[Rev. 11/14/2017 12:15:28 PM]

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CHAPTER 578, SB 482

Senate Bill No. 482–Committee on Health and Human Services

 

CHAPTER 578

 

[Approved: June 13, 2017]

 

AN ACT relating to health care; requiring certain medical facilities and facilities for the dependent to post certain information near each public entrance to the facility and on any Internet website maintained by the facility; requiring the State Board of Health to establish a system for rating certain health care facilities based on compliance with requirements concerning staffing; revising requirements concerning money received by the Division of Public and Behavioral Health of the Department of Health and Human Services from licensing certain health care facilities; establishing requirements concerning the membership of the staffing committee of certain hospitals; requiring that written policies concerning refusal of or objection to work assignments and documented staffing plans established by the staffing committee of certain hospitals be signed by each member of the staffing committee; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Health and Human Services to establish and maintain a program to increase public awareness of health care information concerning hospitals and surgical centers for ambulatory patients in this State. (NRS 439A.220, 439A.240) Section 1.5 of this bill additionally requires the Division of Public and Behavioral Health of the Department to post on an Internet website maintained by the Division links to: (1) the most recent star rating assigned by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services to each medical facility or facility for the dependent in this State that receives such a rating; and (2) the Ambulatory Surgical Center Quality Reporting Program maintained by the Centers for Medicare and Medicaid Services. Section 1.5 also requires a medical facility or facility for the dependent that receives a star rating from the Centers for Medicare and Medicaid Services to post the most recent star rating assigned to the facility: (1) in a conspicuous place near each entrance to the facility that is regularly used by the public; and (2) on the Internet website maintained by the facility, if the facility maintains an Internet website. Finally, section 1.5 requires a surgical center for ambulatory patients to post in those locations the address for the Internet website for the Ambulatory Surgical Center Quality Reporting Program maintained by the Centers for Medicare and Medicaid Services.

      Existing law requires each hospital in a county whose population is 100,000 or more and which is licensed to have more than 70 beds to establish a staffing committee. (NRS 449.242) Existing law also requires health care facilities that meet the same requirements to establish: (1) a written policy that sets forth the circumstances under which a nurse or nursing assistant at the facility may refuse or object to a work assignment; and (2) a documented staffing plan for the facility. (NRS 449.2421, 449.2423) Section 1.8 of this bill requires the State Board of Health to establish a system for rating such health care facilities based on compliance with such requirements. Section 1.8 requires the Board to establish procedures by which a facility may request a follow-up inspection or appeal a finding concerning a violation. Thirty days after an investigation or inspection, or after a final ruling on any appeal or the completion of any follow-up inspection, whichever is later, section 1.8 requires the rating of a facility to be posted on the Internet website maintained by the Division and in a conspicuous place near each entrance to the facility that is regularly used by the public.

 


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      Existing law requires one-half of the membership of a staffing committee of a hospital to be members of the licensed nursing staff and certified nursing assistants who are providing direct patient care at the hospital. (NRS 449.242) Section 8.3 of this bill requires those members to consist of: (1) one member representing each unit of the hospital who is a licensed nurse elected by the licensed nursing staff who are providing direct patient care on that unit; and (2) one member representing each unit who is a certified nursing assistant elected by the certified nursing assistants who are providing direct patient care on that unit. Section 8.3 also provides for the election of alternate members to represent the licensed nursing staff and certified nursing assistants who provide direct patient care on each unit. Additionally, section 8.3 establishes requirements concerning the election of such regular and alternate members. Section 8.5 of this bill requires the written policy concerning refusal of or objection to work assignments and the staffing plan of a hospital to be signed by each member of the staffing committee of the hospital.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 and 1.8 of this act.

      Sec. 1.5. 1.  The Division shall post on an Internet website maintained by the Division links to:

      (a) The most recent star rating assigned by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services to each medical facility or facility for the dependent in this State that receives such a rating; and

      (b) The Ambulatory Surgical Center Quality Reporting Program maintained by the Centers for Medicare and Medicaid Services.

      2.  A medical facility or facility for the dependent that receives a star rating from the Centers for Medicare and Medicaid Services shall post the most recent star rating assigned to the facility in a conspicuous place near each entrance to the facility that is regularly used by the public and, if the facility maintains an Internet website that is accessible to the public, on that Internet website.

      3.  A surgical center for ambulatory patients shall post the address of the Internet website for the Ambulatory Surgical Center Quality Reporting Program maintained by the Centers for Medicare and Medicaid Services in a conspicuous place near each entrance to the surgical center for ambulatory patients that is regularly used by the public and, if the surgical center for ambulatory patients maintains an Internet website that is accessible to the public, on that Internet website.

      Sec. 1.8. 1.  The Division shall adopt regulations establishing:

      (a) A system for rating each health care facility located in a county whose population is 100,000 or more and which is licensed to have more than 70 beds on the compliance by the facility with the provisions of this section and NRS 449.241 to 449.2428, inclusive, including, without limitation, the number of resolved and unresolved violations and the severity of those violations. The rating system must provide for the assignment of a star rating of not more than five stars and not less than one star to each such facility after:

 


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             (1) Each inspection conducted by the Division pursuant to NRS 449.132; and

             (2) Each investigation conducted by the Division pursuant to NRS 449.0307 concerning a complaint that alleges a violation of the provisions of this section and NRS 449.241 to 449.2428, inclusive.

      (b) Procedures by which a health care facility located in a county whose population is 100,000 or more and which is licensed to have more than 70 beds may, not later than 30 days after an investigation or inspection, appeal a finding concerning a violation of the provisions of this section and NRS 449.241 to 449.2428, inclusive, or request a follow-up inspection.

      2.  A star rating assigned pursuant to subsection 1 becomes final:

      (a) Thirty days after the investigation or inspection on which the star rating is based; or

      (b) After the completion of any follow-up inspection or the final determination of any appeal pursuant to subsection 1,

Ê whichever is later.

      3.  Not later than 5 days after a star rating becomes final pursuant to subsection 2, the Division shall post on an Internet website maintained by the Division a report which must include:

      (a) The final star rating assigned to the facility pursuant to subsection 1; and

      (b) A report of each unresolved violation of an applicable statute or regulation and all proposed actions to correct the violation.

      4.  A health care facility located in a county whose population is 100,000 or more and which is licensed to have more than 70 beds shall post the final star rating assigned to the facility pursuant to subsection 1 after the most recent investigation or inspection in a conspicuous place near each entrance to the facility that is regularly used by the public and, if the facility maintains an Internet website that is accessible to the public, on that Internet website.

      Sec. 2. NRS 449.030 is hereby amended to read as follows:

      449.030  1.  Except as otherwise provided in NRS 449.03013 and 449.03015, no person, state or local government or agency thereof may operate or maintain in this State any medical facility or facility for the dependent without first obtaining a license therefor as provided in NRS 449.030 to 449.2428, inclusive [.] , and sections 1.5 and 1.8 of this act.

      2.  Unless licensed as a facility for hospice care, a person, state or local government or agency thereof shall not operate a program of hospice care without first obtaining a license for the program from the Board.

      Sec. 3. NRS 449.0301 is hereby amended to read as follows:

      449.0301  The provisions of NRS 449.030 to 449.2428, inclusive, and sections 1.5 and 1.8 of this act do not apply to:

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

      2.  Foster homes as defined in NRS 424.014.

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

 


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      Sec. 4. NRS 449.0302 is hereby amended to read as follows:

      449.0302  1.  The Board shall adopt:

      (a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.030 to 449.2428, inclusive, and sections 1.5 and 1.8 of this act and for programs of hospice care.

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

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

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

      (e) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.030 to 449.2428, inclusive [.] , and sections 1.5 and 1.8 of this act.

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

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

      (b) Residential facilities for groups,

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

      3.  The Board shall adopt separate regulations for:

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

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

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

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

      5.  In addition to the training requirements prescribed pursuant to NRS 449.093, the Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.

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

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

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

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

 


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

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

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

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

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

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

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

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

             (2) Contain a sleeping area or bedroom; and

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

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

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

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

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

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

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

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

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

 

 


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      Sec. 5. NRS 449.0306 is hereby amended to read as follows:

      449.0306  1.  Money received from licensing medical facilities and facilities for the dependent must be forwarded to the State Treasurer for deposit in the State General Fund [.] to the credit of the Division.

      2.  The Division shall enforce the provisions of NRS 449.030 to 449.245, inclusive, and sections 1.5 and 1.8 of this act, and may incur any necessary expenses not in excess of money [appropriated] authorized for that purpose by the State or received from the Federal Government.

 


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      Sec. 6. NRS 449.160 is hereby amended to read as follows:

      449.160  1.  The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.030 to 449.2428, inclusive, and sections 1.5 and 1.8 of this act upon any of the following grounds:

      (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.030 to 449.245, inclusive, and sections 1.5 and 1.8 of this act, or of any other law of this State or of the standards, rules and regulations adopted thereunder.

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

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

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

      (e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and sections 1.5 and 1.8 of this act and 449.435 to 449.965, inclusive, if such approval is required.

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

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

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

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

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

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

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

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

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

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

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

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

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

 


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      Sec. 7. NRS 449.163 is hereby amended to read as follows:

      449.163  1.  In addition to the payment of the amount required by NRS 449.0308, if a medical facility or facility for the dependent violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.030 to 449.2428, inclusive, and sections 1.5 and 1.8 of this act or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:

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

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

      (c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;

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

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

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

             (2) Improvements are made to correct the violation.

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

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

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

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

      4.  The Division may require any facility that violates any provision of NRS 439B.410 or 449.030 to 449.2428, inclusive, and sections 1.5 and 1.8 of this act or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

      5.  Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and sections 1.5 and 1.8 of this act and 449.435 to 449.965, inclusive, to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.

      Sec. 8. NRS 449.220 is hereby amended to read as follows:

      449.220  1.  The Division may bring an action in the name of the State to enjoin any person, state or local government unit or agency thereof from operating or maintaining any facility within the meaning of NRS 449.030 to 449.2428, inclusive [:] , and sections 1.5 and 1.8 of this act:

 


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      (a) Without first obtaining a license therefor; or

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

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

      Sec. 8.1. NRS 449.241 is hereby amended to read as follows:

      449.241  As used in NRS 449.241 to 449.2428, inclusive, and section 1.8 of this act, unless the context otherwise requires, the words and terms defined in NRS 449.2413 to 449.2418, inclusive, have the meanings ascribed to them in those sections.

      Sec. 8.3. NRS 449.242 is hereby amended to read as follows:

      449.242  1.  Each hospital located in a county whose population is 100,000 or more and which is licensed to have more than 70 beds shall establish a staffing committee to develop a written policy as required pursuant to NRS 449.2423 and a documented staffing plan as required pursuant to NRS 449.2421. The staffing committee must consist of:

      (a) Not less than one-half of the total regular members of the staffing committee from the licensed nursing staff and certified nursing assistants who are providing direct patient care at the hospital . [; and] The members described in this paragraph must consist of:

             (1) One member representing each unit of the hospital who is a licensed nurse who provides direct patient care on that unit, elected by the licensed nursing staff who provide direct patient care on the unit that the member will represent.

             (2) One member representing each unit of the hospital who is a certified nursing assistant who provides direct patient care on that unit, elected by the certified nursing assistants who provide direct patient care on the unit that the member will represent.

      (b) Not less than one-half of the total regular members of the staffing committee appointed by the administration of the hospital.

      (c) One alternate member representing each unit of the hospital who is a licensed nurse or certified nursing assistant who provides direct patient care on that unit, elected by the licensed nursing staff and certified nursing assistants who provide direct patient care on the unit that the member represents.

      2.  Each time a new staffing committee is formed, the administration of the hospital shall hold an election to select the members described in paragraphs (a) and (c) of subsection 1. Each licensed nurse and certified staffing assistant who provides direct patient care at the hospital must be allowed at least 3 days to vote for:

      (a) The regular member described in paragraph (a) of subsection 1 who will represent his or her unit and profession; and

      (b) The alternate member described in paragraph (c) of subsection 1 who will represent his or her unit.

      3.  If a vacancy occurs in a position on a staffing committee described in paragraph (a) or (c) of subsection 1, a new regular or alternate member, as applicable, must be elected in the same manner as his or her predecessor.

      4.  In developing the written policy and the staffing plan, the staffing committee shall consider, without limitation, the information received pursuant to paragraph (b) of subsection 5 of NRS 449.2423 regarding requests to be relieved of a work assignment, refusals of a work assignment and objections to a work assignment.

 


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pursuant to paragraph (b) of subsection 5 of NRS 449.2423 regarding requests to be relieved of a work assignment, refusals of a work assignment and objections to a work assignment.

      [3.]5.  The staffing committee of a hospital shall meet at least quarterly.

      [4.]6.  Each hospital that is required to establish a staffing committee pursuant to this section shall prepare a written report concerning the establishment of the staffing committee, the activities and progress of the staffing committee and a determination of the efficacy of the staffing committee. The hospital shall submit the report on or before December 31 of each:

      (a) Even-numbered year to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

      (b) Odd-numbered year to the Legislative Committee on Health Care.

      Sec. 8.5. NRS 449.2421 is hereby amended to read as follows:

      449.2421  1.  As a condition of licensing, a health care facility located in a county whose population is 100,000 or more and which is licensed to have more than 70 beds shall make available to the Division a written policy adopted pursuant to NRS 449.2423, a documented staffing plan and a written certification that the written policy and the documented staffing plan are adequate to meet the needs of the patients of the health care facility. If the health care facility is a hospital, the written policy and the documented staffing plan must:

      (a) Be signed by each member of the staffing committee of the hospital established pursuant to NRS 449.242 to indicate that the member has received a copy of the written policy and the staffing plan and, if applicable, actively participated in the development of the written policy and the staffing plan; and

      (b) Include a place where a member of the staffing committee may note any objections to the written policy or the staffing plan.

      2.  The documented staffing plan must include, without limitation:

      (a) A detailed written plan setting forth:

             (1) The number, skill mix and classification of licensed nurses required in each unit in the health care facility, which must take into account the experience of the clinical and nonclinical support staff with whom the licensed nurses collaborate, supervise or otherwise delegate assignments; and

             (2) The number of certified nursing assistants required in each unit in the health care facility;

      (b) A description of the types of patients who are treated in each unit, including, without limitation, the type of care required by the patients;

      (c) A description of the activities in each unit, including, without limitation, discharges, transfers and admissions;

      (d) A description of the size and geography of each unit;

      (e) A description of any specialized equipment and technology available for each unit;

      (f) Any foreseeable changes in the size or function of each unit; and

      (g) Protocols for adequately staffing the health care facility:

             (1) In the event of an emergency, including, without limitation, mass casualties and a significant change in the acuity or number of patients;

             (2) If applicable, in circumstances when a significant number of patients are diverted from another facility; and

 


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             (3) If a licensed nurse or certified nursing assistant is absent or refuses a work assignment pursuant to NRS 449.2423.

      [2.]3.  A documented staffing plan must provide sufficient flexibility to allow for adjustments based upon changes in a unit of the health care facility.

      [3.]4.  The health care facility shall ensure that it is staffed in accordance with the documented staffing plan.

      Sec. 8.7. NRS 449.2428 is hereby amended to read as follows:

      449.2428  For each health care facility which is located in a county whose population is 100,000 or more and which is licensed to have more than 70 beds, the Division shall:

      1.  Ensure the general compliance of the health care facility with the provisions of NRS 449.241 to 449.2428, inclusive, and section 1.8 of this act, including, without limitation, those provisions relating to documented staffing plans and written policies adopted pursuant to NRS 449.2423; and

      2.  Adopt such regulations as are necessary or appropriate to carry out the provisions of this section.

      Sec. 9. NRS 654.190 is hereby amended to read as follows:

      654.190  1.  The Board may, after notice and an opportunity for a hearing as required by law, impose an administrative fine of not more than $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any nursing facility administrator or administrator of a residential facility for groups who:

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

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

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

      (d) Aids or abets any person in the violation of any of the provisions of NRS 449.030 to 449.2428, inclusive, and sections 1.5 and 1.8 of this act, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.

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

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

      2.  If a licensee requests a hearing pursuant to subsection 1, the Board shall give the licensee written notice of a hearing pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing, his or her right to attend the hearing.

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

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

 


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ê2017 Statutes of Nevada, Page 4174 (Chapter 578, SB 482)ê

 

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

      Sec. 10.  This act becomes effective upon passage and approval for the purpose of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act and on January 1, 2018, for all other purposes.

________

CHAPTER 579, SB 467

Senate Bill No. 467–Committee on Education

 

CHAPTER 579

 

[Approved: June 13, 2017]

 

AN ACT relating to education; creating the Nevada Ready 21 Technology Program; establishing requirements for participation in the Program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Commission on Educational Technology and prescribes its duties. (NRS 388.790, 388.795) Section 3 of this bill creates the Nevada Ready 21 Technology Program and requires the Program to be administered by the Commission. Section 3 also requires the Commission to establish: (1) procedures by which the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils may apply for a grant of money; and (2) in consultation with each school district, standards and methods for measuring progress in certain areas for pupils enrolled at public schools that are awarded such a grant.

      Section 4 of this bill requires a school district, charter school or university school for profoundly gifted pupils that receives a grant of money to annually provide a report to the Commission concerning implementation of the Program. Section 4 requires the Department of Education to enter into an agreement with a person or entity to carry out the Program. Section 4 also allows a school district, charter school or university school for profoundly gifted pupils to enter into an agreement with a person or entity to provide services pursuant to the Program.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. “Program” means the Nevada Ready 21 Technology Program created by section 3 of this act.

      Sec. 3. 1.  The Nevada Ready 21 Technology Program is hereby created for the purposes of:

      (a) Providing each pupil and teacher at a public school which participates in the Program with 24-hour access to their own personal, portable technology device connected wirelessly to the Internet;

 


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ê2017 Statutes of Nevada, Page 4175 (Chapter 579, SB 467)ê

 

      (b) Improving pupil outcomes through the use of digital teaching and learning technology, including, without limitation:

             (1) Improving the extent to which pupils are engaged in classroom activity;

             (2) Improving the attendance rate of pupils;

             (3) Improving the graduation rate of pupils;

             (4) Reducing the number of behavioral incidents in a classroom;

             (5) Facilitating the application of material taught in the classroom to the real world; and

             (6) Differentiating classroom instruction;

      (c) Providing high-quality professional development for teachers to improve pupil outcomes through the use of digital teaching and learning technology;

      (d) Effectively integrating technologies with teaching and learning; and

      (e) Increasing the percentage of pupils who are career and workforce ready.

      2.  The Commission shall administer the Program.

      3.  In administering the Program, the Commission shall establish procedures by which the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils may apply to the Commission for a grant of money. An application for a grant must:

      (a) Set forth a plan that includes:

             (1) Measures designed to ensure that the school district, charter school or university school for profoundly gifted pupils submitting the application will apply best practices to the use of technology devices;

             (2) Specific learning goals; and

             (3) A method for measuring progress toward achieving those goals; and

      (b) Provide a description of:

             (1) The cost of purchasing the portable technology devices, the cost of professional development and any additional associated expenses of the school district, charter school or university school for profoundly gifted pupils to carry out the Program;

             (2) The amount of money sought; and

             (3) How the school district, charter school or university school for profoundly gifted pupils will pay for the difference between subparagraphs (1) and (2), if a difference exists.

      4.  To the extent that money is available, the Commission shall designate the amount of money that will be provided for each person intended to be served by any grant awarded by the Commission. The Commission shall review all applications submitted pursuant to subsection 3 and award a grant to the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils in an amount determined by multiplying such an amount designated by the number of persons identified by the recipient of the grant to be served by the grant. The Commission may establish by regulation the criteria it will consider in determining whether to award a grant but shall not give preference in the awarding of a grant to an applicant solely on the basis of the vendor that the applicant intends to use pursuant to the grant.

 


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ê2017 Statutes of Nevada, Page 4176 (Chapter 579, SB 467)ê

 

      5.  The Commission shall, in consultation with each school district, establish standards and methods for measuring progress in the level of academic achievement and other areas identified by the Commission for pupils enrolled at public schools that are awarded a grant of money pursuant to subsection 4.

      Sec. 4. 1.  A school district, charter school or university school for profoundly gifted pupils that receives a grant pursuant to section 3 of this act shall annually provide a report to the Commission in the form prescribed by the Commission that includes, without limitation:

      (a) Any expenditures of money to implement the Program by the school district, charter school or university school for profoundly gifted pupils;

      (b) A summary of the progress of the school district, charter school or university school for profoundly gifted pupils toward meeting the learning goals specified in the application for a grant submitted pursuant to section 3 of this act; and

      (c) Any feedback received by the school district, charter school or university school for profoundly gifted pupils concerning the Program from other recipients of money from the Program.

