to paragraphs (g), (h) and (r) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as Project 15-M01, Replace Air Handling Units, Ely State Prison, Phase II.

 


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ê2015 Statutes of Nevada, Page 3945 (Chapter 549, AB 491)ê

 

the Executive Budget for the 2015-2017 biennium or otherwise described as Project 15-M01, Replace Air Handling Units, Ely State Prison, Phase II.

      4.  The State Public Works Division of the Department of Administration shall use the $3,552 transferred pursuant to paragraph (l) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as Project 15-M03, Replace Air Handling Units, Lovelock Correctional Center Phase 2 Housing Units.

      5.  The State Public Works Division of the Department of Administration shall use the $219,180 transferred pursuant to paragraph (n) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as Project 15-M12, HVAC Systems Renovation, Northern Nevada Correctional Center Housing Unit 7, Gymnasium and Law Library.

      6.  The State Public Works Division of the Department of Administration shall use the $7,208 transferred pursuant to paragraphs (a), (d) and (k) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as Project 15-M34, Central Plant Renovation, Clark County Armory.

      7.  The State Public Works Division of the Department of Administration shall use the $138,589 transferred pursuant to paragraphs (b) and (m) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as Project 15-M37, HVAC Replacement, Wildlife, Las Vegas.

      8.  The State Public Works Division of the Department of Administration shall use the $5,707 transferred pursuant to paragraphs (j) and (q) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as Project 15-P01, Advance Planning: Boiler Plant and Hot Water Distribution Upgrades, Northern Nevada Correctional Center.

      9.  The State Public Works Division of the Department of Administration shall use the $731,948 transferred pursuant to paragraphs (c), (e), (f), (s) and (t) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as Project 15-S01, Statewide Roofing Program.

      Sec. 20.  Any remaining balance of the amount transferred in section 19 of this act must not be committed for expenditure after June 30, 2019, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2019.

      Sec. 21.  1.  The State Public Works Division of the Department of Administration shall transfer the sum of $1,315,000 from the amounts authorized pursuant to section 7 of chapter 445, Statutes of Nevada 2013, at page 2573, from the projects identified in this subsection to the projects as authorized in subsections 2 and 3:

 


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ê2015 Statutes of Nevada, Page 3946 (Chapter 549, AB 491)ê

 

      Description                                                             Project No.               Amount

      (a) Construct New Loading Dock and Replace Freight Elevator at Nevada State Museum – Carson City.......................................................................... 13-C05             $500,000

      (b) Radon Mitigation – Gallagher Fish Hatchery 13-M03            $115,000

      (c) Boiler Replacement – Florence McClure Women’s Correctional Center      13-M15    $450,000

      (d) Chiller and Boiler Replacement, Housing Unit 2 – Warm Springs Correctional Center      13-M18...................................................................... $250,000

      2.  The State Public Works Division of the Department of Administration shall use the $500,000 transferred pursuant to paragraph (a) of subsection 1 to support the Division in carrying out the program of capital improvement for the projects numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as follows:

 

      Description                                                             Project No.               Amount

      (a) Renovation of the Metro Building, Las Vegas 15-C05            $344,381

      (b) Advance Planning, Master Plan for Campus Buildings and Welcome Center in Building 2, Stewart Facility............................................................. 15-P03             $155,619

      3.  The State Public Works Division of the Department of Administration shall use the $815,000 transferred pursuant to paragraph (b), (c) and (d) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as Project 15-C05, Renovation of the Metro Building, Las Vegas.

      Sec. 22.  Any remaining balance of the amount transferred in section 21 of this act must not be committed for expenditure after June 30, 2019, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2019.

      Sec. 23.  1.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized for the following projects numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as follows:

 

      Description                                                             Project No.               Amount

      Renovation of the Metro Building, Las Vegas..... 15-C05             $692,969

      Organizational Parking Lot Lighting, Floyd Edsall Training Center 15-C06 $744,020

      Security Fence Addition, Stead Training Center... 15-C07             $214,877

      Construct New Northern Nevada State Veterans Home 15-C77 $34,059,383

 


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ê2015 Statutes of Nevada, Page 3947 (Chapter 549, AB 491)ê

 

      Description                                                             Project No.               Amount

      Construct New Hotel College Academic Building, University of Nevada Las Vegas    15-C78................................................................. $24,395,417

      Construct New Facility Maintenance Shop, Washoe County Armory 15-C79   $8,692,000

      Central Plant Renovation, Clark County Armory 15-M34            $493,104

      Install Destratification Fans, Office of the Military, Carson City, Las Vegas and Yerington   15-M35...................................................................... $196,974

      Replace Domestic Water Heaters, Stead Army Aviation Support Facility 15-M98 $202,695

      Replace Domestic Water Heaters, Stead Regional Training Institute 15-M99    $451,156

      Statewide Roofing Program...................................... 15-S01               $46,500

      Roof Replacement, Office of the Military, Elko Readiness Center and Henderson Armory    15-S01g...................................................................... $339,714

      Preventative Maintenance for Existing Pavement, Nevada National Guard Stead Training Center   15-S05g................................................................ $66,606

      Preventative Maintenance for Existing Pavement and New Paving, Nevada National Guard Fallon Readiness Center and Washoe Readiness Center 15-S05g1 $139,050

      Statewide Indoor Air Quality.................................... 15-S06             $100,000

      Statewide Building Official Program....................... 15-S09             $935,706

      2.  The State Public Works Division of the Department of Administration shall not execute a contract for construction of a project listed in subsection 1 that includes federal funding until the Division has determined that the federal funding for the project has been received and is available for expenditure for the project.