      2.  The Department shall enter into an agreement with a person or entity to carry out the Program. Such a person or entity may provide the following services:

      (a) Computing devices that meet the minimum requirements established by the Commission for use in the Program.

      (b) Software and applications.

      (c) Learning management systems that allow the school district, charter school or university school for profoundly gifted pupils to create instructional materials to be used in a classroom and to track and manage such materials.

      (d) Professional development.

      (e) Wireless networking solutions.

      3.  A school district, charter school or university school for profoundly gifted pupils that receives a grant pursuant to section 3 of this act may enter into an agreement with a person or entity to provide any or all of the services described in paragraphs (a) to (e), inclusive, of subsection 2.

      Sec. 5. NRS 388.780 is hereby amended to read as follows:

      388.780  As used in NRS 388.780 to 388.805, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 388.785 and 388.787 and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 6.  This act becomes effective on July 1, 2017.

________

 


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ê2017 Statutes of Nevada, Page 4177ê

 

CHAPTER 580, SB 468

Senate Bill No. 468–Committee on Commerce, Labor and Energy

 

CHAPTER 580

 

[Approved: June 13, 2017]

 

AN ACT relating to wages; authorizing a domestic service employee who resides in the household where he or she works and his or her employer to enter into a written agreement to exclude from the wages of the domestic service employee certain specified periods for meals, sleep and other free time; authorizing such an agreement to be used to establish the number of hours worked by the domestic service employee during a pay period; revising provisions relating to the payment of certain compensation for overtime to a domestic service employee who resides in the household where he or she works; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires an employer to pay compensation to an employee for each hour the employee works. (NRS 608.016) Existing federal regulations allow a domestic service employee who resides in the household where he or she works and his or her employer to agree to exclude from the employee’s wages certain periods of complete freedom from all duties. (29 C.F.R. § 552.102) Section 1.5 of this bill enacts provisions based on federal regulations to provide that a domestic service employee who resides in the household where he or she works and his or her employer may agree to exclude from the domestic service employee’s wages certain periods for meals, sleep and other periods of complete freedom from all duties. Under section 1.5, if a period excluded from the domestic service employee’s wages is interrupted by a call to duty by the employer, the interruption must be counted as hours worked for which compensation must be paid. Section 1.3 of this bill defines “domestic service employee” to mean an employee who performs any household services in or about a private residence or any other location at which a person resides and includes caregivers and other persons who are employed at a residential facility for groups.

      Existing law requires an employer to pay 1 1/2 times certain employee’s regular wage rates for certain periods of overtime. (NRS 608.018) Under existing law, domestic service employees who reside in the household where they work are exempt from this requirement. (NRS 608.018, 608.250) Section 2.5 of this bill provides that a domestic service employee is exempt from the requirement to pay overtime compensation only if the domestic service employee and his or her employer have agreed in writing to exclude the domestic service employee from the requirement.

 

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 608 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.5 of this act.

      Sec. 1.3. “Domestic service employee” means an employee who performs any household service in or about a private residence or any other location at which a person resides. The term includes, without limitation:

 


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ê2017 Statutes of Nevada, Page 4178 (Chapter 580, SB 468)ê

 

      1.  Caregivers and other persons who are employed at a residential facility for groups, as defined in NRS 449.017; and

      2.  Companions, babysitters, cooks, waiters, valets, housekeepers, nannies, nurses, janitors, persons employed to launder clothes and linens, caretakers, persons who perform minor repairs, gardeners, home health aides, personal care aides and chauffeurs of automobiles for family use.

      Sec. 1.5. 1.  If a domestic service employee resides in the household where he or she works, the employer and domestic service employee may agree in writing to exclude from the wages of the domestic service employee:

      (a) Periods for meals if the period for meals is at least one-half hour for each meal;

      (b) Periods for sleep if the period for sleep excluded from the wages of the domestic service employee does not exceed 8 hours; and

      (c) Any other period of complete freedom from all duties during which the domestic service employee may either leave the premises or stay on the premises for purely personal pursuits. To be excluded from the wages of the domestic service employee pursuant to this paragraph, a period must be of sufficient duration to enable the domestic service employee to make effective use of the time.

      2.  If a period excluded from the wages of the domestic service employee pursuant to this section is interrupted by a call to duty by the employer, the interruption must be counted as hours worked for which compensation must be paid.

      3.  An agreement pursuant to this section may be used to establish the total hours of employment of a domestic service employee in a pay period in lieu of maintaining precise records of the number of hours worked per day. The employer shall keep a copy of the agreement and indicate in the record of wages pursuant to NRS 608.115 that the work time of the domestic service employee generally coincides with the agreement. If it is found by the parties that there is a significant deviation from the initial agreement, a separate record must be kept for the period in which the deviation occurs or a new agreement must be reached that reflects the actual facts.

      Sec. 1.7. NRS 608.007 is hereby amended to read as follows:

      608.007  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 608.010 to 608.0126, inclusive, and section 1.3 of this act have the meanings ascribed to them in those sections.

      Sec. 2. NRS 608.016 is hereby amended to read as follows:

      608.016  Except as otherwise provided in NRS 608.0195 [,] and section 1.5 of this act, an employer shall pay to the employee wages for each hour the employee works. An employer shall not require an employee to work without wages during a trial or break-in period.

      Sec. 2.5. NRS 608.018 is hereby amended to read as follows:

      608.018  1.  An employer shall pay 1 1/2 times an employee’s regular wage rate whenever an employee who receives compensation for employment at a rate less than 1 1/2 times the minimum rate prescribed pursuant to NRS 608.250 works:

      (a) More than 40 hours in any scheduled week of work; or

      (b) More than 8 hours in any workday unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.

 


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ê2017 Statutes of Nevada, Page 4179 (Chapter 580, SB 468)ê

 

      2.  An employer shall pay 1 1/2 times an employee’s regular wage rate whenever an employee who receives compensation for employment at a rate not less than 1 1/2 times the minimum rate prescribed pursuant to NRS 608.250 works more than 40 hours in any scheduled week of work.

      3.  The provisions of subsections 1 and 2 do not apply to:

      (a) [Employees] Except as otherwise provided in paragraph (o), employees who are not covered by the minimum wage provisions of NRS 608.250;

      (b) Outside buyers;

      (c) Employees in a retail or service business if their regular rate is more than 1 1/2 times the minimum wage, and more than half their compensation for a representative period comes from commissions on goods or services, with the representative period being, to the extent allowed pursuant to federal law, not less than 1 month;

      (d) Employees who are employed in bona fide executive, administrative or professional capacities;

      (e) Employees covered by collective bargaining agreements which provide otherwise for overtime;

      (f) Drivers, drivers’ helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended;

      (g) Employees of a railroad;

      (h) Employees of a carrier by air;

      (i) Drivers or drivers’ helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan;

      (j) Drivers of taxicabs or limousines;

      (k) Agricultural employees;

      (l) Employees of business enterprises having a gross sales volume of less than $250,000 per year;

      (m) Any salesperson or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment; [and]

      (n) A mechanic or worker for any hours to which the provisions of subsection 3 or 4 of NRS 338.020 apply [.] ; and

      (o) A domestic service employee who resides in the household where he or she works if the domestic service employee and his or her employer agree in writing to exempt the domestic service employee from the requirements of subsections 1 and 2.

      Sec. 3. NRS 608.115 is hereby amended to read as follows:

      608.115  1.  Every employer shall establish and maintain records of wages for the benefit of his or her employees, showing for each pay period the following information for each employee:

      (a) Gross wage or salary other than compensation in the form of:

             (1) Services; or

             (2) Food, housing or clothing.

      (b) Deductions.

      (c) Net cash wage or salary.

      (d) [Total] Except as otherwise provided in section 1.5 of this act, total hours employed in the pay period by noting the number of hours per day.

      (e) Date of payment.

      2.  The information required by this section must be furnished to each employee within 10 days after the employee submits a request.

      3.  Records of wages must be maintained for a 2-year period following the entry of information in the record.

 


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ê2017 Statutes of Nevada, Page 4180 (Chapter 580, SB 468)ê

 

      Sec. 4. NRS 608.180 is hereby amended to read as follows:

      608.180  The Labor Commissioner or the representative of the Labor Commissioner shall cause the provisions of NRS 608.005 to 608.195, inclusive, and sections 1.3 and 1.5 of this act to be enforced, and upon notice from the Labor Commissioner or the representative:

      1.  The district attorney of any county in which a violation of those sections has occurred;

      2.  The Deputy Labor Commissioner, as provided in NRS 607.050;

      3.  The Attorney General, as provided in NRS 607.160 or 607.220; or

      4.  The special counsel, as provided in NRS 607.065,

Ê shall prosecute the action for enforcement according to law.

      Sec. 5. NRS 608.195 is hereby amended to read as follows:

      608.195  1.  Except as otherwise provided in NRS 608.0165, any person who violates any provision of NRS 608.005 to 608.195, inclusive, and sections 1.3 and 1.5 of this act, or any regulation adopted pursuant thereto, is guilty of a misdemeanor.

      2.  In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $5,000 for each such violation.

      Sec. 6.  This act becomes effective on July 1, 2017.

________

CHAPTER 581, SB 478

Senate Bill No. 478–Committee on Government Affairs

 

CHAPTER 581

 

[Approved: June 13, 2017]

 

AN ACT relating to state employees; revising provisions governing the dismissal, involuntary demotion or suspension of a permanent classified employee in the state service; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires an appointing authority to take certain actions when dismissing, involuntarily demoting or suspending a permanent classified employee in the state service or conducting an internal administrative investigation which may result in the dismissal, involuntary demotion or suspension of a permanent classified employee. (NRS 284.385, 284.387; NAC 284.655) Section 2 of this bill requires an appointing authority to provide an employee with notice of the allegations against the employee within 30 days after the appointing authority becomes aware, or reasonably should have become aware, of the allegations.

      Existing law requires an appointing authority to complete an internal administrative investigation and make a determination whether to dismiss, involuntarily demote or suspend an employee within 90 days after providing the employee with notice of the allegations, unless the appointing authority obtains approval for an extension of time. (NRS 284.387) Section 2 prohibits an appointing authority from dismissing, involuntarily demoting or suspending an employee based on allegations if the investigation into those allegations does not result in a determination regarding disciplinary action within the prescribed time period.

 


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ê2017 Statutes of Nevada, Page 4181 (Chapter 581, SB 478)ê

 

      Existing law authorizes a permanent employee to appeal a dismissal, involuntary demotion or suspension in a hearing before the hearing officer of the Personnel Commission. (NRS 284.390) If the employee requests such a hearing, section 3 of this bill requires the appointing authority of the employee to produce and allow the employee or his or her representative to inspect or receive a copy of any document or evidence related to the internal investigation leading to the employee’s dismissal, involuntary demotion or suspension within 5 days after a request is made by the employee or his or her representative.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2. NRS 284.387 is hereby amended to read as follows:

      284.387  1.  An employee who is the subject of an internal administrative investigation that could lead to disciplinary action against the employee pursuant to NRS 284.385 must be:

      (a) Provided notice in writing of the allegations against the employee within 30 days after the date on which the appointing authority becomes aware, or reasonably should have become aware, of the allegations. The notice must be provided before the employee is questioned regarding the allegations . [; and]

      (b) Afforded the right to have a lawyer or other representative of the employee’s choosing present with the employee at any time that the employee is questioned regarding those allegations. The employee must be given not less than 2 business days to obtain such representation, unless the employee waives the employee’s right to be represented.

      2.  An internal administrative investigation that could lead to disciplinary action against an employee pursuant to NRS 284.385 and any determination made as a result of such an investigation must be completed and the employee notified of any disciplinary action within 90 days after the employee is provided notice of the allegations pursuant to paragraph (a) of subsection 1. If the appointing authority cannot complete the investigation and make a determination within 90 days after the employee is provided notice of the allegations pursuant to paragraph (a) of subsection 1, the appointing authority may request an extension of not more than 60 days from the Administrator upon showing good cause for the delay. No further extension may be granted unless approved by the Governor.

      3.  If the appointing authority does not make a determination within 90 days after the employee is provided notice of the allegations or within any extended time period approved pursuant to subsection 2, the appointing authority shall not take any disciplinary action against the employee pursuant to NRS 284.385 which is based on those allegations.

      Sec. 3. NRS 284.390 is hereby amended to read as follows:

      284.390  1.  Within 10 working days after the effective date of an employee’s dismissal, demotion or suspension pursuant to NRS 284.385, the employee who has been dismissed, demoted or suspended may request in writing a hearing before the hearing officer of the Commission to determine the reasonableness of the action. The request may be made by mail and shall be deemed timely if it is postmarked within 10 working days after the effective date of the employee’s dismissal, demotion or suspension.

 


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ê2017 Statutes of Nevada, Page 4182 (Chapter 581, SB 478)ê

 

      2.  The hearing officer shall grant the employee a hearing within 20 working days after receipt of the employee’s written request unless the time limitation is waived, in writing, by the employee or there is a conflict with the hearing calendar of the hearing officer, in which case the hearing must be scheduled for the earliest possible date after the expiration of the 20 days.

      3.  Upon verification that a request for a hearing has been made pursuant to subsection 1, the appointing authority of the employee who was the subject of the internal administrative investigation shall, within 5 days after receiving a request by the employee or his or her representative, produce and allow the employee or his or her representative to inspect or receive a copy of any document concerning the internal administrative investigation, including, without limitation, any recordings, notes, transcripts of interviews or other documents or evidence related to the internal administrative investigation.

      4.  The employee may represent himself or herself at the hearing or be represented by an attorney or other person of the employee’s own choosing.

      [4.]5.  Technical rules of evidence do not apply at the hearing.

      [5.]6.  After the hearing and consideration of the evidence, the hearing officer shall render a decision in writing, setting forth the reasons therefor.

      [6.]7.  If the hearing officer determines that the dismissal, demotion or suspension was without just cause as provided in NRS 284.385, the action must be set aside and the employee must be reinstated, with full pay for the period of dismissal, demotion or suspension.

      [7.]8.  The decision of the hearing officer is binding on the parties.

      [8.]9.  Any petition for judicial review of the decision of the hearing officer must be filed in accordance with the provisions of chapter 233B of NRS.

      Sec. 4.  This act becomes effective on July 1, 2017.

________

EMERGENCY REQUEST of Senate Majority Leader

 

CHAPTER 582, SB 554

Senate Bill No. 554–Senator Atkinson

 

CHAPTER 582

 

[Approved: June 13, 2017]

 

AN ACT relating to transportation network companies; requiring a driver to provide to a transportation network company certain information relating to his or her state business registration; requiring a transportation network company to terminate an agreement with a driver who fails to comply with the requirement to provide such information to the company; requiring the Nevada Transportation Authority to provide certain information to the Secretary of State for the purpose of enforcing the provisions of law governing the state business registration; providing for the confidentiality of the information provided to the Secretary of State; and providing other matters properly relating thereto.

 


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ê2017 Statutes of Nevada, Page 4183 (Chapter 582, SB 554)ê

 

Legislative Counsel’s Digest:

      Existing law authorizes a transportation network company to enter into an agreement with one or more drivers to receive connections to potential passengers using the digital network or software application service of the company under certain circumstances. (NRS 706A.160) Section 1 of this bill requires a driver affiliated with a transportation network company to provide verification to the transportation network company that the driver holds a valid state business registration: (1) not later than 6 months after the driver is allowed to receive connections to potential passengers pursuant to the agreement with the company; and (2) annually thereafter on or before the anniversary date of that agreement. Under section 1, the verification may consist of providing to the company the business identification number assigned to the driver by the Secretary of State upon issuance of a state business registration. Finally, section 1 requires a transportation network company to terminate an agreement with a driver who fails to provide verification that he or she holds a valid state business registration as required by section 1.

      Existing law requires a transportation network company to maintain certain records relating to the business of the company and to make those records available for inspection by the Nevada Transportation Authority as necessary to investigate complaints. (NRS 706A.230) Section 2 of this bill requires the Authority to provide to the Secretary of State the name of each driver affiliated with a transportation network company and such other information as the Secretary of State deems necessary to enforce existing law relating to state business registration. Under section 2, the Secretary of State and any employee of the Secretary of State is required to keep such information confidential to the same extent that the Authority is required to keep the information confidential.

      Under section 3, any driver who has an agreement with a transportation network company that is in effect on October 1, 2017, is required to provide the first verification that he or she holds a valid state business registration on or before the anniversary date of his or her registration.

 

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 706A.160 is hereby amended to read as follows:

      706A.160  1.  A transportation network company may enter into an agreement with one or more drivers to receive connections to potential passengers from the company in exchange for the payment of a fee by the driver to the company.

      2.  Before a transportation network company allows a person to be connected to potential passengers using the digital network or software application service of the company pursuant to an agreement with the company, the company must:

      (a) Require the person to submit an application to the company, which must include, without limitation:

             (1) The name, age and address of the applicant.

             (2) A copy of the driver’s license of the applicant.

             (3) A record of the driving history of the applicant.

             (4) A description of the motor vehicle of the applicant and a copy of the motor vehicle registration.

             (5) Proof that the applicant has complied with the requirements of NRS 485.185.

 


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ê2017 Statutes of Nevada, Page 4184 (Chapter 582, SB 554)ê

 

      (b) At the time of application and not less than once every 3 years thereafter, conduct or contract with a third party to conduct an investigation of the criminal history of the applicant, which must include, without limitation:

             (1) A review of a commercially available database containing criminal records from each state which are validated using a search of the primary source of each record.

             (2) A search of a database containing the information available in the sex offender registry maintained by each state.

      (c) At the time of application and not less than once every year thereafter, obtain and review a complete record of the driving history of the applicant.

      3.  A transportation network company may enter into an agreement with a driver if:

      (a) The applicant is at least 19 years of age.

      (b) The applicant possesses a valid driver’s license issued by the Department of Motor Vehicles unless the applicant is exempt from the requirement to obtain a Nevada driver’s license pursuant to NRS 483.240.

      (c) The applicant provides proof that the motor vehicle operated by him or her is registered with the Department of Motor Vehicles unless the applicant is exempt from the requirement to register the motor vehicle in this State pursuant to NRS 482.385.

      (d) The applicant provides proof that the motor vehicle operated by him or her is operated and maintained in compliance with all applicable federal, state and local laws.

      (e) The applicant provides proof that he or she currently is in compliance with the provisions of NRS 485.185.

      (f) In the 3 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of three or more violations of the motor vehicle laws of this State or any traffic ordinance of any city or town, the penalty prescribed for which is a misdemeanor.

      (g) In the 3 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of any violation of the motor vehicle laws of this State or any traffic ordinance of any city or town, the penalty prescribed for which is a gross misdemeanor or felony.

      (h) In the 7 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of any violation of federal, state or local law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.

      (i) In the 7 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of any crime involving an act of terrorism, an act of violence, a sexual offense, fraud, theft, damage to property of another or the use of a motor vehicle in the commission of a felony.

      (j) The name of the applicant does not appear in the database searched pursuant to subparagraph (2) of paragraph (b) of subsection 2.

      4.  A driver shall, not later than 6 months after a transportation network company allows the driver to be connected to potential passengers using the digital network or software application service of the company pursuant to an agreement with the company and annually thereafter, on or before the anniversary date of that agreement, provide to the company verification that the driver holds a valid state business registration pursuant to chapter 76 of NRS.

 


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pursuant to an agreement with the company and annually thereafter, on or before the anniversary date of that agreement, provide to the company verification that the driver holds a valid state business registration pursuant to chapter 76 of NRS. Such verification may consist of the business identification number assigned by the Secretary of State to the driver upon compliance with the provisions of chapter 76 of NRS.

      5.  A transportation network company shall terminate an agreement with any driver who:

      (a) Fails to submit to the transportation network company a change in his or her address, driver’s license or motor vehicle registration within 30 days after the date of the change.

      (b) Fails to immediately report to the transportation network company any change in his or her driving history or criminal history.

      (c) Refuses to authorize the transportation network company to obtain and review an updated complete record of his or her driving history not less than once each year and an investigation of his or her criminal history not less than once every 3 years.

      (d) Is determined by the transportation network company to be ineligible for an agreement pursuant to subsection 3 on the basis of any updated information received by the transportation network company.

      (e) Fails to comply with the provisions of subsection 4.

      Sec. 2. NRS 706A.230 is hereby amended to read as follows:

      706A.230  1.  A transportation network company shall maintain the following records relating to the business of the company for a period of at least 3 years after the date on which the record is created:

      (a) Trip records;

      (b) Driver records and vehicle inspection records;

      (c) Records of each complaint and the resolution of each complaint; and

      (d) Records of each accident or other incident that involved a driver and was reported to the transportation network company.

      2.  Each transportation network company shall make its records available for inspection by the Authority upon request and only as necessary for the Authority to investigate complaints. This subsection does not require a company to make any proprietary information available to the Authority. [Any] Except as otherwise provided in subsection 3, any records provided to the Authority are confidential and must not be disclosed other than to employees of the Authority.

      3.  The Authority shall disclose to the Secretary of State the name of each driver and such other information as the Secretary of State determines necessary to enforce the provisions of chapter 76 of NRS. If the Secretary of State obtains any confidential information pursuant to this subsection, the Secretary of State, and any employee of the Secretary of State engaged in the administration of chapter 76 of NRS or charged with the custody of any records or files relating to the administration of chapter 76 of NRS, shall maintain the confidentiality of that information in the same manner and to the same extent as provided by law for the Authority.

      Sec. 3.  1.  Notwithstanding the provisions of NRS 706A.160, as amended by section 1 of this act, a person who, on or before October 1, 2017, entered into an agreement with a transportation network company to receive connections to potential passengers which is in effect on October 1, 2017, must, on or before the anniversary date of the agreement, provide to the company verification that the person holds a valid state business registration pursuant to chapter 76 of NRS.

 


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registration pursuant to chapter 76 of NRS. Such verification may consist of the business identification number assigned by the Secretary of State to the person entering into an agreement with the company upon compliance with the provisions of chapter 76 of NRS.

      2.  As used in this section, “transportation network company” and “company” have the meaning ascribed to them in NRS 706A.050.

________

CHAPTER 583, SB 451

Senate Bill No. 451–Committee on Judiciary

 

CHAPTER 583

 

[Approved: June 14, 2017]

 

AN ACT relating to criminal justice; creating the Nevada Sentencing Commission; prescribing the membership and duties of the Sentencing Commission; enacting various provisions relating to the Sentencing Commission; authorizing the Sentencing Commission to issue subpoenas; revising certain provisions governing the Advisory Commission on the Administration of Justice; authorizing the Sentencing Commission to request the drafting of not more than 1 legislative measure for each regular session of the Legislature; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Advisory Commission on the Administration of Justice and directs the Advisory Commission, among other duties, to identify and study the elements of this State’s system of criminal justice, including certain issues relating to the sentencing of persons convicted of felonies and gross misdemeanors. (NRS 176.0123, 176.0125) Section 5 of this bill creates the Nevada Sentencing Commission and provides for the membership of the Sentencing Commission. Section 6 of this bill prescribes the duties of the Sentencing Commission, and includes, among other duties related to the sentencing of offenders convicted of a crime, a duty to make recommendations concerning the adoption of sentencing guidelines. Section 12 of this bill repeals certain duties of the Advisory Commission on the Administration of Justice under existing law, as those duties are reenacted and replaced in section 6.

      Existing law prescribes the number of legislative measures which may be requested by various departments, agencies and other entities of this State for each regular session of the Legislature. (NRS 218D.100-218D.220) Section 17 of this bill authorizes the Nevada Sentencing Commission to request for each regular session of the Legislature the drafting of not more than 1 legislative measure which relates to matters within the scope of the Sentencing Commission.

 

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 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  (Deleted by amendment.)

 


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      Sec. 3. The Legislature hereby finds, and declares to be the public policy of this State, that:

      1.  Sentencing and corrections policies should embody fairness, consistency, proportionality and opportunity.

      2.  The laws of this State should convey a clear and purposeful rationale regarding sentencing and corrections. The statutes governing criminal justice should articulate the purpose of sentencing, and related policies and practices should be logical, understandable and transparent to stakeholders and the public.

      3.  A continuum of sentencing and corrections options should be available, with imprisonment reserved for the most serious offenders and adequate community programs for diversion and supervision of other offenders.

      4.  Sentencing and corrections policies should be resource sensitive as those policies may impact costs, inmate populations and public safety. Criminal justice agencies should strive to effectively measure costs and benefits.

      5.  Criminal justice information should be a foundation for effective data driven sentencing and corrections policies.

      6.  Sentencing and corrections policies should reflect current circumstances and needs.

      7.  Strategies to reduce crime and victimization should involve prevention, treatment, health and labor and must endeavor to utilize all available federal, academic and private resources and expertise.

      Sec. 4. As used in sections 4 to 11, inclusive, of this act, “Sentencing Commission” means the Nevada Sentencing Commission created by section 5 of this act.

      Sec. 5. 1.  The Nevada Sentencing Commission is hereby created. The Sentencing Commission consists of:

      (a) One member appointed by the Governor;

      (b) One member who is a justice of the Supreme Court of Nevada or a retired justice of the Supreme Court of Nevada, appointed by the Chief Justice of the Supreme Court of Nevada;

      (c) Two members who are judges appointed by the Chief Justice of the Supreme Court of Nevada;

      (d) One member who is a representative of the Administrative Office of the Courts appointed by the Chief Justice of the Supreme Court of Nevada;

      (e) The Director of the Department of Corrections;

      (f) The Attorney General;

      (g) One member who is a representative of the Office of the Attorney General, appointed by the Attorney General;

      (h) One member who is a district attorney, appointed by the governing body of the Nevada District Attorneys Association;

      (i) The State Public Defender;

      (j) One member who is a representative of the office of a county public defender, appointed by the governing body of the State Bar of Nevada;

      (k) One member who is an attorney in private practice, experienced in defending criminal actions, appointed by the governing body of the State Bar of Nevada;

      (l) One member who has been a victim of a crime or is a representative of an organization supporting the rights of victims of crime, appointed by the Governor;

 


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      (m) One member who is a member of the State Board of Parole Commissioners, appointed by the State Board of Parole Commissioners;

      (n) One member who is a representative of the Division of Parole and Probation of the Department of Public Safety, appointed by the Governor;

      (o) One member who is a representative of the Nevada Sheriffs’ and Chiefs’ Association, appointed by the Nevada Sheriffs’ and Chiefs’ Association;

      (p) One member who is a representative of the Las Vegas Metropolitan Police Department, appointed by the Sheriff of Clark County;

      (q) One member who is a representative of the Division of Public and Behavioral Health of the Department of Health and Human Services;

      (r) One member who is a representative of an organization that advocates on behalf of inmates, appointed by the Governor;

      (s) Two members who are Senators, one of whom is appointed by the Majority Leader of the Senate and one of whom is appointed by the Minority Leader of the Senate;

      (t) Two members who are members of the Assembly, one of whom is appointed by the Speaker of the Assembly and one of whom is appointed by the Minority Leader of the Assembly;

      (u) The Director of the Department of Employment, Training and Rehabilitation; and

      (v) One member who is a representative of an organization that works with offenders upon release from incarceration to assist in reentry into the community appointed by the Chair of the Legislative Commission.

      2.  If any organization listed in subsection 1 ceases to exist, the appointment required pursuant to that subsection must be made by the association’s successor in interest, or, if there is no successor in interest, by the Governor.

      3.  Each appointed member serves a term of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the Sentencing Commission must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

      4.  The Legislators who are members of the Sentencing Commission are entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding session for each day’s attendance at a meeting of the Sentencing Commission.

      5.  At the first regular meeting of each odd-numbered year, the members of the Sentencing Commission shall elect a Chair by majority vote who shall serve until the next Chair is elected.

      6.  The Sentencing Commission shall meet at least once every 3 months and may meet at such further times as deemed necessary by the Chair.

      7.  A member of the Sentencing Commission may designate a nonvoting alternate to attend a meeting in his or her place.

      8.  A majority of the members of the Sentencing Commission constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Sentencing Commission. A nonvoting alternate designated by a member pursuant to subsection 7 who attends a meeting of the Sentencing Commission for which the alternate is designated shall be deemed to be a member of the Sentencing Commission for the purpose of determining whether a quorum exists.

 


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Sentencing Commission for which the alternate is designated shall be deemed to be a member of the Sentencing Commission for the purpose of determining whether a quorum exists.

      9.  While engaged in the business of the Sentencing Commission, to the extent of legislative appropriation, each member of the Sentencing Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      10.  To the extent of legislative appropriation, the Director of the Legislative Counsel Bureau shall provide the Sentencing Commission with such staff as is necessary to carry out the duties of the Sentencing Commission.

      Sec. 6. The Sentencing Commission shall:

      1.  Advise the Legislature on proposed legislation and make recommendations with respect to all matters relating to the elements of this State’s system of criminal justice which affect the sentences imposed for felonies and gross misdemeanors.

      2.  Evaluate the effectiveness and fiscal impact of various policies and practices regarding sentencing which are employed in this State and other states, including, without limitation, the use of plea bargaining, probation, programs of intensive supervision, programs of regimental discipline, imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and distribution of controlled substances, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration.

      3.  Recommend changes in the structure of sentencing in this State which, to the extent practicable and with consideration for their fiscal impact, incorporate general objectives and goals for sentencing, including, without limitation, the following:

      (a) Offenders must receive sentences that increase in direct proportion to the severity of their crimes and their histories of criminality.

      (b) Offenders who have extensive histories of criminality or who have exhibited a propensity to commit crimes of a predatory or violent nature must receive sentences which reflect the need to ensure the safety and protection of the public and which allow for the imprisonment for life of such offenders.

      (c) Offenders who have committed offenses that do not include acts of violence and who have limited histories of criminality must receive sentences which reflect the need to conserve scarce economic resources through the use of various alternatives to traditional forms of incarceration.

      (d) Offenders with similar histories of criminality who are convicted of similar crimes must receive sentences that are generally similar.

      (e) Offenders sentenced to imprisonment must receive sentences which do not confuse or mislead the public as to the actual time those offenders must serve while incarcerated or before being released from confinement or supervision.

      (f) Offenders must not receive disparate sentences based upon factors such as race, gender or economic status.

      (g) Offenders must receive sentences which are based upon the specific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication demonstrated by the offender’s acts before, during and after commission of the offense.

 


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offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication demonstrated by the offender’s acts before, during and after commission of the offense.

      4.  Facilitate the development and maintenance of a statewide sentencing database in collaboration with state and local agencies, using existing databases or resources where appropriate.

      5.  Provide training regarding sentencing and related issues, policies and practices, and act as a sentencing policy resource for this State.

      6.  Evaluate the impact of pretrial, sentencing diversion, incarceration and postrelease supervision programs.

      7.  Identify potential areas of sentencing disparity related to race, gender and economic status.

      8.  Propose and recommend statutory sentencing guidelines, based on reasonable offense and offender characteristics which aim to preserve judicial discretion and provide for individualized sentencing, for the use of the district courts. If such guidelines are enacted by the Legislature, the Sentencing Commission shall review and propose any recommended changes.

      9.  Evaluate whether sentencing guidelines recommended pursuant to subsection 8 should be mandatory and if judicial findings should be required for any departures from the sentencing guidelines.

      10.  For each regular session of the Legislature, prepare a comprehensive report including:

      (a) The Sentencing Commission’s recommended changes pertaining to sentencing;

      (b) The Sentencing Commission’s findings and any recommendations for proposed legislation; and

      (c) A reference to any legislative measure requested pursuant to section 17 of this act.

Ê The report must be submitted to the Director of the Legislative Counsel Bureau for distribution to the Legislature not later than January 1 of each odd-numbered year.

      Sec. 7. 1.  The Chair of the Sentencing Commission may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or private source to carry out the provisions of sections 4 to 11, inclusive, of this act.

      2.  Any money received pursuant to this section must be deposited in the Special Account for the Support of the Nevada Sentencing Commission, which is hereby created in the State General Fund. Interest and income earned on money in the Account must be credited to the Account. Money in the Account may only be used for the support of the Sentencing Commission and its activities pursuant to sections 4 to 11, inclusive, of this act.

      Sec. 8. 1.  To carry out its powers and duties pursuant to sections 4 to 11, inclusive, of this act, the Sentencing Commission, or any member thereof acting on behalf of the Sentencing Commission with a concurrence of a majority of the members of the Sentencing Commission, may issue subpoenas to compel the attendance of witnesses and the production of books, records, documents or other papers and testimony.

 


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      2.  If any person fails to comply with a subpoena issued by the Sentencing Commission or any member thereof pursuant to this section within 20 days after the date of service of the subpoena, the Sentencing Commission may petition the district court for an order of the court compelling compliance with the subpoena.

      3.  Upon such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 20 days after the date of service of the order, and show cause why the person has not complied with the subpoena. A certified copy of the order must be served upon the person subpoenaed.

      4.  If it appears to the court that the subpoena was regularly issued by the Sentencing Commission or a member thereof pursuant to this section, the court shall enter an order compelling compliance with the subpoena, and upon failure to obey the order the person shall be dealt with as for contempt of court.

      Sec. 9. 1.  The Department of Corrections shall:

      (a) Provide the Sentencing Commission with any available statistical information or research requested by the Sentencing Commission and assist the Sentencing Commission in the compilation and development of information requested by the Sentencing Commission, including, without limitation, information or research concerning the facilities and institutions of the Department of Corrections, the offenders who are or were within those facilities or institutions, rates of recidivism, the effectiveness of educational and vocational programs and the sentences which are being served or were served by those offenders;

      (b) If requested by the Sentencing Commission, make available to the Sentencing Commission the use of the computers and programs which are owned by the Department of Corrections; and

      (c) Provide the independent contractor retained by the Department of Administration pursuant to NRS 176.0129 with any available statistical information requested by the independent contractor for the purpose of performing the projections required by NRS 176.0129.

      2.  The Division shall:

      (a) Provide the Sentencing Commission with any available statistical information or research requested by the Sentencing Commission and assist the Sentencing Commission in the compilation and development of information concerning sentencing, probation, parole and any offenders who are or were subject to supervision by the Division;

      (b) If requested by the Sentencing Commission, make available to the Sentencing Commission the use of the computers and programs which are owned by the Division; and

      (c) Provide the independent contractor retained by the Department of Administration pursuant to NRS 176.0129 with any available statistical information requested by the independent contractor for the purpose of performing the projections required by NRS 176.0129.

      Sec. 10. The Central Repository for Nevada Records of Criminal History shall provide the Sentencing Commission with any statistical data and information required to be collected pursuant to NRS 176.0128, as requested by the Sentencing Commission.

 


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      Sec. 11. The Department of Administration shall provide the Sentencing Commission with any projections on persons imprisoned, on probation, on parole and serving a term of residential confinement required pursuant to NRS 176.0129, as requested by the Sentencing Commission.

      Sec. 12. NRS 176.0125 is hereby amended to read as follows:

      176.0125  The Commission shall:

      1.  [Identify] Except as otherwise provided pursuant to section 6 of this act, evaluate and study the elements of this State’s system of criminal justice . [which affect the sentences imposed for felonies and gross misdemeanors.

      2.  Evaluate the effectiveness and fiscal impact of various policies and practices regarding sentencing which are employed in this State and other states, including, but not limited to, the use of plea bargaining, probation, programs of intensive supervision, programs of regimental discipline, imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and distribution of controlled substances, structured or tiered sentencing, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration.

      3.  Recommend changes in the structure of sentencing in this State which, to the extent practicable and with consideration for their fiscal impact, incorporate general objectives and goals for sentencing, including, but not limited to, the following:

      (a) Offenders must receive sentences that increase in direct proportion to the severity of their crimes and their histories of criminality.

      (b) Offenders who have extensive histories of criminality or who have exhibited a propensity to commit crimes of a predatory or violent nature must receive sentences which reflect the need to ensure the safety and protection of the public and which allow for the imprisonment for life of such offenders.

      (c) Offenders who have committed offenses that do not include acts of violence and who have limited histories of criminality must receive sentences which reflect the need to conserve scarce economic resources through the use of various alternatives to traditional forms of incarceration.

      (d) Offenders with similar histories of criminality who are convicted of similar crimes must receive sentences that are generally similar.

      (e) Offenders sentenced to imprisonment must receive sentences which do not confuse or mislead the public as to the actual time those offenders must serve while incarcerated or before being released from confinement or supervision.

      (f) Offenders must not receive disparate sentences based upon factors such as race, gender or economic status.

      (g) Offenders must receive sentences which are based upon the specific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication demonstrated by the offender’s acts before, during and after commission of the offense.

      4.]2.  Evaluate the effectiveness and efficiency of the Department of Corrections and the State Board of Parole Commissioners with consideration as to whether it is feasible and advisable to establish an oversight or advisory board to perform various functions and make recommendations concerning:

 


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      (a) Policies relating to parole;

      (b) Regulatory procedures and policies of the State Board of Parole Commissioners;

      (c) Policies for the operation of the Department of Corrections;

      (d) Budgetary issues; and

      (e) Other related matters.

      [5.]3.  Evaluate the effectiveness of specialty court programs in this State with consideration as to whether such programs have the effect of limiting or precluding reentry of offenders and parolees into the community.

      [6.]4.  Evaluate the policies and practices concerning presentence investigations and reports made by the Division of Parole and Probation of the Department of Public Safety, including, without limitation, the resources relied on in preparing such investigations and reports and the extent to which judges in this State rely on and follow the recommendations contained in such presentence investigations and reports.

      [7.]5.  Evaluate, review and comment upon issues relating to juvenile justice in this State, including, but not limited to:

      (a) The need for the establishment and implementation of evidence-based programs and a continuum of sanctions for children who are subject to the jurisdiction of the juvenile court; and

      (b) The impact on the criminal justice system of the policies and programs of the juvenile justice system.

      [8.  Compile and develop statistical information concerning sentencing in this State.

      9.]6.  Identify and study issues relating to the application of chapter 241 of NRS to meetings held by the:

      (a) State Board of Pardons Commissioners to consider an application for clemency; and

      (b) State Board of Parole Commissioners to consider an offender for parole.

      [10.]7.  Identify and study issues relating to the operation of the Department of Corrections, including, without limitation, the system for allowing credits against the sentences of offenders, the accounting of such credits and any other policies and procedures of the Department which pertain to the operation of the Department.

      [11.]8.  Evaluate the policies and practices relating to the involuntary civil commitment of sexually dangerous persons.

      [12.]9.  Identify and study the impacts and effects of collateral consequences of convictions in this State. Such identification and study:

      (a) Must cause to be identified any provision in the Nevada Constitution, the Nevada Revised Statutes and the Nevada Administrative Code which imposes a collateral sanction or authorizes the imposition of a disqualification, and any provision of law that may afford relief from a collateral consequence;

      (b) May rely on the study of this State’s collateral sanctions, disqualifications and relief provisions prepared by the National Institute of Justice described in section 510 of the Court Security Improvement Act of 2007, Public Law 110-177; and

      (c) Must include the posting of a hyperlink on the Commission’s website to any study of this State’s collateral sanctions, disqualifications and relief provisions prepared by the National Institute of Justice described in section 510 of the Court Security Improvement Act of 2007, Public Law 110-177.

 


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      [13.]10.  For each regular session of the Legislature, prepare a comprehensive report including the Commission’s recommended changes pertaining to the administration of justice in this State, the Commission’s findings and any recommendations of the Commission for proposed legislation. The report must be submitted to the Director of the Legislative Counsel Bureau for distribution to the Legislature not later than September 1 of each even-numbered year.

      Secs. 13-16. (Deleted by amendment.)

      Sec. 17. Chapter 218D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For a regular session, the Nevada Sentencing Commission created by section 5 of this act may request the drafting of not more than 1 legislative measure which relates to matters within the scope of the Commission. The request must be submitted to the Legislative Counsel on or before September 1 preceding the regular session.

      2.  A request made pursuant to this section must be on a form prescribed by the Legislative Counsel. A legislative measure requested pursuant to this section must be prefiled on or before the third Wednesday in November preceding the regular session. A legislative measure that is not prefiled on or before that day shall be deemed withdrawn.

      3.  The Legislative Counsel shall not assign a number to a request for the drafting of a legislative measure submitted pursuant to this section to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.

      Sec. 18. NRS 218D.100 is hereby amended to read as follows:

      218D.100  1.  The provisions of NRS 218D.100 to 218D.220, inclusive, and section 17 of this act apply to requests for the drafting of legislative measures for a regular session.

      2.  Except as otherwise provided by a specific statute, joint rule or concurrent resolution, the Legislative Counsel shall not honor a request for the drafting of a legislative measure if the request:

      (a) Exceeds the number of requests authorized by NRS 218D.100 to 218D.220, inclusive, and section 17 of this act for the requester; or

      (b) Is submitted by an authorized nonlegislative requester pursuant to NRS 218D.175 to 218D.220, inclusive, and section 17 of this act but is not in a subject related to the function of the requester.