      Sec. 24.  The State Public Works Division of the Department of Administration shall carry out the provisions of this act as provided in chapter 341 of NRS. The Division shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the Attorney General.

      Sec. 25.  All state and local governmental agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the State Public Works Division of the Department of Administration to expedite completion of the project.

      Sec. 26.  The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $1,000,000 in the 2015-2017 biennium as provided in section 5 of Senate Bill No. 20 of this session for the program for awarding financial assistance to pay the actual expenses of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities.

      Sec. 27.  1.  The State Board of Finance shall issue $3,000,000 in general obligation bonds of the State in the 2015-2017 biennium for the purpose described in:

 


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ê2015 Statutes of Nevada, Page 3948 (Chapter 549, AB 491)ê

 

      (a) Subsection 1 of section 2;

      (b) Subsection 2 of section 2; and

      (c) Subsection 7 of section 2,

Ê of chapter 6, Statutes of Nevada 2001, 17th Special Session, at page 104.

      2.  The amount authorized to be issued under each paragraph of subsection 1 shall equal the difference between the amount authorized to be issued for the specific purpose identified in that subsection under section 2 of chapter 6, Statutes of Nevada 2001, 17th Special Session, at page 104, and the amount actually issued for that specific purpose before the effective date of this section.

      Sec. 28.  1.  The State Board of Finance shall issue $1,500,000 in general obligation bonds of the State in the 2015-2017 biennium for the purpose described in section 1 of chapter 437, Statutes of Nevada 2011, at page 2638.

      2.  The amount authorized to be issued under subsection 1 shall equal the difference between the amount authorized to be issued for the specific purpose identified in section 1 of chapter 437, Statutes of Nevada 2011, at page 2638, and the amount actually issued for that specific purpose before the effective date of this section.

      Sec. 29.  The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $1,000,000 in the 2015-2017 biennium as provided in NRS 349.986 for the program for providing grants for water conservation and capital improvements to certain water systems.

      Sec. 30.  1.  An ad valorem tax of 15.45 cents on each $100 of assessed valuation of taxable property is hereby levied for Fiscal Year 2015-2016, and an ad valorem tax of 15.45 cents on each $100 of assessed valuation is hereby levied for Fiscal Year 2016-2017. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this State including the net proceeds of minerals and excluding such property as is by law exempt from taxation. Notwithstanding the provisions of NRS 361.453 to the contrary, 0.45 cents of the levies imposed pursuant to this subsection must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.

      2.  An ad valorem tax of 1.55 cents on each $100 of assessed valuation of taxable property is hereby levied for Fiscal Year 2015-2016, and an ad valorem tax of 1.55 cents on each $100 of assessed valuation is hereby levied for Fiscal Year 2016-2017. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this State excluding such property as is by law exempt from taxation. The proceeds of the taxes levied pursuant to this subsection must be used exclusively for the repayment of bonded indebtedness issued pursuant to the provisions of chapter 6, Statutes of Nevada 2001, 17th Special Session, at page 104. Notwithstanding the provisions of NRS 361.453 to the contrary, the levies imposed pursuant to this subsection must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.

      3.  The proceeds of the taxes levied by this section are hereby appropriated in each fiscal year to the Consolidated Bond Interest and Redemption Fund to discharge the obligations of the State of Nevada as they are respectively due in that fiscal year. Any balance of the money appropriated by this section remaining at the end of the respective fiscal years does not revert to the State General Fund.

 


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appropriated by this section remaining at the end of the respective fiscal years does not revert to the State General Fund.

      Sec. 31.  1.  On or before July 1, 2015, and July 1, 2016, the State Treasurer shall estimate the amount of proceeds of the taxes levied by section 30 of this act. If the sum of that estimate and the balance of ad valorem reserves in the Consolidated Bond Interest and Redemption Fund is less than the total obligation of the State of Nevada for payment of the interest on and principal of bonds which will become due in the fiscal year, the State Treasurer shall ask the State Controller to reserve in the State General Fund an amount which is sufficient to pay the remainder of the total obligation. The State Treasurer may revise the estimate and amount reserved.

      2.  If the money in the Consolidated Bond Interest and Redemption Fund is insufficient to pay those obligations as they become due, the State Controller shall cause the money in reserve to be transferred from the State General Fund to the Consolidated Bond Interest and Redemption Fund. The amount reserved is hereby contingently appropriated for that purpose. Any balance of the sums appropriated by this subsection remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 16, 2016, and September 15, 2017, respectively.