      3.  The Legislative Counsel shall not:

      (a) Assign a number to a request for the drafting of a legislative measure to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.

      (b) Honor a request to change the subject matter of a request for the drafting of a legislative measure after it has been submitted for drafting.

      (c) Honor a request for the drafting of a legislative measure which has been combined in violation of Section 17 of Article 4 of the Nevada Constitution.

      Sec. 18.5.  1.  There is hereby appropriated from the State General Fund to the Legislative Fund the sum of $8,336 for the operating and other costs relating to the participation of the legislative members of the Nevada Sentencing Commission created by section 5 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 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.

 


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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. 19.  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. 20.  This act becomes effective on July 1, 2017.

________

CHAPTER 584, AB 36

Assembly Bill No. 36–Committee on Legislative Operations and Elections

 

CHAPTER 584

 

[Approved: June 14, 2017]

 

AN ACT relating to the City of Reno; revising provisions relating to appointive officers and employees; creating a sixth ward for the City; requiring that a candidate for Council Member be voted upon in a special or general election only by the registered voters of the ward that the candidate seeks to represent; revising provisions relating to interactions between the City Council and employees; eliminating the office of the Council Member who represents the City at large; requiring the City Council to adopt an ordinance requiring the Mayor and Council Members to submit reports of campaign contributions in certain years; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The existing Charter of the City of Reno specifies the persons within the City government who are considered appointive officers and also describes appointive employees of the City who: (1) are not appointive officers but regularly assist an appointive officer; (2) have duties that consist of administrative work directly related to management policies; and (3) have positions that require them customarily to exercise discretion and independent judgment. (Reno City Charter §§ 1.012, 1.090) The existing Charter of the City of Reno also authorizes the City Manager to appoint such staff as necessary for the functioning of the office, including specified appointive employees. (Reno City Charter § 3.020) Section 1 of this bill clarifies the definition of “appointive employee.” Section 6 of this bill authorizes the City Manager to appoint such staff as necessary for the functioning of the City, subject to certain limitations on the number of appointive offices and positions.

      The existing Charter of the City of Reno prohibits the Mayor or any Council Member from dictating the appointment, suspension or removal of any appointive employee. The existing Charter also prohibits the City Council or its members from dealing directly with an appointive employee, instead of the City Manager, on matters pertaining to City business, except for the purpose of inquiry. (Reno City Charter § 3.140) Section 7 of this bill prohibits the Mayor or a Council Member from dictating the appointment, suspension or removal of any employee unless specifically authorized in the Charter. Section 7 also removes the exception authorizing the City Council or its members to deal directly with an employee for the purpose of inquiry and instead: (1) requires the City Council to deal directly with the City Manager; and (2) prohibits the City Council from giving any order to any subordinate to the City Manager.

 


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ê2017 Statutes of Nevada, Page 4196 (Chapter 584, AB 36)ê

 

      Existing law requires candidates for public office to report campaign contributions. Five reports are required during the calendar year in which the office is up for election, and one report is required during each year in which the office is not up for election. (NRS 294A.120) Section 8 of this bill requires the City Council of the City of Reno to adopt an ordinance requiring the Mayor and each Council Member to report the campaign contributions received during every year other than the year in which the general election for that office is held. These reports are in addition to the existing reports required of candidates for public office.

      The existing Charter of the City of Reno divides the City into five wards, each of which is represented on the City Council by a Council Member. A sixth Council Member represents the City at large. (Reno City Charter §§ 1.050, 2.010) The existing Charter of the City of Reno also provides that the candidates for Council Member to represent a particular ward must be voted on in a primary election only by the registered voters of that ward and, in a general election, must be elected by the registered voters of the City at large. (Reno City Charter §§ 5.010, 5.020)

      Sections 9 and 11 of this bill amend the Charter of the City of Reno to provide that all candidates for Council Member to represent a particular ward must be elected in a general election only by the registered voters of that ward. Section 2 of this bill increases the number of wards in the City of Reno to six. Section 10 of this bill replaces the office of Council Member at large with the office of Council Member to represent the newly created sixth ward, and sections 4, 5 and 12 of this bill provide conforming changes to account for that replacement. Section 13 of this bill requires the City Council to establish the boundaries of the sixth ward, and alter the boundaries of the first through fifth wards accordingly, after the completion of the 2020 federal decennial census and before January 1, 2024. Under sections 14 and 15 of this bill, the Council Member who represents the sixth ward will first be elected at the 2024 general election. Section 14 also provides that Council Members representing wards one through five who are in office on January 1, 2024, will continue to represent those wards notwithstanding the altered boundaries for the remainders of their terms and that the Council Member who represents the City at large, who was last elected at the 2020 general election, will continue to represent the City at large for the remainder of his or her term.

      Existing law requires that a vacancy in the office of a Council Member be filled by appointment by a majority vote of the City Council unless the City Council calls a special election to fill the vacancy. Section 3 of this bill provides that if a special election is held to fill the vacancy in the office of Council Member who represents a ward, only registered voters of that ward may vote at the special election.

 

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.  Section 1.012 of the Charter of the City of Reno, being chapter 349, Statutes of Nevada 2013, as amended by chapter 163, Statutes of Nevada 2015, at page 766, is hereby amended to read as follows:

       Sec. 1.012  “Appointive employee” defined.  “Appointive employee” means a person described in subsection 5 of section 1.090 who is appointed to an appointive position established by ordinance pursuant to subsection 4 of section 1.090 . [or a position described in subsection 5 of section 1.090.]

 


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ê2017 Statutes of Nevada, Page 4197 (Chapter 584, AB 36)ê

 

      Sec. 2. Section 1.050 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 327, Statutes of Nevada 1999, at page 1365, is hereby amended to read as follows:

       Sec. 1.050  Wards: Creation; boundaries.

       1.  The City must be divided into [five] six wards, which must be as nearly equal in population as can be conveniently provided. The territory comprising each ward must be contiguous, except that if any territory of the City which is not contiguous to the remainder of the City does not contain sufficient population to constitute a separate ward, it may be placed in any ward of the City.

       2.  The boundaries of the wards must be established and changed by ordinance, passed by a vote of at least five-sevenths of the City Council. The boundaries of the wards:

       (a) Must be changed whenever the population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, in any ward exceeds the population in any other ward by more than 5 percent.

       (b) May be changed to include territory that has been annexed, or whenever the population in any ward exceeds the population in another ward by more than 5 percent by any measure that is found to be reliable by the City Council.

      Sec. 3. Section 1.070 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 163, Statutes of Nevada 2015, at page 767, is hereby amended to read as follows:

       Sec. 1.070  Elective offices: Vacancies.

       1.  Except as otherwise provided in this section, a vacancy in the City Council or in the office of City Attorney or Municipal Judge must be filled by a majority vote of the members of the City Council within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the City Council before the vacancy occurs. In filling a prospective vacancy, each member of the Council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the Council pursuant to this section. The appointee must have the same qualifications as are required of the elective official. The appointee shall serve until the next general municipal election and until his or her successor is elected and qualified.

       2.  If a prospective vacancy or vacancy occurs in [an] the office of a City Council [,] Member, in lieu of appointment, the City Council may, by resolution, declare a special election to fill the vacancy for the remainder of the unexpired term. The resolution declaring a special election must be adopted within 30 days after the occurrence of the vacancy and must state the date set by the City Council for the special election. In the case of a prospective vacancy, the Council may adopt the resolution before the vacancy occurs, but the special election may not be held until after the vacancy occurs. The special election must be conducted in accordance with the provisions of the resolution declaring the special election and section 5.030 of this Charter. A person elected to fill a vacancy at a special election must have the same qualifications as are required of the elected official.

 


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ê2017 Statutes of Nevada, Page 4198 (Chapter 584, AB 36)ê

 

       3.  A candidate at a special election to fill a vacancy in the office of a City Council Member who represents a ward must be elected only by the registered voters of the ward that the candidate seeks to represent.

      Sec. 4. Section 1.070 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 163, Statutes of Nevada 2015, at page 767, is hereby amended to read as follows:

       Sec. 1.070  Elective offices: Vacancies.

       1.  Except as otherwise provided in this section, a vacancy in the City Council or in the office of City Attorney or Municipal Judge must be filled by a majority vote of the members of the City Council within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the City Council before the vacancy occurs. In filling a prospective vacancy, each member of the Council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the Council pursuant to this section. The appointee must have the same qualifications as are required of the elective official. The appointee shall serve until the next general municipal election and until his or her successor is elected and qualified.

       2.  If a prospective vacancy or vacancy occurs in the office of a City Council Member, in lieu of appointment, the City Council may, by resolution, declare a special election to fill the vacancy for the remainder of the unexpired term. The resolution declaring a special election must be adopted within 30 days after the occurrence of the vacancy and must state the date set by the City Council for the special election. In the case of a prospective vacancy, the Council may adopt the resolution before the vacancy occurs, but the special election may not be held until after the vacancy occurs. The special election must be conducted in accordance with the provisions of the resolution declaring the special election and section 5.030 of this Charter. A person elected to fill a vacancy at a special election must have the same qualifications as are required of the elected official.

       3.  A candidate at a special election to fill a vacancy in the office of a City Council Member [who represents a ward] must be elected only by the registered voters of the ward that the candidate seeks to represent.

      Sec. 5. Section 2.010 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 327, Statutes of Nevada 1999, at page 1366, is hereby amended to read as follows:

       Sec. 2.010  Mayor and City Council: Qualifications; election; term of office; salary.

       1.  The legislative power of the City is vested in a City Council consisting of six Council Members and a Mayor.

       2.  The Mayor and Council Members must be qualified electors within the City. Each Council Member elected from a ward must continue to live in that ward for as long as he or she represents the ward.

       3.  The Mayor [and one Council Member represent] represents the City at large and one Council Member represents each ward. The Mayor and Council Members serve for terms of 4 years.

 


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ê2017 Statutes of Nevada, Page 4199 (Chapter 584, AB 36)ê

 

       4.  The Mayor and Council Members are entitled to receive a salary in an amount fixed by the City Council.

      Sec. 6. Section 3.020 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 163, Statutes of Nevada 2015, at page 771, is hereby amended to read as follows:

       Sec. 3.020  City Manager: Duties; compensation; residency; vacancy.

       1.  The City Manager is the Chief Executive and Administrative Officer of the City Government. He or she is responsible to the City Council for the proper administration of all affairs of the City. The duties and salary of the City Manager must be fixed by the City Council and he or she is entitled to be reimbursed for all expenses incurred in the performance of his or her duties.

       2.  Except as otherwise provided in this subsection, the City Manager must actually, as opposed to constructively, reside in the State. A person who is appointed as City Manager by the City Council must become an actual resident of the State not later than 6 months after the date of his or her appointment.

       3.  Any vacancy in the City Manager position must be filled by the City Council not later than 6 months after the vacancy occurs.

       4.  [The] Subject to the provisions of section 1.090, the City Manager may appoint such staff as he or she deems necessary for the proper functioning of [his or her office, including, without limitation:

       (a) A Chief of Staff, who is an appointive officer and not subject to the provisions of article IX of this Charter.

       (b) One or more Assistant City Managers, who are appointive officers and not subject to the provisions of article IX of this Charter.

       (c) An Executive Assistant, who is an appointive officer and not subject to the provisions of article IX of this Charter.

       (d) Clerical and office support staff, who are subject to the provisions of article IX of this Charter.] the City.

       5.  The City Manager may designate an acting City Manager to serve in his or her absence or, if he or she fails to do so, the City Council may appoint an acting City Manager.

       6.  No member of the City Council may be appointed as City Manager during the term for which he or she was elected, or for 1 year thereafter.

       7.  The City Manager shall appoint all officers and employees of the City and may remove any officer or employee of the City except as otherwise provided in this Charter. The City Manager may authorize the head of a department or office to appoint or remove his or her subordinates.

      Sec. 7. Section 3.140 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 163, Statutes of Nevada 2015, at page 773, is hereby amended to read as follows:

       Sec. 3.140  Interference and direction by City Council.

       1.  [The] Except as specifically authorized in this Charter, the Mayor or Council Members shall not dictate the appointment, suspension or removal of any [appointive] employee. No person covered by the rules and regulations of the Commission may be appointed, suspended or removed except as provided in those rules and regulations.

 


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ê2017 Statutes of Nevada, Page 4200 (Chapter 584, AB 36)ê

 

covered by the rules and regulations of the Commission may be appointed, suspended or removed except as provided in those rules and regulations.

       2.  Any action directed by the City Council in a public meeting shall be deemed to be direction to the City Manager and not to any subordinate of the City Manager. The City Council [or] and its members shall [not:

       (a) Deal] deal directly with [an appointive employee on a matter pertaining to City business, except for the purpose of inquiry, but shall deal through] the City Manager [; or

       (b) Give] and shall not give any order, publicly or privately, to any subordinate of the City Manager.

      Sec. 8. The Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1962, is hereby amended by adding thereto a new section to be designated as section 5.120 immediately following section 5.110, to read as follows:

       Sec. 5.120  Reports of Campaign Contributions.

       1.  The City Council shall adopt an ordinance requiring the Mayor and each member of the City Council to report contributions received during every year other than the year in which the general election for that office is held.

       2.  The reports required by an ordinance adopted pursuant to subsection 1 must be in addition to the reports required by chapter 294A of NRS.

       3.  As used in this section, “contribution” has the meaning ascribed to it in NRS 294A.007.

      Sec. 9. Section 5.010 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 349, Statutes of Nevada 2013, at page 1828, is hereby amended to read as follows:

       Sec. 5.010  General elections.

       1.  On the date fixed by the election laws of the State for the statewide general election in November 2002, and at each successive interval of 6 years, there must be elected [by the qualified voters of the City,] at the general election, a Municipal Judge, who holds office for a term of 6 years and until his or her successor has been elected and qualified.

       2.  On the date fixed by the election laws of the State for the statewide general election in November 2002, and at each successive interval of 4 years, there must be elected [by the qualified voters of the City,] at the general election, a Mayor, Council Members from the second and fourth wards, and a City Attorney, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.

       3.  On the date fixed by the election laws of the State for the statewide general election in November 2004, and at each successive interval of 6 years, there must be elected [by the qualified voters of the City,] at the general election, one or more Municipal Judges, other than the Municipal Judge referred to in subsection 1, all of whom hold office for a term of 6 years and until their successors have been elected and qualified.

       4.  On the date fixed by the election laws of the State for the statewide general election in November 2004, and at each successive interval of 4 years, there must be elected [by the qualified voters of the City,] at the general election, Council Members from the first, third and fifth wards and one Council Member at large, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.

 


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ê2017 Statutes of Nevada, Page 4201 (Chapter 584, AB 36)ê

 

interval of 4 years, there must be elected [by the qualified voters of the City,] at the general election, Council Members from the first, third and fifth wards and one Council Member at large, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.

       5.  In the general election:

       (a) A candidate for the office of Council Member who represents a ward must be elected only by the registered voters of the ward that the candidate seeks to represent.

       (b) Candidates for the offices of Mayor, Municipal Judge, City Attorney and Council Member at large must be elected by the registered voters of the city at large.

      Sec. 10. Section 5.010 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 349, Statutes of Nevada 2013, at page 1828, is hereby amended to read as follows:

       Sec. 5.010  General elections.

       1.  On the date fixed by the election laws of the State for the statewide general election in November 2002, and at each successive interval of 6 years, there must be elected at the general election, a Municipal Judge, who holds office for a term of 6 years and until his or her successor has been elected and qualified.

       2.  On the date fixed by the election laws of the State for the statewide general election in November 2002, and at each successive interval of 4 years, there must be elected at the general election, a Mayor, Council Members from the second and fourth wards, and a City Attorney, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.

       3.  On the date fixed by the election laws of the State for the statewide general election in November 2004, and at each successive interval of 6 years, there must be elected at the general election, one or more Municipal Judges, other than the Municipal Judge referred to in subsection 1, all of whom hold office for a term of 6 years and until their successors have been elected and qualified.

       4.  On the date fixed by the election laws of the State for the statewide general election in November 2004, and at each successive interval of 4 years, there must be elected at the general election, Council Members from the first, third and fifth wards [and one Council Member at large,] all of whom hold office for a term of 4 years and until their successors have been elected and qualified.

       5.  On the date fixed by the election laws of the State for the statewide general election in November 2024, and at each successive interval of 4 years, there must be elected at the general election a Council Member from the sixth ward, who holds office for a term of 4 years and until his or her successor has been elected and qualified.

       6.  In the general election:

       (a) A candidate for the office of Council Member [who represents a ward] must be elected only by the registered voters of the ward that the candidate seeks to represent.

       (b) Candidates for the offices of Mayor, Municipal Judge [,] and City Attorney [and Council Member at large] must be elected by the registered voters of the city at large.

 


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ê2017 Statutes of Nevada, Page 4202 (Chapter 584, AB 36)ê

 

      Sec. 11. Section 5.020 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 349, Statutes of Nevada 2013, at page 1829, is hereby amended to read as follows:

       Sec. 5.020  Primary elections; declaration of candidacy.

       1.  A candidate for any office to be voted for at an election must file a declaration of candidacy with the City Clerk. All filing fees collected by the City Clerk must be deposited to the credit of the General Fund of the City.

       2.  If for any general election, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the date fixed by the election laws of the State for statewide elections, at which time there must be nominated candidates for the office to be voted for at the next general election. If for any general election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election. The general election must be held on the date fixed by the election laws of the State for the statewide general election.

       3.  In the primary election:

       (a) The names of the two candidates for Municipal Judge, City Attorney or a particular City Council seat, as the case may be, who receive the highest number of votes must be placed on the ballot for the general election.

       (b) Candidates for Council Member who represent a specific ward must be voted upon only by the registered voters of that ward.

       (c) Candidates for Mayor , Municipal Judge, City Attorney and Council Member at large must be voted upon by all registered voters of the City.

       [4.  The Mayor and all Council Members must be voted upon by all registered voters of the City at the general election.]

      Sec. 12.  Section 5.020 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 349, Statutes of Nevada 2013, at page 1829, is hereby amended to read as follows:

       Sec. 5.020  Primary elections; declaration of candidacy.

       1.  A candidate for any office to be voted for at an election must file a declaration of candidacy with the City Clerk. All filing fees collected by the City Clerk must be deposited to the credit of the General Fund of the City.

       2.  If for any general election, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the date fixed by the election laws of the State for statewide elections, at which time there must be nominated candidates for the office to be voted for at the next general election. If for any general election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election. The general election must be held on the date fixed by the election laws of the State for the statewide general election.

       3.  In the primary election:

 


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ê2017 Statutes of Nevada, Page 4203 (Chapter 584, AB 36)ê

 

       (a) The names of the two candidates for Municipal Judge, City Attorney or a particular City Council seat, as the case may be, who receive the highest number of votes must be placed on the ballot for the general election.

       (b) Candidates for Council Member who represent a specific ward must be voted upon only by the registered voters of [that] the ward [.] that the candidate seeks to represent.

       (c) Candidates for Mayor, Municipal Judge [,] and City Attorney [and Council Member at large] must be voted upon by all registered voters of the City.

      Sec. 13.  After the completion of the 2020 decennial census of the Bureau of the Census of the United States Department of Commerce, and before January 1, 2024, the City Council of the City of Reno shall establish the boundaries of the additional ward created by the provisions of section 1.050 of the Charter of the City of Reno, as amended by section 2 of this act, which must be designated the sixth ward, and change the boundaries of the first through fifth wards to comply with the provisions of section 1.050 of the Charter of the City of Reno, as amended by section 2 of this act.

      Sec. 14.  Notwithstanding the provisions of sections 2.010 and 5.010 of the Charter of the City of Reno, as amended by sections 5 and 10 of this act:

      1.  A Council Member of the City or Reno who holds office on January 1, 2024:

      (a) If elected or appointed to represent a ward, shall continue to represent that ward for the remainder of his or her term of office.

      (b) If elected or appointed to represent the City at large, shall continue to represent the City at large for the remainder of his or her term of office.

      2.  The sixth ward created by the provisions of section 1.050 of the Charter of the City of Reno, as amended by section 2 of this act, must be filled initially at the general election held on the date fixed by the election laws of the State for the statewide general election in November 2024 and shall not be deemed to be vacant before that time.

      Sec. 15.  1.  This section and sections 1, 3, 6 to 9, inclusive, 11 and 13 of this act become effective on July 1, 2017.

      2.  Sections 2, 4, 5, 10, 12 and 14 of this act become effective:

      (a) On July 1, 2017, for the purpose of passing ordinances, establishing the boundaries of the additional ward created by the provisions of section 1.050 of the Charter of the City of Reno, as amended by section 2 of this act, changing the boundaries of the first through fifth wards to comply with the provisions of section 1.050 of the Charter of the City of Reno, as amended by section 2 of this act, and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      (b) On January 1, 2024, for all other purposes.

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ê2017 Statutes of Nevada, Page 4204 (Chapter 584, AB 36)ê

 

EMERGENCY REQUEST of Senate Majority Leader

 

CHAPTER 585, SB 540

Senate Bill No. 540–Senators Ford, Denis, Parks, Spearman, Atkinson; Cancela, Cannizzaro, Farley, Manendo, Ratti, Segerblom and Woodhouse

 

Joint Sponsor: Assemblyman Frierson

 

CHAPTER 585

 

[Approved: June 14, 2017]

 

AN ACT relating to firefighters; directing the Legislative Commission to authorize the construction or installation of a memorial to Nevada firefighters on the Capitol Complex; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill directs the Legislative Commission to authorize the construction or installation of a memorial to the firefighters of this State on the grounds of the Capitol Complex. This bill also requires the Legislative Commission to select the design of the memorial from three alternative designs for such a memorial submitted by the Professional Firefighters of Nevada. Before submitting the alternative designs, this bill requires the Professional Firefighters of Nevada to consult with professional and volunteer firefighter organizations not represented by the Professional Firefighters of Nevada. Finally, this bill prohibits public money from being spent for the design, construction or installation of the memorial.

 

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.  1.  The Legislative Commission shall, upon compliance with the provisions of this section, permit the Professional Firefighters of Nevada to construct or install a memorial to the firefighters of this State. The memorial must be constructed or installed at an appropriate location on the Capitol Complex as determined by the Legislative Commission.

      2.  The Professional Firefighters of Nevada shall submit to the Legislative Commission three alternative designs for the memorial. The Legislative Commission shall review the designs and select the one it considers most appropriate.

      3.  Before submitting the alternative designs to the Legislative Commission pursuant to subsection 2, the Professional Firefighters of Nevada shall consult with professional and volunteer firefighter organizations in this State which are not represented by the Professional Firefighters of Nevada.

      4.  No public money may be spent for the design, construction or installation of the memorial.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 


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ê2017 Statutes of Nevada, Page 4205 (Chapter 585, SB 540)ê

 

EMERGENCY REQUEST of Senate Majority Leader

 

CHAPTER 586, SB 541

Senate Bill No. 541–Senators Ford, Denis, Parks, Spearman, Atkinson; Cancela, Cannizzaro, Farley, Manendo, Ratti, Segerblom and Woodhouse

 

Joint Sponsors: Assemblymen Ellison and Frierson

 

CHAPTER 586

 

[Approved: June 14, 2017]

 

AN ACT relating to crimes; enhancing the criminal penalty for certain crimes committed against first responders; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill provides that any person who willfully commits certain crimes because of the fact that the victim is a first responder, which section 1 defines as any peace officer, firefighter or emergency medical provider acting in the normal course of duty, may, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 193 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in NRS 193.169, any person who willfully violates any provision of NRS 200.030, 200.050, 200.280, 200.310, 200.366, 200.380, 200.400, 200.460, NRS 200.471 which is punishable as a felony, NRS 200.481 which is punishable as a felony, NRS 205.0832 which is punishable as a felony, NRS 205.220, 205.226, 205.228, 205.270 or 206.150 because of the fact that the victim is a first responder may, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years. In determining the length of any additional penalty imposed, the court shall consider the following information:

      (a) The facts and circumstances of the crime;

      (b) The criminal history of the person;

      (c) The impact of the crime on any victim;

      (d) Any mitigating factors presented by the person; and

      (e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of any additional penalty imposed.

      2.  A sentence imposed pursuant to this section:

 


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ê2017 Statutes of Nevada, Page 4206 (Chapter 586, SB 541)ê

 

      (a) Must not exceed the sentence imposed for the crime; and

      (b) Runs consecutively with the sentence prescribed by statute for the crime.

      3.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      4.  As used in this section, “first responder” means any peace officer, firefighter or emergency medical provider acting in the normal course of duty. As used in this subsection:

      (a) “Emergency medical provider” has the meaning ascribed to it in NRS 450B.199.

      (b) “Firefighter” has the meaning ascribed to it in NRS 450B.071.

      (c) “Peace officer” has the meaning ascribed to it in NRS 169.125.

      Sec. 2. NRS 193.169 is hereby amended to read as follows:

      193.169  1.  A person who is sentenced to an additional term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.166, 193.167, 193.1675, 193.168, subsection 1 of NRS 193.1685, NRS 453.3335, 453.3345, 453.3351 or subsection 1 of NRS 453.3353 or section 1 of this act must not be sentenced to an additional term of imprisonment pursuant to any of the other listed sections even if the person’s conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.

      2.  A person who is sentenced to an alternative term of imprisonment pursuant to subsection 3 of NRS 193.161, subsection 3 of NRS 193.1685 or subsection 2 of NRS 453.3353 must not be sentenced to an additional term of imprisonment pursuant to subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.166, 193.167, 193.1675, 193.168, 453.3335, 453.3345 or 453.3351 or section 1 of this act even if the person’s conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.

      3.  This section does not:

      (a) Affect other penalties or limitations upon probation or suspension of a sentence contained in the sections listed in subsection 1 or 2.

      (b) Prohibit alleging in the alternative in the indictment or information that the person’s conduct satisfies the requirements of more than one of the sections listed in subsection 1 or 2 and introducing evidence to prove the alternative allegations.

      Sec. 3. The amendatory provisions of this act apply to an offense committed on or after October 1, 2017.

________

 


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ê2017 Statutes of Nevada, Page 4207ê

 

CHAPTER 587, SB 189

Senate Bill No. 189–Senator Woodhouse

 

CHAPTER 587

 

[Approved: June 14, 2017]

 

AN ACT relating to public welfare; revising the amount and type of training that an employee of a child care facility is required to complete; setting forth certain requirements relating to services performed by an independent contractor at a child care facility; requiring the Division of Public and Behavioral Health of the Department of Health and Human Services to establish a system of rating child care facilities; revising provisions concerning certain background investigations required to be conducted by the Division; authorizing the imposition of administrative sanctions against a child care facility for certain violations; requiring the Legislative Auditor to report certain findings of an audit of a public or private facility for children to a licensing entity or the Division of Child and Family Services of the Department; requiring a licensing entity to conduct reviews of a child care facility after a legislative audit in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires each person who is employed in a child care facility, other than a facility that provides care for ill children, to: (1) complete 15 hours of training annually if the facility provides care for 5 or more children but less than 12 children; and (2) complete at least 24 hours of training annually if the facility provides care for more than 12 children. Existing law provides that at least 2 hours of the required training must be devoted to lifelong wellness, health and safety of children. (NRS 432A.024, 432A.1775) Section 7 of this bill requires each person who is employed in a child care facility, other than a facility that provides care for ill children, to complete 24 hours of training annually. Section 7 also requires at least 12 hours of that training to be devoted to the care, education and safety of children that is: (1) specific to the age group served by the child care facility in which the person is employed; and (2) approved by the State Board of Health by regulation. Section 3 of this bill requires each person who is employed in a child care facility to complete an additional 2 hours of training in the recognition and reporting of the abuse or neglect of a child.

      Existing law, with certain exceptions, defines a “child care facility” to include an on-site child care facility, a child care institution, an outdoor youth program, and an establishment that is operated and maintained for the purpose of furnishing care to five or more children under 18 years of age, if compensation is received for the care of any of those children. (NRS 432A.024) Section 2 of this bill defines “child care facility” for the purposes of the training requirements set forth in sections 3 and 7 to also include an establishment that is operated and maintained for the purpose of furnishing care to fewer than five children under 18 years of age, if compensation is received for the care of any of those children.

      Section 4 of this bill requires a licensee of a child care facility to ensure that an employee of the child care facility is in the presence of an independent contractor retained by the child care facility during any period in which the independent contractor is performing any services at the child care facility when a child is present.

 

 

 


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ê2017 Statutes of Nevada, Page 4208 (Chapter 587, SB 189)ê

 

      Existing law provides for the licensure of certain child care facilities. (NRS 432A.131-432A.220) As part of the process of obtaining a license to operate a child care facility, the Division of Public and Behavioral Health of the Department of Health and Human Services is required to request a background check of certain employees, residents and participants of facilities and prohibit unsupervised contact with a child pending the results of a background investigation. The Division is also required to request a background check 5 years after the initial background check and every 5 years thereafter. Both the initial background check and the subsequent background check consist of information secured from the Federal Bureau of Investigation and the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child. (NRS 432A.170, 432A.175) Section 5 of this bill: (1) requires background checks of those employees, residents and participants of facilities to also include information secured from the Central Repository for Nevada Records of Criminal History and the Statewide Central Registry; (2) expands the list of crimes that are included in the background checks of those employees, residents and participants of facilities; and (3) requires the Division to request the information for an initial background check of an employee before the employee has any direct contact with any child at the child care facility. Section 6 of this bill requires an employee of an applicant for a license to operate a child care facility or licensee, resident or participant to notify the applicant or licensee not later than 24 hours after: (1) being charged with or convicted of certain crimes; (2) being investigated for child abuse or neglect; or (3) a report of abuse or neglect against him or her is substantiated. Section 6 also requires an applicant or licensee who receives such notice to notify the Division within 24 hours. Finally, section 6 requires the Division to establish civil penalties for violations of these requirements.

      Existing law requires an applicant for or the holder of a license to operate a child care facility to terminate the employment of certain employees, residents and participants upon receiving information that the employee, resident or participant has been convicted of certain crimes or had a substantiated report of child abuse or neglect made against him or her. (NRS 432A.1755) Section 6.5 of this bill requires the Division to establish civil penalties to be imposed against an applicant or licensee who violates this requirement.

      Existing law requires the Chief Medical Officer or his or her designee to conduct an annual inspection of a child care facility to ensure compliance with standards for health and sanitation. (NRS 432A.180) Section 7.2 of this bill expands the scope of this inspection to include the enforcement of laws and regulations concerning the health, safety and welfare of children in the care of the facility. Section 4.2 of this bill requires the Division to establish by regulation a rating system which assigns a letter grade to a facility based on such an inspection. Section 4.2 also requires the grade to be posted on an Internet website maintained by the Division and in a conspicuous place near each entrance to the facility that is regularly used by the public.

      Existing law authorizes the Division to deny, suspend or revoke a license to operate a child care facility upon a violation by an applicant or licensee or an employee of the applicant or licensee of any applicable law or regulation. (NRS 432A.190) Sections 4.5 and 4.7 of this bill authorize the Division to impose certain other administrative sanctions against a licensee who violates any law or regulation related to the licensure of a child care facility.

      Existing law authorizes the Division to bring an action to enjoin a person or governmental entity from operating a child care facility without a valid license. (NRS 432A.210) Section 7.8 of this bill requires the Division to issue an order to cease and desist operating the facility without a license before bringing such an action. If a court finds that a person or governmental entity is operating a child care facility without a valid license, section 7.8 authorizes the court to impose a civil penalty in addition to issuing an injunction.

 

 

 


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ê2017 Statutes of Nevada, Page 4209 (Chapter 587, SB 189)ê

 

      Existing law requires the Legislative Auditor to inspect, review and survey facilities for children which have physical custody of children pursuant to the order of a court. (NRS 218G.570-218G.585) If the Legislative Auditor concludes that such a facility has deficiencies in policies and procedures that could be detrimental to the health, safety or welfare of children in the care of the facility or violate the rights of such children, section 8.5 of this bill requires the Legislative Auditor to provide a copy of that report to the entity responsible for licensing the facility or, if the facility is not required to obtain a license, to the Division of Child and Family Services of the Department. If the facility is a child care facility governed by chapter 432A of NRS, section 8.7 of this bill requires the licensing entity to conduct follow-up reviews and provide notice of its findings to the Legislative Auditor and, in certain circumstances, to governmental agencies that place children in the facility and the public.

 

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 432A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4.7, inclusive, of this act.

      Sec. 2. As used in this section, NRS 432A.1775 and section 3 of this act, unless the context otherwise requires, “child care facility”:

      1.  Has the meaning ascribed to it in NRS 432A.024; and

      2.  Includes an establishment described in paragraph (a) of subsection 1 of NRS 432A.024 that is operated and maintained for the purpose of furnishing care to fewer than five children under 18 years of age, if compensation is received for the care of any of those children.

      Sec. 3. Each person who is employed in a child care facility shall complete at least 2 hours of training in the recognition and reporting of the abuse or neglect of a child, as defined in NRS 432B.020:

      1.  Within 90 days after commencing his or her employment in a child care facility; and

      2.  At least once every 5 years thereafter.

      Sec. 4. 1.  A licensee of a child care facility shall ensure that an employee of the child care facility is in the presence of an independent contractor retained by the child care facility during any period in which the independent contractor is performing any services at the child care facility when a child is present.

      2.  The employee of the child care facility who is required to be in the presence of the independent contractor pursuant to subsection 1:

      (a) Must be qualified to supervise the children at the child care facility; and

      (b) Shall, during the period for which the independent contractor is performing the services at the child care facility, supervise and ensure the safety of each child at the child care facility.

      Sec. 4.2. 1.  The Division shall adopt regulations establishing:

      (a) A system for rating child care facilities based on inspections conducted pursuant to subsection 3 of NRS 432A.180. The rating system must provide for the assignment of a letter grade of A, B, C, D or F to each child care facility based on the facility’s compliance with applicable laws and regulations and the severity of any violations.

      (b) Procedures by which a child care facility that is assigned a grade of C, D or F may request a follow-up inspection.

 


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ê2017 Statutes of Nevada, Page 4210 (Chapter 587, SB 189)ê

 

      2.  Not later than 60 days after an inspection of a child care facility pursuant to subsection 3 of 432A.180, the Division shall post on an Internet website maintained by the Division a report which must include:

      (a) The letter grade assigned to the child care facility based on the inspection; and

      (b) A report of each unresolved violation of an applicable law or regulation, proposed actions to correct the violation and the date by which the child care facility is expected to correct the violation.

      3.  After each inspection described in subsection 1, a child care facility shall post the letter grade assigned to the facility in a conspicuous place near each entrance to the facility that is regularly used by the public and inform any person of that letter grade upon request.

      Sec. 4.5. 1.  If a child care facility violates any law or regulation related to its licensure, including any provision of this chapter or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to section 4.7 of this act, may:

      (a) Prohibit the facility from accepting additional children until it determines that the facility has corrected the violation;

      (b) Limit the number of children to which the facility may provide care until it determines that the facility has corrected the violation;

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

      (d) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the children to whom the facility provides care until:

             (1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statute, condition, standard or regulation; or

             (2) Improvements are made to correct the violation; or

      (e) Impose any combination of the sanctions prescribed in paragraphs (a) to (d), inclusive.

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

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

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

      3.  The Division may require any child care facility that violates any provision of this chapter, or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

      4.  Any money collected as an administrative penalty pursuant to paragraph (c) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of this chapter, to protect the health, safety, well-being and property of the children to which child care facilities provide care in accordance with applicable standards or for any other purpose authorized by the Legislature.

      Sec. 4.7.The Board shall adopt regulations establishing the criteria for the imposition of each sanction prescribed by section 4.5 of this act. These regulations must:

      1.  Prescribe the circumstances and manner in which each sanction applies;

 


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ê2017 Statutes of Nevada, Page 4211 (Chapter 587, SB 189)ê

 

      2.  Minimize the time between identification of a violation and the imposition of a sanction;

      3.  Provide for the imposition of incrementally more severe sanctions for repeated or uncorrected violations; and

      4.  Provide for less severe sanctions for lesser violations of applicable statutes, conditions, standards or regulations.

      Sec. 5. NRS 432A.170 is hereby amended to read as follows:

      432A.170  1.  The Division may, upon receipt of an application for a license to operate a child care facility, conduct an investigation into the:

      (a) Buildings or premises of the facility and, if the application is for an outdoor youth program, the area of operation of the program;

      (b) Qualifications and background of the applicant or the employees of the applicant;

      (c) Method of operation for the facility; and

      (d) Policies and purposes of the applicant.

      2.  The Division shall secure from appropriate law enforcement agencies information on the background and personal history of every applicant, licensee or employee of an applicant or licensee, or every resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, to determine whether the person has been convicted of:

      (a) Murder, voluntary manslaughter or mayhem;

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

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

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

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

      (f) A violation of any federal or state law regulating the [possession,] distribution or [use] manufacture of any controlled substance or any dangerous drug as defined in chapter 454 of NRS [;] , including, without limitation, possession of a controlled substance for the purpose of sale;

      (g) A violation of any federal or state law regulating the possession or use of any controlled substance or dangerous drug as defined in chapter 454 of NRS within the immediately preceding 5 years;

      (h) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; [or

      (h)](i) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property within the immediately preceding 7 years [.] ;

      (j) A crime that constitutes domestic violence pursuant to NRS 33.018;

      (k) A violation of NRS 484C.430; or

      (l) A violation of NRS 484C.110 or 484C.120 within the immediately preceding 5 years.

      3.  The Division shall request information concerning every applicant, licensee or employee of an applicant or licensee, or every resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, from:

 


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ê2017 Statutes of Nevada, Page 4212 (Chapter 587, SB 189)ê

 

remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, from:

      (a) The Central Repository for Nevada Records of Criminal History for its report concerning a conviction in this State of any of the crimes set forth in subsection 2 and for submission to the Federal Bureau of Investigation for its report pursuant to NRS 432A.175; and

      (b) The Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 to determine whether there has been a substantiated report of child abuse or neglect made against any of them.

      4.  The Division may charge each person investigated pursuant to this section for the reasonable cost of that investigation.

      5.  The information required to be obtained pursuant to subsections 2 and 3 must be requested concerning an:

      (a) Employee of an applicant or licensee, resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older for an initial background check not later than 3 days after the employee is hired, the residency begins or the participant begins participating in the program [,] and before the employee, resident or participant has any direct contact with any child at the child care facility, and then at least once every 5 years thereafter.

      (b) Applicant at the time that an application is submitted for licensure, and then at least once every 5 years after the license is issued.

      6.  A person who is required to submit to an investigation required pursuant to this section shall not have contact with a child in a child care facility without supervision before the investigation of the background and personal history of the person has been conducted.

      Sec. 6. NRS 432A.175 is hereby amended to read as follows:

      432A.175  1.  Every applicant for a license to operate a child care facility, licensee and employee of such an applicant or licensee, and every resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, shall submit to the Division, or to the person or agency designated by the Division, to enable the Division to conduct an investigation pursuant to NRS 432A.170, a:

      (a) Complete set of fingerprints and a written authorization for the Division or its designee to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report and for submission to the Federal Bureau of Investigation for its report;

      (b) Written statement detailing any prior criminal convictions; and

      (c) Written authorization for the Division to obtain any information that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100.

      2.  If an employee of an applicant for a license to operate a child care facility or licensee, or a resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, has been convicted of any crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect filed against him or her, the Division shall immediately notify the applicant or licensee, who shall then comply with the provisions of NRS 432A.1755.

 


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ê2017 Statutes of Nevada, Page 4213 (Chapter 587, SB 189)ê

 

who is 18 years of age or older, has been convicted of any crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect filed against him or her, the Division shall immediately notify the applicant or licensee, who shall then comply with the provisions of NRS 432A.1755.

      3.  An applicant for a license to operate a child care facility or licensee shall notify the Division as soon as practicable but not later than 24 hours after hiring an employee, beginning the residency of a resident who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or beginning the participation of a participant in an outdoor youth program who is 18 years of age or older.

      4.  An employee of an applicant for a license to operate a child care facility or licensee shall notify the applicant or licensee not later than 24 hours after:

      (a) Being charged with or convicted of a crime listed in subsection 2 of NRS 432A.170;

      (b) Receiving notice that he or she is the subject of an investigation for child abuse or neglect; or

      (c) Receiving notice that a report of abuse or neglect has been substantiated against him or her.

      5.  A resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older shall notify the licensee of the child care facility or outdoor youth program, as applicable, not later than 24 hours after:

      (a) Being charged with or convicted of a crime listed in subsection 2;

      (b) Receiving notice that he or she is the subject of an investigation for child abuse or neglect; or

      (c) Receiving notice that a report of abuse or neglect has been substantiated against him or her.