      3.  The State Treasurer shall report to the Legislature or, if the Legislature is not in session, to the Interim Finance Committee:

      (a) The amount of any estimate made pursuant to subsection 1 and the amount of money reserved in the State General Fund based upon the estimate;

      (b) The amount of money transferred from the State General Fund pursuant to subsection 2; and

      (c) The amount of money which reverts to the State General Fund pursuant to subsection 2.

      Sec. 32.  The State Board of Finance, in its capacity as the State General Obligation Bond Commission and to the extent that money is available, shall pay the expenses related to the issuance of general obligation bonds approved by the 78th Session of the Nevada Legislature from the proceeds of those bonds.

      Sec. 33.  1.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized from the Consolidated Bond Interest and Redemption Fund in the amount of $145,911,940 for Fiscal Year 2015-2016, and in the amount of $147,090,897 for Fiscal Year 2016-2017.

      2.  Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program for any account within the Consolidated Bond Interest and Redemption Fund for the payment of principal, interest and related costs of issuance for securities approved by the State Legislature pursuant to the provisions of this act.

      Sec. 34.  1.  With the approval of the Interim Finance Committee, the State Public Works Division of the Department of Administration and the Nevada System of Higher Education may transfer appropriated, allocated and authorized money from one project to another within the same agency or within the Nevada System of Higher Education for those projects listed in sections 1, 3, 6, 11, 13, 15, 17, 19, 21 and 35 of this act.

 


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      2.  Transfers of money pursuant to subsection 1 to or from projects authorized in section 23 of this act, must maintain the overall ratio of appropriated, allocated and authorized money in total for those projects.

      Sec. 35.  The money collected pursuant to the annual tax on slot machines imposed pursuant to NRS 463.385 that is distributed to the Special Capital Construction Fund for Higher Education, except any amount of that money which is needed to pay the principal and interest on bonds, is appropriated to the State Public Works Division of the Department of Administration in the sum of $5,000,000 for the project numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as project 15-M42, Deferred Maintenance, Nevada System of Higher Education.

      Sec. 36.  Any remaining balance of the appropriation made by section 35 of this act must not be committed for expenditure after June 30, 2019, 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, 2019, 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 fund of origin on or before September 20, 2019.

      Sec. 37. Section 2 of chapter 440, Statutes of Nevada 2009, as amended by section 39 of chapter 445, Statutes of Nevada 2013, at page 2592, is hereby amended to read as follows:

       Sec. 2.  1.  Except as otherwise provided in [subsections 2 and 3] this section, any remaining balance of the allocated amounts authorized in section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, must not be committed for expenditure after June 30, 2013, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2013.

       2.  Any remaining balance of the allocated amounts authorized in section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, for the following projects, must not be committed for expenditure after June 30, 2015, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 18, 2015:

 

       Description                                                                              Project No.

       (a) Complete permanent exhibit construction – Las Vegas Springs Preserve Museum      09-C04

       (b) Medical Education Learning Lab Building, UNHSS..... 09-C05

       (c) Field maintenance shop facility at the Las Vegas Readiness Center      09-C13

       (d) [New readiness center – North Las Vegas....................... 09-C14

       (e)] New Elko County Readiness Center............................... 09-C15

       [(f) Southern Nevada Veterans Cemetery expansion......... 09-C18

       (g)](e) Water supply backflow prevention for the Bradley Building and Stewart Facility     09-M02a

 


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       Description                                                                              Project No.

       [(h)](f) Well replacement at the Nevada Youth Training Center 09-M08

       [(i)](g) Sewage dump station upgrade at Stewart Conservation Camp     09-M32

       3.  Any remaining balance of the allocated amounts authorized in section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, for the following project, must not be committed for expenditure after June 30, 2014, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 19, 2014:

 

       Description                                                                              Project No.

       Statewide Advance Planning Program..................................... 09-S04

       4.  Any remaining balance of the allocated amounts authorized in section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, for the following projects, must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2017:

 

       Description                                                                             Project No.

       New readiness center – North Las Vegas.............................. 09-C14

       Southern Nevada Veterans Cemetery expansion................. 09-C18

      Sec. 38. Section 9 of chapter 373, Statutes of Nevada 2011, at page 2199, is hereby amended to read as follows:

       Sec. 9.  [Any]

       1.  Except as otherwise provided in subsection 2, any remaining balance of the amounts transferred in sections 7 and 8 of [this act] chapter 373, Statutes of Nevada 2011, at pages 2198 and 2199, must not be committed for expenditure after June 30, 2015, and any portion of the allocated money remaining must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 18, 2015.

       2.  Any remaining balance of the amount transferred in section 7 of chapter 373, Statutes of Nevada 2011, at page 2198, for project 11-M14, Install electronic door controls-Warm Springs Correctional Center, must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2017.

      Sec. 39.  If Assembly Bill No. 469 of this session does not become effective, any reference in this act to the Office of Finance in the Office of the Governor shall be deemed to refer to the Budget Division of the Department of Administration and any reference to the Director of the Office shall be deemed to refer to the Chief of the Budget Division.

      Sec. 40.  1.  This section and sections 2 to 25, inclusive, and 27 to 39, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1 and 26 of this act become effective on July 1, 2015.

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