      6.  An applicant for a license to operate a child care facility or licensee shall notify the Division within [2 days] 24 hours after receiving notice that:

      (a) The applicant, licensee or an employee of the applicant or licensee, or a resident of the child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, or a facility or program operated by the applicant or licensee, is the subject of a lawsuit or any disciplinary proceeding; or

      (b) The applicant or licensee, an employee, a resident or participant has been charged with a crime listed in subsection 2 of NRS 432A.170 or is being investigated for child abuse or neglect.

      7.  The Division shall adopt regulations to establish civil penalties to be imposed against any person, state or local government unit or agency thereof that fails to comply with the requirements of this section.

      Sec. 6.5. NRS 432A.1755 is hereby amended to read as follows:

      432A.1755  1.  Upon receiving information pursuant to NRS 432A.175 from the Central Repository for Nevada Records of Criminal History or the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 or [evidence] from [any other source that] an employee of an applicant for a license to operate a child care facility or a licensee, or a resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older or from any other source that such an employee, resident or

 


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ê2017 Statutes of Nevada, Page 4214 (Chapter 587, SB 189)ê

 

license to operate a child care facility or a licensee, or a resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older or from any other source that such an employee, resident or participant has been convicted of a crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect made against him or her, the applicant or licensee shall terminate the employment of the employee or remove the resident from the facility or participant from the outdoor youth program after allowing the employee, resident or participant time to correct the information as required pursuant to subsection 2.

      2.  If an employee, resident or participant believes that the information provided to the applicant or licensee pursuant to subsection 1 is incorrect, the employee, resident or participant must inform the applicant or licensee immediately. The applicant or licensee shall give any such employee, resident or participant 30 days to correct the information.

      3.  During any period in which an employee, resident or participant seeks to correct information pursuant to subsection 2, it is within the discretion of the applicant or licensee whether to allow the employee, resident or participant to continue to work for or reside at the child care facility or participate in the outdoor youth program, as applicable, except that the employee, resident or participant shall not have contact with a child without supervision during such a period.

      4.  The Division shall adopt regulations to establish civil penalties to be imposed against any person, state or local government unit or agency thereof that fails to comply with the requirements of this section.

      Sec. 7. NRS 432A.1775 is hereby amended to read as follows:

      432A.1775  1.  Each person who is employed in a child care facility , [that provides care for more than 12 children,] other than in a facility that provides care for ill children, shall , in addition to completing the training required by section 3 of this act, complete [:

      (a) Before January 1, 2014, at least 15 hours of training;

      (b) On or after January 1, 2014, and before January 1, 2015, at least 18 hours of training;

      (c) On or after January 1, 2015, and before January 1, 2016, at least 21 hours of training; and

      (d) On or after January 1, 2016,] 24 hours of training each year.

      2.  [Except as otherwise provided in subsection 1, each person who is employed in any child care facility, other than in a facility that provides care for ill children, shall complete at least 15 hours of training each year.

      3.]  At least [2] :

      (a) Twelve hours of the training required by subsection 1 each year must be devoted to the care, education and safety of children specific to the age group served by the child care facility in which the person is employed and must be approved in accordance with regulations adopted by the Board; and

      (b) Two hours of the training required by [subsections 1 and 2] subsection 1 each year must be devoted to the lifelong wellness, health and safety of children and must include training relating to childhood obesity, nutrition and physical activity.

 


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ê2017 Statutes of Nevada, Page 4215 (Chapter 587, SB 189)ê

 

      Sec. 7.2.NRS 432A.180 is hereby amended to read as follows:

      432A.180  1.  Any authorized member or employee of the Division may enter and inspect any building or premises of a child care facility or the area of operation of an outdoor youth program at any time to secure compliance with or prevent a violation of any provision of this chapter.

      2.  The State Fire Marshal or a designee of the State Fire Marshal shall, at least annually:

      (a) Enter and inspect every building or premises of a child care facility, on behalf of the Division; and

      (b) Observe and make recommendations regarding the drills conducted pursuant to NRS 432A.077,

Ê to secure compliance with standards for safety from fire and other emergencies.

      3.  The Chief Medical Officer or a designee of the Chief Medical Officer shall enter and inspect at least annually, every building or premises of a child care facility and area of operation of an outdoor youth program, on behalf of the Division, to secure compliance with [standards for health and sanitation.] laws and regulations concerning the health, safety and welfare of children in the care of the facility or program.

      4.  The annual inspection of any child care facility which occasionally or regularly has physical custody of children pursuant to the order of a court must include, without limitation, an inspection of all areas where food is prepared and served, bathrooms, areas used for sleeping, common areas and areas located outdoors that are used by children at the child care facility. The Chief Medical Officer shall publish reports of the inspections and make them available for public inspection upon request.

      Sec. 7.3. NRS 432A.200 is hereby amended to read as follows:

      432A.200  1.  When the Division denies, suspends or revokes a license for a child care facility [,] or imposes an administrative sanction pursuant to section 4.5 of this act, the Division shall afford reasonable notice to all parties by certified mail, which notice must contain the legal authority, jurisdiction and reasons for the action taken.

      2.  The aggrieved person may file notice of appeal with the Administrator of the Division or a designee of the Administrator within 10 calendar days after receipt of notice of action of the Division.

      3.  Within 20 calendar days after the receipt of the notice of appeal, the Administrator of the Division or a designee of the Administrator shall hold a hearing.

      4.  Notice of the hearing must be given no less than 5 days before the date set for the hearing.

      Sec. 7.8.NRS 432A.210 is hereby amended to read as follows:

      432A.210  1.  [Except as provided in subsection 1 of NRS 432A.131,] If the Division believes that a person, state or local government unit or agency thereof is operating a child care facility without a license or with a suspended license, the Division may issue an order to cease and desist the operation of the facility. The order must be served upon the person, state or local government unit or agency thereof by personal delivery or by certified or registered mail, return receipt requested. The order is effective upon service.

 

 


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      2.  If the person, state or local government unit or agency thereof does not cease operating the child care facility without a license or apply for licensure within 30 days after the date of service of the order issued pursuant to subsection 1 or does not cease operating the child care facility with a suspended license, as applicable, the Division may bring an action in the name of the State to enjoin [any] the person, state or local government unit or agency thereof from operating or maintaining [any] the child care facility [:

      (a) Without first obtaining] without a license [therefor;] or

      [(b) After his or her license has been revoked or] with a suspended [by the Division.

      2.]license.

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

      4.  Upon a showing by the Division that a person, state or local government unit or agency thereof is operating a child care facility without a license or with a suspended license, a court may:

      (a) Enjoin the person, state or local government unit or agency thereof from operating the facility.

      (b) Impose a civil penalty on the person, state or local government unit or agency thereof, to be recovered by the Division, of not more than $10,000 for the first offense or not less than $10,000 or more than $25,000 for a second or subsequent offense.

      5.  Any money collected as an administrative penalty pursuant to subsection 4 must be accounted for separately and used to administer and carry out the provisions of this chapter, to protect the health, safety, well-being and property of the children to which child care facilities provide care in accordance with applicable standards or for any other purpose authorized by the Legislature.

      Sec. 8. NRS 432A.220 is hereby amended to read as follows:

      432A.220  Any person who operates a child care facility without a license issued pursuant to NRS 432A.131 to 432A.220, inclusive, and sections 2 to 4.7, inclusive, of this act is guilty of a misdemeanor.

      Sec. 8.3. Chapter 218G of NRS is hereby amended by adding thereto the provisions set forth as sections 8.5 and 8.7 of this act.

      Sec. 8.5. After concluding, as the result of an inspection, review and survey of a governmental facility for children or a private facility for children pursuant to NRS 218G.575, that the facility has deficiencies in policies or procedures that could be detrimental to the health, safety or welfare of children in the care of the facility or violate the civil or other rights of such children, the Legislative Auditor or the Legislative Auditor’s designee shall provide a report of those deficiencies to any licensing entity from which the facility is required to obtain a license or, if the facility is not required to obtain a license, to the Division of Child and Family Services of the Department of Health and Human Services.

      Sec. 8.7. 1.  Not later than 45 days after receiving a report pursuant to section 8.5 of this act concerning a child care facility licensed pursuant to chapter 432A of NRS, the Division of Public and Behavioral Health of the Department of Health and Human Services or the county or incorporated city from which the facility has obtained a license pursuant to NRS 432A.131, as applicable, shall review the facility to which the report pertains to determine whether the facility has corrected the deficiencies described in the report.

 


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NRS 432A.131, as applicable, shall review the facility to which the report pertains to determine whether the facility has corrected the deficiencies described in the report. The review may include a physical inspection of the facility at the discretion of the Division, county or city, as applicable.

      2.  After conducting a review pursuant to subsection 1, the Division, county or city shall provide a report of its determinations to the Legislative Auditor. The report must include:

      (a) A determination of whether the deficiencies described in the report of the Legislative Auditor or the Legislative Auditor’s designee have been resolved;

      (b) If the deficiencies described in the report of the Legislative Auditor or the Legislative Auditor’s designee have not been resolved, a description of the measures being taken by the facility to resolve the deficiencies, a determination of whether those measures are adequate and the expected date by which the deficiencies will be resolved; and

      (c) A statement of any issues of fact or law on which the Division, county or city, as applicable, disagrees with the report of the Legislative Auditor or the Legislative Auditor’s designee.

      3.  If the Division, county or city concludes, after a review conducted pursuant to subsection 1, that a child care facility has not resolved a deficiency described in the report of the Legislative Auditor or the Legislative Auditor’s designee, the Division, county or city, as applicable, shall, not later than 30 days after completing the review:

      (a) Provide a copy of its report to each court or other governmental agency that places children in the facility and post the report publicly on an Internet website maintained by the Division, county or city, as applicable; and

      (b) Schedule another review of the facility which must be conducted not later than 30 days after the review conducted pursuant to subsection 1. After the review conducted pursuant to this paragraph, the Division, county or city, as applicable, shall take the actions described in subsection 2 and, if necessary, this subsection.

      4.  The Legislative Auditor or the Legislative Auditor’s designee shall include any information provided by the Division, a county or an incorporated city concerning any deficiency identified at a child care facility in any report issued by the Legislative Auditor or the Legislative Auditor’s designee concerning the inspections, reviews and surveys required by NRS 218G.575.

      5.  This section shall not be construed to prohibit or limit the ability of:

      (a) A licensing entity to impose sanctions on a facility for children under its jurisdiction; or

      (b) A law enforcement agency to respond to criminal conduct at a facility for children.

      6.  As used in this section, “child care facility” has the meaning ascribed to it in NRS 432A.024.

      Sec. 9.  1.  Each person who, on January 1, 2018, is employed in a child care facility shall complete the training requirements set forth in section 3 of this act and NRS 432A.1775, as amended by section 7 of this act, before January 1, 2019.

      2.  As used in this section, “child care facility” has the meaning ascribed to it in section 2 of this act.

 


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      Sec. 10.  This act becomes effective:

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

      2.  On January 1, 2018, for all other purposes.

________

CHAPTER 588, SB 286

Senate Bill No. 286–Senators Gansert, Ford, Parks; Cancela, Cannizzaro, Goicoechea, Hammond, Hardy, Ratti and Roberson

 

CHAPTER 588

 

[Approved: June 14, 2017]

 

AN ACT relating to applied behavior analysis; creating the Board of Applied Behavior Analysis; transferring the responsibility for the regulation of applied behavior analysis from the Board of Psychological Examiners to the Board of Applied Behavior Analysis; requiring the Aging and Disability Services Division of the Department of Health and Human Services to enforce provisions of law governing applied behavior analysis and the regulations of the Board of Applied Behavior Analysis; replacing the term “autism behavior interventionist” with the term “registered behavior technician”; requiring a behavior technician to obtain registration from the Division; providing for the certification of state certified behavior interventionists; revising the composition of the Board of Psychological Examiners; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines the term “autism behavior interventionist” to mean a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of certain professionals. (NRS 641.0204) Sections 11.5, 48 and 77 of this bill: (1) replace that term with the term “registered behavior technician”; and (2) require a behavior technician to be registered by the Division. Sections 11.7, 16, 20, 21 and 48 of this bill additionally provide for the certification of state certified behavior interventionists, who have the same practice authority as a registered behavior technician. Section 21 requires a state certified behavior interventionist to meet the qualifications prescribed by the Board of Applied Behavior Analysis created by section 13.3 of this bill. Such qualifications must be no less stringent than the requirements for registration as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization. Section 25 of this bill requires each state certified behavior interventionist, but not each registered behavior technician, to obtain continuing education.

      Under existing law, the Board of Psychological Examiners regulates the practice of applied behavior analysis and licenses behavior analysts and assistant behavior analysts. (NRS 641.100, 641.170) Section 13.3 of this bill creates the Board of Applied Behavior Analysis. Section 13.7 of this bill prescribes the compensation of

 


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the Board. Sections 14 and 17 of this bill authorize the Board to adopt regulations governing: (1) the licensure of behavior analysts and assistant behavior analysts; (2) the certification of state certified behavior interventionists; (3) the registration of registered behavior technicians; and (4) the practice of applied behavior analysis. Sections 13, 15, 16 and 18 of this bill prescribe the duties of the Aging and Disability Services Division of the Department of Health and Human Services to keep certain records and enforce provisions of law governing applied behavior analysis and the regulations of the Board of Applied Behavior Analysis. Section 16 of this bill authorizes the Division to prescribe fees for the licensure of behavior analysts and assistant behavior analysts, the certification of state certified behavior interventionists and the registration of registered behavior technicians. Section 19 of this bill exempts an employee or agent of the Division from liability for actions taken in good faith in the performance of the duties of the Division. Sections 20-27 of this bill prescribe the requirements to obtain or renew a license as a behavior analyst or assistant behavior analyst, certification as a state certified behavior interventionist or registration as a registered behavior technician. Sections 12 and 12.3 of this bill specify that certain persons are not required to be licensed, certified or registered by the Division. Section 12.6 of this bill authorizes a student, intern, trainee or fellow who has matriculated at an accredited college or university but is not licensed, certified or registered by the Division to practice applied behavior analysis under the direct supervision of a behavior analyst or assistant behavior analyst under certain circumstances.

      Section 29 of this bill prescribes the grounds for disciplinary action against a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician, and section 30 of this bill requires the Board to prescribe additional grounds for such disciplinary action by regulation. Section 31 of this bill establishes the disciplinary action that the Division may impose against a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician. Sections 33-38 and 41-43 of this bill prescribe procedures relating to the filing of a complaint and conducting an investigation and disciplinary hearing. Sections 39 and 40 of this bill authorize the Division to require a behavioral analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician to take an examination to demonstrate his or her competence. Sections 44 and 45 of this bill authorize the Division or the Attorney General to maintain an action to enjoin certain unprofessional conduct or the practice of applied behavior analysis without the required license or credential. Section 46 of this bill grants immunity from liability to any person who initiates a complaint or assists in an investigation or the discipline of a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician without malicious intent. Section 47 of this bill authorizes a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician to apply to the Division for the removal of certain administrative sanctions against his or her license. Sections 48-50 of this bill prohibit the practice of applied behavior analysis without the proper license, credentials or supervision and certain other acts. Section 50 makes the fraudulent practice of applied behavior analysis or practice as a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician without the proper license or credential a gross misdemeanor.

      The Board of Psychological Examiners currently consists of seven members appointed by the Governor. One of the members of the Board is a licensed behavior analyst. (NRS 641.030, 641.040) Sections 58, 59 and 74 of this bill remove that member from the Board and reduce the size of the Board to six members. Sections 56, 57 and 60-66 of this bill remove references to applied behavior analysis from the provisions of statute administered by the Board, and sections 53 and 67-71 of this bill make conforming changes.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Title 39 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 50, inclusive, of this act.

      Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 11.7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Assistant behavior analyst” means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and is licensed as an assistant behavior analyst by the Division.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5. “Behavior analyst” means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and is licensed as a behavior analyst by the Division.

      Sec. 5.3.  (Deleted by amendment.)

      Sec. 5.8.“Board” means the Board of Applied Behavior Analysis created by section 13.3 of this act.

      Sec. 6. “Community” means the entire area customarily served by behavior analysts and assistant behavior analysts among whom a patient may reasonably choose, not merely the particular area inhabited by the patients of an individual behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician or the particular city or place where the behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician has his or her office.

      Sec. 7. “Division” means the Aging and Disability Services Division of the Department of Health and Human Services.

      Sec. 8. “Gross malpractice” means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:

      1.  Practicing applied behavior analysis with a patient while the behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician is under the influence of an alcoholic beverage as defined in NRS 202.015 or any controlled substance;

      2.  Gross negligence;

      3.  Willful disregard of established methods and procedures in the practice of applied behavior analysis; or

      4.  Willful and consistent use of methods and procedures considered by behavior analysts, assistant behavior analysts, state certified behavior interventionists or registered behavior technicians, as applicable, in the community to be inappropriate or unnecessary in the cases where used.

      Sec. 9. “Malpractice” means failure on the part of a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician to exercise the degree of care, diligence and skill ordinarily exercised by behavior analysts, assistant behavior analysts, state certified behavior interventionists or registered behavior technicians, as applicable, in good standing in the community.

 


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analysts, state certified behavior interventionists or registered behavior technicians, as applicable, in good standing in the community.

      Sec. 10. “Practice of applied behavior analysis” means the design, implementation and evaluation of instructional and environmental modifications based on scientific research and observations of behavior and the environment to produce socially significant improvement in human behavior, including, without limitation:

      1.  The empirical identification of functional relations between environment and behavior; and

      2.  The use of contextual factors, motivating operations, antecedent stimuli, positive reinforcement and other procedures to help a person develop new behaviors, increase or decrease existing behaviors and engage in certain behavior under specific environmental conditions.

Ê The term includes the provision of behavioral therapy by a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician.

      Sec. 11. “Professional incompetence” means lack of ability to practice applied behavior analysis safely and skillfully arising from:

      1.  Lack of knowledge or training;

      2.  Impaired physical or mental ability; or

      3.  Dependence upon an alcoholic beverage as defined in NRS 202.015 or any controlled substance.

      Sec. 11.5. “Registered behavior technician” means a person who is registered as such by the Division and provides behavioral therapy under the supervision of:

      1.  A licensed psychologist;

      2.  A licensed behavior analyst; or

      3.  A licensed assistant behavior analyst.

      Sec. 11.7. “State certified behavior interventionist” means a person who is certified as such by the Division and provides behavioral therapy under the supervision of:

      1.  A licensed psychologist;

      2.  A licensed behavior analyst; or

      3.  A licensed assistant behavior analyst.

      Sec. 12. The provisions of this chapter do not apply to:

      1.  A physician who is licensed to practice in this State;

      2.  A person who is licensed to practice dentistry in this State;

      3.  A person who is licensed as a psychologist pursuant to chapter 641 of NRS;

      4.  A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

      5.  A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;

      6.  A person who is licensed to engage in social work pursuant to chapter 641B of NRS;

      7.  A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;

      8.  A person who is licensed as a clinical alcohol and drug abuse counselor, licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern, a clinical alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;

 


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and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;

      9.  Any member of the clergy;

      10.  A family member of a recipient of applied behavior analysis services who performs activities as directed by a behavior analyst or assistant behavior analyst; or

      11.  A person who provides applied behavior analysis services to a pupil in a public school in a manner consistent with the training and experience of the person,

Ê if such a person does not commit an act described in section 50 of this act or represent himself or herself as a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician.

      Sec. 12.3.1.  A person is not required to be licensed, certified or registered by the Division if he or she:

      (a) Provides behavior modification services or training exclusively to animals and not to natural persons;

      (b) Provides generalized applied behavior analysis services to an organization but does not provide such services directly to natural persons;

      (c) Teaches applied behavior analysis or conducts research concerning applied behavior analysis but does not provide applied behavior analysis services directly to natural persons;

      (d) Provides academic services, including, without limitation, tutoring, instructional design, curriculum production, assessment research and design, or test preparation but does not provide applied behavior analysis services directly to natural persons; or

      (e) Conducts academic research relating to applied behavior analysis as a primary job responsibility but does not provide applied behavior analysis services directly to natural persons.

      2.  A person described in subsection 1:

      (a) May refer to himself or herself as a behavior analyst; and

      (b) Shall not represent or imply that he or she is licensed, certified or registered by the Division.

      Sec. 12.6. 1.  A person who has matriculated at an accredited college or university and is not licensed, certified or registered by the Division may practice applied behavior analysis under the direct supervision of a licensed behavior analyst as part of:

      (a) A program in applied behavior analysis offered by the college or university in which he or she is enrolled; or

      (b) An internship or fellowship.

      2.  A person described in subsection 1:

      (a) Shall clearly identify himself or herself to any person to whom he or she provides applied behavior analysis services as a student, intern, trainee or fellow; and

      (b) Shall not identify himself or herself as a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician, or represent or imply that he or she is licensed, certified or registered by the Division.

      Sec. 13. 1.  The Division shall make and keep:

      (a) A record of all violations and prosecutions under the provisions of this chapter.

      (b) A register of all licenses, certificates and registrations.

 


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      (c) A register of all holders of licenses, certificates and registrations.

      2.  These records must be kept in an office of the Division and, except as otherwise provided in this section, are subject to public inspection during normal working hours upon reasonable notice.

      3.  Except as otherwise provided in NRS 239.0115, the Division may keep the personnel records of applicants confidential.

      4.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Division, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Division requesting that such documents and information be made public records.

      5.  The charging documents filed with the Division to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Division when determining whether to impose discipline are public records.

      6.  The provisions of this section do not prohibit the Division from communicating or cooperating with or providing any documents or other information to any licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 13.3.1.  The Board of Applied Behavior Analysis is hereby created.

      2.  The Governor shall appoint to the Board:

      (a) Four voting members who are behavior analysts licensed in this State.

      (b) One voting member who is a representative of the general public who is interested in the practice of applied behavior analysis. This member must not be a behavior analyst or assistant behavior analyst, an applicant or a former applicant for licensure as a behavior analyst or assistant behavior analyst, a member of a health profession, the spouse or the parent or child, by blood, marriage or adoption, of a behavior analyst or assistant behavior analyst, or a member of a household that includes a behavior analyst or assistant behavior analyst.

      3.  After the initial term, the Governor shall appoint each member of the Board to a term of 4 years. No member of the Board may serve more than two consecutive terms.

      4.  The Board shall hold a regular meeting at least once a year. The Board shall hold a special meeting upon a call of the President or upon the request of a majority of the members. A majority of the Board constitutes a quorum.

      5.  At the regular annual meeting, the Board shall elect from its membership a President and a Secretary-Treasurer, who shall hold office for 1 year and until the election and qualification of their successors.

      6.  A member of the Board or an employee or agent of the Board is not liable in a civil action for any act performed in good faith and within the scope of the duties of the Board pursuant to the provisions of this chapter.

      Sec. 13.7. 1.  Each member of the Board is entitled to receive:

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

 


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

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

      3.  Compensation and expenses of the members and employees of the Board are payable out of the money derived from fees paid or transmitted to the Board pursuant to the provisions of this chapter and no part thereof may be paid out of the State Treasury.

      Sec. 14. The Board may make and promulgate rules and regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and licensure, certification or registration of applicants, the granting, refusal, revocation or suspension of licenses, certificates or registrations and the practice of applied behavior analysis.

      Sec. 15. The Division shall enforce the provisions of this chapter and may, under the provisions of this chapter:

      1.  Examine and pass upon the qualifications of applicants for licensure, certification and registration.

      2.  License, certify and register qualified applicants.

      3.  Conduct investigations of licensees, certificate holders and registrants.

      4.  Revoke or suspend licenses, certificates and registrations.

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

      Sec. 16. 1.  The Division shall prescribe, by regulation, fees for the issuance, renewal and reinstatement of a license, certificate or registration and any other services provided by the Division pursuant to this chapter. The Division shall ensure, to the extent practicable, that the amount of such fees is sufficient to pay the costs incurred by the Board and the Division under the provisions of this chapter, including, without limitation, the compensation of the Board prescribed by section 13.7 of this act, and does not exceed the amount necessary to pay those costs.

      2.  Money received from the licensure of behavior analysts and assistant behavior analysts, certification of state certified behavior interventionists and registration of registered behavior technicians, civil penalties collected pursuant to this chapter and any appropriation, gift, grant or donation received by the Board or the Division for purposes relating to the duties of the Board or the Division under the provisions of this chapter must be deposited in a separate account in the State General Fund. The account must be administered by the Division. Money in the account must be expended solely for the purposes of this chapter and does not revert to the State General Fund. The compensation provided for by this chapter and all expenses incurred under this chapter must be paid from the money in the account.

      Sec. 17. 1.  A licensed behavior analyst or assistant behavior analyst, state certified behavior interventionist or registered behavior technician shall limit his or her practice of applied behavior analysis to his or her areas of competence, as documented by education, training and experience.

      2.  The Board shall adopt regulations to ensure that licensed behavior analysts and assistant behavior analysts, state certified behavior interventionists and registered behavior technicians limit their practice of applied behavior analysis to their areas of competence.

 


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interventionists and registered behavior technicians limit their practice of applied behavior analysis to their areas of competence.

      Sec. 18. In a manner consistent with the provisions of chapter 622A of NRS, the Division may hold hearings and conduct investigations related to its duties under this chapter and take evidence on any matter under inquiry before it.

      Sec. 19. An employee or agent of the Division is not liable in a civil action for any act performed in good faith and within the scope of the duties of the Division pursuant to the provisions of this chapter.

      Sec. 20. 1.  Each person desiring a license as a behavior analyst or assistant behavior analyst, certification as a state certified behavior interventionist or registration as a registered behavior technician must:

      (a) Make application to the Division upon a form and in a manner prescribed by the Division. The application must be accompanied by the application fee prescribed by the Division and include all information required to complete the application.

      (b) As part of the application and at his or her own expense:

             (1) Arrange to have a complete set of fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division; and

             (2) Submit to the Division:

                   (I) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the Division deems necessary for a report on the applicant’s background; or

                   (II) Written verification, on a form prescribed by the Division, stating that the set of fingerprints of the applicant was taken and directly forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History and that the applicant provided written permission authorizing the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the Division deems necessary for a report on the applicant’s background.

      2.  The Division may:

      (a) Unless the applicant’s fingerprints are directly forwarded pursuant to sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 1, submit those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

      (b) Request from each agency to which the Division submits the fingerprints any information regarding the applicant’s background as the Division deems necessary.

      3.  An application is not considered complete and received for purposes of evaluation pursuant to subsection 5 of section 21 of this act until the Division receives a complete set of fingerprints or verification that the fingerprints have been forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History, and written authorization from the applicant pursuant to this section.

 


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the Central Repository for Nevada Records of Criminal History, and written authorization from the applicant pursuant to this section.

      Sec. 21. 1.  Except as otherwise provided in sections 23 and 24 of this act, each application for licensure as a behavior analyst must be accompanied by evidence satisfactory to the Division that the applicant:

      (a) Is of good moral character as determined by the Division.

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

      (c) Holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

      2.  Each application for licensure as an assistant behavior analyst must be accompanied by evidence satisfactory to the Division that the applicant:

      (a) Is of good moral character as determined by the Division.

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

      (c) Holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

      3.  Each application for certification as a state certified behavior interventionist must contain proof that the applicant meets the qualifications prescribed by regulation of the Board, which must be no less stringent than the requirements for registration as a Registered Behavior Technician, or an equivalent credential, by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

      4.  Each application for registration as a registered behavior technician must contain proof that the applicant is registered as a Registered Behavior Technician, or an equivalent credential, by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization. The Board shall not require any additional education or training for registration as a registered behavior technician.

      5.  Except as otherwise provided in sections 23 and 24 of this act, within 120 days after receiving an application and the accompanying evidence from an applicant, the Division shall:

      (a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for licensure, certification or registration; and

      (b) Issue a written statement to the applicant of its determination.

      6.  If the Division determines that the qualifications of the applicant are insufficient for licensure, certification or registration, the written statement issued to the applicant pursuant to subsection 5 must include a detailed explanation of the reasons for that determination.

      Sec. 22. 1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license as a behavior analyst or assistant behavior analyst, certificate as a state certified behavior interventionist or registration as a registered behavior technician shall include the social security number of the applicant in the application submitted to the Division.

      (b) An applicant for the issuance or renewal of a license as a behavior analyst or assistant behavior analyst, certificate as a state certified behavior interventionist or registration as a registered behavior technician shall submit to the Aging and Disability Services Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520.

 


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behavior interventionist or registration as a registered behavior technician shall submit to the Aging and Disability Services Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Aging and Disability Services Division shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license, certificate or registration; or

      (b) A separate form prescribed by the Division.

      3.  A license as a behavior analyst or assistant behavior analyst, certificate as a state certified behavior interventionist or registration as a registered behavior technician must not be issued or renewed by the Aging and Disability Services Division if the applicant:

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

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

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Aging and Disability Services Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 23. 1.  The Division may issue a license by endorsement as a behavior analyst to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a license if the applicant holds a corresponding valid and unrestricted license as a behavior analyst 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 Division with his or her application:

      (a) Proof satisfactory to the Division 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 currently holds or has held a license as a behavior analyst; 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 Division to forward the fingerprints in the manner provided in section 20 of this act;

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

 


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      (d) The fee prescribed by the Division pursuant to the regulations adopted pursuant to section 16 of this act; and

      (e) Any other information required by the Division.

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

      (a) Forty-five days after receiving the application; or

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

Ê whichever occurs later.

      Sec. 24. 1.  The Division may issue a license by endorsement as a behavior analyst to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license as a behavior analyst 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 spouse, widow or widower of a veteran.

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

      (a) Proof satisfactory to the Division 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 behavior analyst; 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 Division to forward the fingerprints in the manner provided in section 20 of this act;

      (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 Division pursuant to the regulations adopted pursuant to section 16 of this act; and

      (e) Any other information required by the Division.

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

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

 


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

Ê whichever occurs later.

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

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

      Sec. 25. 1.  To renew a license as a behavior analyst or assistant behavior analyst, certificate as a state certified behavior interventionist or registration as a registered behavior technician, each person must, on or before the first day of January of each odd-numbered year:

      (a) Apply to the Division for renewal;

      (b) Pay the biennial fee for the renewal of a license, certificate or registration;

      (c) Submit evidence to the Division of completion of the requirements for continuing education as set forth in regulations adopted by the Division, if applicable; and

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

      2.  In addition to the requirements of subsection 1, to renew a certificate as a state certified behavior interventionist or registration as a registered behavior technician for the third time and every third renewal thereafter, a person must submit to an investigation of his or her criminal history in the manner prescribed in paragraph (b) of subsection 1 of section 20 of this act.

      3.  The Division shall, as a prerequisite for the renewal of a license as a behavior analyst or assistant behavior analyst, require each holder to comply with the requirements for continuing education adopted by the Board, which must include, without limitation, a requirement that the holder of a license receive at least 2 hours of instruction on evidence-based suicide prevention and awareness.

      4.  The Board may adopt regulations requiring each state certified behavior interventionist to receive continuing education as a prerequisite for the renewal of his or her certificate.

      5.  The Board shall not adopt regulations requiring a registered behavior technician to receive continuing education.

      Sec. 26. 1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license as a behavior analyst or assistant behavior analyst, certificate as a state certified behavior interventionist or registration as a registered behavior technician must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license as a behavior analyst or assistant behavior analyst, certificate as a state certified behavior interventionist or registration as a registered behavior technician may not be renewed if:

      (a) The applicant fails to submit the information required by subsection 1; or

 


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      (b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 27. 1.  The license of any behavior analyst or assistant behavior analyst, the certificate of a state certified behavior interventionist or the registration of a registered behavior technician who fails to pay the biennial fee for the renewal of a license, certificate or registration within 60 days after the date it is due is automatically suspended. The Division may, within 2 years after the date the license, certificate or registration is so suspended, reinstate the license, certificate or registration upon payment to the Division of the amount of the then current biennial fee for the renewal of a license, certificate or registration and the amount of the fee for the restoration of a license, certificate or registration so suspended. If the license, certificate or registration is not reinstated within 2 years, the Division may reinstate the license, certificate or registration only if it also determines that the holder of the license, certificate or registration is competent to practice as a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician, as applicable.

      2.  A notice must be sent to any person who fails to pay the biennial fee, informing the person that his or her license, certificate or registration is suspended.

      Sec. 28.  (Deleted by amendment.)

      Sec. 29. 1.  The Division may suspend or revoke a person’s license as a behavior analyst or assistant behavior analyst, certificate as a state certified behavior interventionist or registration as a registered behavior technician, place the person on probation, require remediation for the person or take any other action specified by regulation if the Division finds by a preponderance of the evidence that the person has:

      (a) Been convicted of a felony relating to the practice of applied behavior analysis.

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

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

      (d) Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of applied behavior analysis.

      (e) Except as otherwise provided in sections 12 and 12.6 of this act, aided or abetted practice as a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician by a person who is not licensed, certified or registered, as applicable, by the Division.

      (f) Made any fraudulent or untrue statement to the Division.

 


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      (g) Violated a regulation adopted by the Board.

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

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

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

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

      (l) Engaged in sexual activity with a patient or client.

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

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

      (o) Operated a medical facility, as defined in NRS 449.0151, at any time during which:

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

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

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

      2.  As used in this section, “preponderance of the evidence” has the meaning ascribed to it in NRS 233B.0375.

      Sec. 30. The Board shall adopt regulations that establish grounds for disciplinary action for a licensed behavior analyst, licensed assistant behavior analyst, state certified behavior interventionist or registered behavior technician in addition to those prescribed by section 29 of this act.

      Sec. 31. 1.  If the Division or a hearing officer appointed by the Division finds a person guilty in a disciplinary proceeding, the Division may:

      (a) Administer a public reprimand.

      (b) Limit the person’s practice.

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

      (d) Revoke the person’s license, certificate or registration.

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

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

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

 


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

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

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

      2.  The Division shall not administer a private reprimand.

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

      Sec. 32. 1.  If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license, certificate or registration issued pursuant to this chapter, the Division shall deem the license, certificate or registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued to the holder of the license, certificate or registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license, certificate or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Division shall reinstate a license, certificate or registration issued pursuant to this chapter that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license, certificate or registration was suspended stating that the person whose license, certificate or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 33. 1.  Service of process made under this chapter must be either upon the person or by registered or certified mail with return receipt requested, addressed to the person upon whom process is to be served at his or her last known address, as indicated on the records of the Division, if possible. If personal service cannot be made and if notice by mail is returned undelivered, the Division shall cause notice of hearing to be published once a week for 4 consecutive weeks in a newspaper published in the county of the last known address of the person upon whom process is to be served, or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.

      2.  Proof of service of process or publication of notice made under this chapter must be filed with the Division.

      Sec. 34. 1.  The Division or a hearing officer may issue subpoenas to compel the attendance of witnesses and the production of books, papers, documents, the records of patients and any other article related to the practice of applied behavior analysis.

      2.  If any witness refuses to attend or testify or produce any article as required by the subpoena, the Division may file a petition with the district court stating that:

      (a) Due notice has been given for the time and place of attendance of the witness or the production of the required articles;

      (b) The witness has been subpoenaed pursuant to this section; and

 


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      (c) The witness has failed or refused to attend or produce the articles required by the subpoena or has refused to answer questions propounded to him or her,

Ê and asking for an order of the court compelling the witness to attend and testify before the Division or a hearing officer, or produce the articles as required by the subpoena.

      3.  Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended or testified or produced the articles. A certified copy of the order must be served upon the witness.

      4.  If it appears to the court that the subpoena was regularly issued, the court shall enter an order that the witness appear before the Division or a hearing officer at the time and place fixed in the order and testify or produce the required articles, and upon failure to obey the order the witness must be dealt with as for contempt of court.

      Sec. 35. 1.  The Division, any review panel of a hospital or an association of behavior analysts, assistant behavior analysts, state certified behavior interventionists or registered behavior technicians which becomes aware that any one or a combination of the grounds for initiating disciplinary action may exist as to a person practicing applied behavior analysis in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Division.

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

      Sec. 36. When a complaint is filed with the Division, it shall review the complaint. If, from the complaint or from other official records, it appears that the complaint is not frivolous, the Division may:

      1.  Retain the Attorney General to investigate the complaint; and

      2.  If the Division retains the Attorney General, transmit the original complaint, along with further facts or information derived from the review, to the Attorney General.

      Sec. 37. 1.  The Division shall conduct an investigation of each complaint filed pursuant to section 35 of this act which sets forth reason to believe that a person has violated section 48 of this act.

      2.  If, after an investigation, the Division determines that a person has violated section 48 of this act, the Division:

      (a) May issue and serve on the person an order to cease and desist from engaging in any activity prohibited by section 48 of this act until the person obtains the proper license, certificate or registration from the Division;

      (b) May issue a citation to the person; and

      (c) Shall provide a written summary of the Division’s determination and any information relating to the violation to the Attorney General.

      3.  A citation issued pursuant to subsection 2 must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 5. Each violation of section 48 of this act constitutes a separate offense for which a separate citation may be issued.

 


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      4.  For any person who violates the provisions of section 48 of this act, the Division shall assess an administrative fine of:

      (a) For a first violation, $500.

      (b) For a second violation, $1,000.

      (c) For a third or subsequent violation, $1,500.

      5.  To appeal a citation issued pursuant to subsection 2, a person must submit a written request for a hearing to the Division within 30 days after the date of issuance of the citation.

      Sec. 38. 1.  If the Division retains the Attorney General pursuant to section 36 of this act, the Attorney General shall conduct an investigation of a complaint transmitted to the Attorney General to determine whether it warrants proceedings for the modification, suspension or revocation of the license, certificate or registration. If the Attorney General determines that further proceedings are warranted, he or she shall report the results of the investigation together with a recommendation to the Division in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing on the complaint.

      2.  The Division shall promptly make a determination with respect to each complaint reported to it by the Attorney General. The Division shall:

      (a) Dismiss the complaint; or

      (b) Proceed with appropriate disciplinary action.

      Sec. 39. Notwithstanding the provisions of chapter 622A of NRS, if the Division has reason to believe that the conduct of any behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician has raised a reasonable question as to competence to practice applied behavior analysis with reasonable skill and safety to patients, the Division may require the behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician to take a written or oral examination to determine whether the behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician is competent to practice applied behavior analysis. If an examination is required, the reasons therefor must be documented and made available to the behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician being examined.

      Sec. 40. Notwithstanding the provisions of chapter 622A of NRS, if the Division or a hearing officer issues an order suspending the license of a behavior analyst or assistant behavior analyst, certificate of a state certified behavior interventionist or registration of a registered behavior technician pending proceedings for disciplinary action and requires the behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician to submit to an examination of his or her competency to practice applied behavior analysis, the examination must be conducted and the results obtained within 60 days after the Division or hearing officer issues the order.

      Sec. 41. Notwithstanding the provisions of chapter 622A of NRS, if the Division receives a report pursuant to subsection 5 of NRS 228.420, a disciplinary proceeding regarding the report must be commenced within 30 days after the Division receives the report.

      Sec. 42. Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary proceeding before the Division or a hearing officer conducted under the provisions of this chapter:

 


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

      2.  A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license as a behavior analyst or assistant behavior analyst, certificate as a state certified behavior interventionist or registration as a registered behavior technician is conclusive evidence of its occurrence.

      3.  The entering of a plea of nolo contendere in a court of competent jurisdiction shall be deemed a conviction of the offense charged.

      Sec. 43. 1.  Any person who has been placed on probation or whose license, certificate or registration has been limited, suspended or revoked pursuant to this chapter is entitled to judicial review of the order.

      2.  Every order which limits the practice of applied behavior analysis or suspends or revokes a license, certificate or registration is effective from the date the Division certifies the order until the date the order is modified or reversed by a final judgment of the court.

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

      Sec. 44. Notwithstanding the provisions of chapter 622A of NRS:

      1.  Pending disciplinary proceedings before the Division or a hearing officer, the court may, upon application by the Division or the Attorney General, issue a temporary restraining order or a preliminary injunction to enjoin any unprofessional conduct of a behavior analyst, an assistant behavior analyst, a state certified behavior interventionist or a registered behavior technician which is harmful to the public, to limit the practice of the behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician or to suspend the license to practice as a behavior analyst or assistant behavior analyst, certificate to practice as a state certified behavior interventionist or registration to practice as a registered behavior technician without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

      2.  The disciplinary proceedings before the Division or a hearing officer must be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.

      Sec. 45. 1.  The Division or the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing in violation of section 50 of this act or as a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician without the proper license, certificate or registration from the Division.

      2.  Such an injunction:

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

      (b) Does not relieve any person from criminal prosecution for practicing without a license, certificate or registration.

      Sec. 46. In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Division, a review panel of a hospital, an association of behavior analysts, assistant behavior analysts, state certified behavior interventionists or registered behavior technicians, or any other person who or organization which initiates a complaint or assists in any lawful investigation or proceeding concerning the licensure of a behavior analyst or assistant behavior analyst, certification of a state certified behavior interventionist or registration of a registered behavior technician or the discipline of a behavior analyst, an assistant behavior analyst, a state certified behavior interventionist or a registered behavior technician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

 


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person who or organization which initiates a complaint or assists in any lawful investigation or proceeding concerning the licensure of a behavior analyst or assistant behavior analyst, certification of a state certified behavior interventionist or registration of a registered behavior technician or the discipline of a behavior analyst, an assistant behavior analyst, a state certified behavior interventionist or a registered behavior technician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

      Sec. 47. 1.  Any person:

      (a) Whose practice of applied behavior analysis has been limited;

      (b) Whose license, certificate or registration has been revoked; or

      (c) Who has been placed on probation,

Ê by an order of the Division or a hearing officer may apply to the Division after 1 year for removal of the limitation or termination of the probation or may apply to the Division pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license, certificate or registration.

      2.  In hearing the application, the Division:

      (a) May require the person to submit such evidence of changed conditions and of fitness as it considers proper.

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

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

      Sec. 48. Except as otherwise provided in sections 12, 12.3 and 12.6 of this act, a person shall not represent himself or herself as a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician within the meaning of this chapter or engage in the practice of applied behavior analysis unless he or she is licensed, certified or registered as required by the provisions of this chapter.

      Sec. 49. 1.  A licensed assistant behavior analyst shall not provide or supervise behavioral therapy except under the supervision of:

      (a) A licensed psychologist; or

      (b) A licensed behavior analyst.

      2.  A state certified behavior interventionist or registered behavior technician shall not provide behavioral therapy except under the supervision of:

      (a) A licensed psychologist;

      (b) A licensed behavior analyst; or

      (c) A licensed assistant behavior analyst.

      Sec. 50. Any person who:

      1.  Presents as his or her own the diploma, license, certificate, registration or credentials of another;

      2.  Gives either false or forged evidence of any kind to the Division in connection with an application for a license, certificate or registration;

      3.  Practices applied behavior analysis under a false or assumed name or falsely personates another behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician of a like or different name;

 


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      4.  Except as otherwise provided in sections 12 and 12.3 of this act, represents himself or herself as a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician, or uses any title or description which indicates or implies that he or she is a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician, unless he or she has been issued a license, certificate or registration as required by this chapter; or

      5.  Except as otherwise provided in sections 12, 12.3 and 12.6 of this act, practices as an applied behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician unless he or she has been issued a license, certificate or registration, as applicable,

Ê is guilty of a gross misdemeanor.

      Sec. 51. NRS 228.420 is hereby amended to read as follows:

      228.420  1.  The Attorney General has primary jurisdiction to investigate and prosecute any alleged criminal violations of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, and any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS.

      2.  For this purpose, the Attorney General shall establish within his or her office a Fraud Control Unit for Industrial Insurance. The Unit must consist of such persons as are necessary to carry out the duties set forth in this section, including, without limitation, an attorney, an auditor and an investigator.

      3.  The Attorney General, acting through the Unit established pursuant to subsection 2:

      (a) Is the single state agency responsible for the investigation and prosecution of any alleged criminal violations of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, and any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS;

      (b) Shall cooperate with the Division of Industrial Relations of the Department of Business and Industry, self-insured employers, associations of self-insured public or private employers, private carriers and other state and federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving violations of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, and any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS;

      (c) Shall protect the privacy of persons who are eligible to receive compensation pursuant to the provisions of chapter 616A, 616B, 616C, 616D or 617 of NRS and establish procedures to prevent the misuse of information obtained in carrying out this section; and

      (d) May, upon request, inspect the records of any self-insured employer, association of self-insured public or private employers, or private carrier, the Division of Industrial Relations of the Department of Business and Industry and the State Contractors’ Board to investigate any alleged violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, or any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS.

 


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616D.310, 616D.350 to 616D.440, inclusive, or any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS.

      4.  When acting pursuant to this section or NRS 228.175 or 228.410, the Attorney General may commence an investigation and file a criminal action without leave of court, and has exclusive charge of the conduct of the prosecution.

      5.  The Attorney General shall report the name of any person who has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, to the occupational board or other entity that issued the person’s license or certificate to provide medical care, remedial care or other services in this State.

      6.  The Attorney General shall establish a toll-free telephone number for persons to report information regarding alleged violations of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, and any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS.

      7.  As used in this section:

      (a) “Association of self-insured private employers” has the meaning ascribed to it in NRS 616A.050.

      (b) “Association of self-insured public employers” has the meaning ascribed to it in NRS 616A.055.

      (c) “Private carrier” has the meaning ascribed to it in NRS 616A.290.

      (d) “Self-insured employer” has the meaning ascribed to it in NRS 616A.305.

      Sec. 52. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.

 


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338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 13 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

 


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

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

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

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

      Sec. 53. NRS 287.0276 is hereby amended to read as follows:

      287.0276  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the plan of self-insurance under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

      2.  Coverage provided under this section is subject to:

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

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

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

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

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

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

 


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

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

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

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

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

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

      8.  As used in this section:

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

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

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

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

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

      (e)]technician or state certified behavior interventionist.

 


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

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

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

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

      (i)]Aging and Disability Services Division of the Department of Health and Human Services.

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

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

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

      (k) “Registered behavior technician” has the meaning ascribed to it in section 11.5 of this act.

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

      (m) “State certified behavior interventionist” has the meaning ascribed to it in section 11.7 of this act.

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

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

      Sec. 54. NRS 427A.040 is hereby amended to read as follows:

      427A.040  1.  The Division shall, consistent with the priorities established by the Commission pursuant to NRS 427A.038:

      (a) Serve as a clearinghouse for information related to problems of the aged and aging.

 


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      (b) Assist the Director in all matters pertaining to problems of the aged and aging.

      (c) Develop plans, conduct and arrange for research and demonstration programs in the field of aging.

      (d) Provide technical assistance and consultation to political subdivisions with respect to programs for the aged and aging.

      (e) Prepare, publish and disseminate educational materials dealing with the welfare of older persons.

      (f) Gather statistics in the field of aging which other federal and state agencies are not collecting.

      (g) Stimulate more effective use of existing resources and available services for the aged and aging.

      (h) Develop and coordinate efforts to carry out a comprehensive State Plan for Providing Services to Meet the Needs of Older Persons. In developing and revising the State Plan, the Division shall consider, among other things, the amount of money available from the Federal Government for services to aging persons and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services to aging persons.

      (i) Coordinate all state and federal funding of service programs to the aging in the State.

      2.  The Division shall:

      (a) Provide access to information about services or programs for persons with disabilities that are available in this State.

      (b) Work with persons with disabilities, persons interested in matters relating to persons with disabilities and state and local governmental agencies in:

             (1) Developing and improving policies of this State concerning programs or services for persons with disabilities, including, without limitation, policies concerning the manner in which complaints relating to services provided pursuant to specific programs should be addressed; and

             (2) Making recommendations concerning new policies or services that may benefit persons with disabilities.

      (c) Serve as a liaison between state governmental agencies that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities.

      (d) Serve as a liaison between local governmental agencies in this State that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities. To inform local governmental agencies in this State of services and programs of other local governmental agencies in this State for persons with disabilities pursuant to this subsection, the Division shall:

             (1) Provide technical assistance to local governmental agencies, including, without limitation, assistance in establishing an electronic network that connects the Division to each of the local governmental agencies that provides services or programs to persons with disabilities;

             (2) Work with counties and other local governmental entities in this State that do not provide services or programs to persons with disabilities to establish such services or programs; and

 


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             (3) Assist local governmental agencies in this State to locate sources of funding from the Federal Government and other private and public sources to establish or enhance services or programs for persons with disabilities.

      (e) Administer the following programs in this State that provide services for persons with disabilities:

             (1) The program established pursuant to NRS 427A.791, 427A.793 and 427A.795 to provide services for persons with physical disabilities;

             (2) The programs established pursuant to NRS 427A.800, 427A.850 and 427A.860 to provide services to persons with traumatic brain injuries;

             (3) The program established pursuant to NRS 427A.797 to provide devices for telecommunication to persons who are deaf and persons with impaired speech or hearing;

             (4) Any state program for independent living established pursuant to 29 U.S.C. §§ 796 et seq., with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation acting as the designated state unit, as that term is defined in 34 C.F.R. § 364.4; and

             (5) Any state program established pursuant to the Assistive Technology Act of 1998, 29 U.S.C. §§ 3001 et seq.

      (f) Provide information to persons with disabilities on matters relating to the availability of housing for persons with disabilities and identify sources of funding for new housing opportunities for persons with disabilities.

      (g) Before establishing policies or making decisions that will affect the lives of persons with disabilities, consult with persons with disabilities and members of the public in this State through the use of surveys, focus groups, hearings or councils of persons with disabilities to receive:

             (1) Meaningful input from persons with disabilities regarding the extent to which such persons are receiving services, including, without limitation, services described in their individual service plans, and their satisfaction with those services; and

             (2) Public input regarding the development, implementation and review of any programs or services for persons with disabilities.

      (h) Publish and make available to governmental entities and the general public a biennial report which:

             (1) Provides a strategy for the expanding or restructuring of services in the community for persons with disabilities that is consistent with the need for such expansion or restructuring;

             (2) Reports the progress of the Division in carrying out the strategic planning goals for persons with disabilities identified pursuant to chapter 541, Statutes of Nevada 2001;

             (3) Documents significant problems affecting persons with disabilities when accessing public services, if the Division is aware of any such problems;

             (4) Provides a summary and analysis of the status of the practice of interpreting and the practice of realtime captioning, including, without limitation, the number of persons engaged in the practice of interpreting in an educational setting in each professional classification established pursuant to NRS 656A.100 and the number of persons engaged in the practice of realtime captioning in an educational setting; and

 

 


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             (5) Recommends strategies and, if determined necessary by the Division, legislation for improving the ability of the State to provide services to persons with disabilities and advocate for the rights of persons with disabilities.

      3.  The Division shall confer with the Department as the sole state agency in the State responsible for administering the provisions of this chapter and chapter 435 of NRS.

      4.  The Division shall administer the provisions of chapters 435 and 656A of NRS [.] and sections 2 to 50, inclusive, of this act.

      5.  The Division may contract with any appropriate public or private agency, organization or institution, in order to carry out the provisions of this chapter and chapter 435 of NRS.

      Sec. 55. NRS 622A.090 is hereby amended to read as follows:

      622A.090  1.  “Regulatory body” means:

      (a) Any state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title; [and]

      (b) Any officer of a state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title [.] ; and

      (c) The Aging and Disability Services Division of the Department of Health and Human Services acting pursuant to sections 2 to 50, inclusive, of this act.

      2.  The term does not include any regulatory body which is exempted from the provisions of this chapter pursuant to NRS 622A.120, unless the regulatory body makes an election pursuant to that section to follow the provisions of this chapter.

      Sec. 56. NRS 641.020 is hereby amended to read as follows:

      641.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [641.0202] 641.021 to 641.027, inclusive, [and 689A.0435] have the meanings ascribed to them in those sections.

      Sec. 57. NRS 641.029 is hereby amended to read as follows:

      641.029  The provisions of this chapter do not apply to:

      1.  A physician who is licensed to practice in this State;

      2.  A person who is licensed to practice dentistry in this State;

      3.  A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

      4.  A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;

      5.  A person who is licensed to engage in social work pursuant to chapter 641B of NRS;

      6.  A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;

      7.  A person who is licensed as a clinical alcohol and drug abuse counselor, licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern, a clinical alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS; [or]

      8.  A person who is licensed as a behavior analyst or an assistant behavior analyst, certified as a state certified behavior interventionist or registered as a registered behavior technician pursuant to sections 2 to 50, inclusive, of this act, while engaged in the practice of applied behavior analysis as defined in section 10 of this act; or

 


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inclusive, of this act, while engaged in the practice of applied behavior analysis as defined in section 10 of this act; or

      9.  Any member of the clergy,

Ê if such a person does not commit an act described in NRS 641.440 or represent himself or herself as a psychologist.

      Sec. 58. NRS 641.030 is hereby amended to read as follows:

      641.030  The Board of Psychological Examiners, consisting of [seven] six members appointed by the Governor, is hereby created.

      Sec. 59. NRS 641.040 is hereby amended to read as follows:

      641.040  1.  The Governor shall appoint to the Board:

      (a) Four members who are licensed psychologists in the State of Nevada with at least 5 years of experience in the practice of psychology after being licensed.

      (b) [One member who is a licensed behavior analyst in the State of Nevada.

      (c)] One member who has resided in this State for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care.

      [(d)](c) One member who is a representative of the general public.

      2.  A person is not eligible for appointment unless he or she is:

      (a) A citizen of the United States; and

      (b) A resident of the State of Nevada.

      3.  The member who is a representative of the general public must not be a psychologist, an applicant or a former applicant for licensure as a psychologist, a member of a health profession, the spouse or the parent or child, by blood, marriage or adoption, of a psychologist, or a member of a household that includes a psychologist.

      4.  Board members must not have any conflicts of interest or the appearance of such conflicts in the performance of their duties as members of the Board.

      Sec. 60. NRS 641.100 is hereby amended to read as follows:

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

      Sec. 61. NRS 641.160 is hereby amended to read as follows:

      641.160  1.  Each person desiring a license must:

      (a) Make application to the Board upon a form, and in a manner, prescribed by the Board. The application must be accompanied by the application fee prescribed by the Board and include all information required to complete the application.

      (b) As part of the application and at his or her own expense:

             (1) Arrange to have a complete set of fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Board; and

             (2) Submit to the Board:

                   (I) 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 a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background; or

 


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such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background; or

                   (II) Written verification, on a form prescribed by the Board, stating that the set of fingerprints of the applicant was taken and directly forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History and that the applicant provided written permission authorizing the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background.

      2.  The Board may:

      (a) Unless the applicant’s fingerprints are directly forwarded pursuant to sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 1, submit those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Board deems necessary; and

      (b) Request from each agency to which the Board submits the fingerprints any information regarding the applicant’s background as the Board deems necessary.

      3.  An application is not considered complete and received for purposes of evaluation pursuant to subsection [4] 2 of NRS 641.170 until the Board receives a complete set of fingerprints or verification that the fingerprints have been forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History, and written authorization from the applicant pursuant to this section.

      Sec. 62. NRS 641.170 is hereby amended to read as follows:

      641.170  1.  Except as otherwise provided in NRS 641.195 and 641.196, each application for licensure as a psychologist must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 21 years of age.

      (b) Is of good moral character as determined by the Board.

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

      (d) Has earned a doctorate in psychology from an accredited educational institution approved by the Board, or has other doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training.

      (e) Has at least 2 years of experience satisfactory to the Board, 1 year of which must be postdoctoral experience in accordance with the requirements established by regulations of the Board.

      2.  [Except as otherwise provided in NRS 641.195 and 641.196, 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

 


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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.]  Except as otherwise provided in NRS 641.195 and 641.196, 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.]3.  The written statement issued to the applicant pursuant to subsection [4] 2 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.

      Sec. 63. NRS 641.195 is hereby amended to read as follows:

      641.195  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 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.

      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;

 


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             (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 currently holds or has held 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 641.228 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 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.

      Sec. 64. NRS 641.196 is hereby amended to read as follows:

      641.196  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:

      (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;

 


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      (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 641.228 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. 65. NRS 641.228 is hereby amended to read as follows:

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

 

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

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

For the issuance of an initial license, including a license by endorsement     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 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

 


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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 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.

      4.]  Except as otherwise provided in subsections [5] 4 and [6] 5 and NRS 641.195, 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.]4.  If an applicant submits an application for a license by endorsement pursuant to NRS 641.195, the Board shall charge and collect not more than the fee specified in subsection 1 for the issuance of an initial license.

      [6.]5.  If an applicant submits an application for a license by endorsement pursuant to NRS 641.196, 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. 66. NRS 641.230 is hereby amended to read as follows:

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

      (a) Been convicted of a felony relating to the practice of psychology . [or the practice of applied behavior analysis.]

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

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

      (d) Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of psychology . [or the practice of applied behavior analysis.]

      (e) Aided or abetted the practice of psychology by a person not licensed by the Board.

      (f) Made any fraudulent or untrue statement to the Board.

      (g) Violated a regulation adopted by the Board.

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

 


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

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

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

      (l) Engaged in sexual activity with a patient or client.

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

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

      (o) Operated a medical facility, as defined in NRS 449.0151, at any time during which:

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

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

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

      2.  As used in this section, “preponderance of the evidence” has the meaning ascribed to it in NRS 233B.0375.

      Sec. 67. NRS 689A.0435 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

 


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

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

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

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

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

      7.  As used in this section:

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

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

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

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

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

      (e)]technician or state certified behavior interventionist.

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

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

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

 


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

      (i)]Aging and Disability Services Division of the Department of Health and Human Services.

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

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

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

      (k) “Registered behavior technician” has the meaning ascribed to it in section 11.5 of this act.

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

      (m) “State certified behavior interventionist” has the meaning ascribed to it in section 11.7 of this act.

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

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

      Sec. 68. NRS 689B.0335 is hereby amended to read as follows:

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

      2.  Coverage provided under this section is subject to:

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

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

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

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

 

 


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

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

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

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

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

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

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

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

      8.  As used in this section:

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

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

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

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

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

      (e)]technician or state certified behavior interventionist.

 


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

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

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

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

      (i)]Aging and Disability Services Division of the Department of Health and Human Services.

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

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

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

      (k) “Registered behavior technician” has the meaning ascribed to it in section 11.5 of this act.

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

      (m) “State certified behavior interventionist” has the meaning ascribed to it in section 11.7 of this act.

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

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

      Sec. 69. NRS 689C.1655 is hereby amended to read as follows:

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

      2.  Coverage provided under this section is subject to:

 


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

ê2017 Statutes of Nevada, Page 4257 (Chapter 588, SB 286)ê

 

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

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

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

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

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

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

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

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

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

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

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

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

      8.  As used in this section:

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

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

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

 


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

ê2017 Statutes of Nevada, Page 4258 (Chapter 588, SB 286)ê

 

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

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

      (e)]technician or state certified behavior interventionist.

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

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

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

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

      (i)]Aging and Disability Services Division of the Department of Health and Human Services.

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

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

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

      (k) “Registered behavior technician” has the meaning ascribed to it in section 11.5 of this act.

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

      (m) “State certified behavior interventionist” has the meaning ascribed to it in section 11.7 of this act.

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

 


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

ê2017 Statutes of Nevada, Page 4259 (Chapter 588, SB 286)ê

 

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

      Sec. 70. NRS 695C.1717 is hereby amended to read as follows:

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

      2.  Coverage provided under this section is subject to:

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

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

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

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

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

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

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

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

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

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

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

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

      8.  As used in this section:

 


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

ê2017 Statutes of Nevada, Page 4260 (Chapter 588, SB 286)ê

 

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

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

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

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

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

      (e)]technician or state certified behavior interventionist.

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

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

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

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

      (i)]Aging and Disability Services Division of the Department of Health and Human Services.

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

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

 


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

ê2017 Statutes of Nevada, Page 4261 (Chapter 588, SB 286)ê

 

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

      (k) “Registered behavior technician” has the meaning ascribed to it in section 11.5 of this act.

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

      (m) “State certified behavior interventionist” has the meaning ascribed to it in section 11.7 of this act.

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

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

      Sec. 71. NRS 695G.1645 is hereby amended to read as follows:

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

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

      3.  Coverage provided under this section is subject to:

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

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

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

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

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

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

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

 


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

ê2017 Statutes of Nevada, Page 4262 (Chapter 588, SB 286)ê

 

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

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

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

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

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

      9.  As used in this section:

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

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

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

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

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

      (e)]technician or state certified behavior interventionist.

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

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

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

 


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

ê2017 Statutes of Nevada, Page 4263 (Chapter 588, SB 286)ê

 

Psychological Examiners] Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

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

      (i)]Aging and Disability Services Division of the Department of Health and Human Services.

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

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

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

      (k) “Registered behavior technician” has the meaning ascribed to it in section 11.5 of this act.

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

      (m) “State certified behavior interventionist” has the meaning ascribed to it in section 11.7 of this act.

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

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

      Sec. 72. Section 25 of this act is hereby amended to read as follows:

      Sec. 25.  1.  To renew a license as a behavior analyst or assistant behavior analyst, certificate as a state certified behavior interventionist or registration as a registered behavior technician, each person must, on or before the first day of January of each odd-numbered year:

       (a) Apply to the Division for renewal;

       (b) Pay the biennial fee for the renewal of a license, certificate or registration;

       (c) Submit evidence to the Division of completion of the requirements for continuing education as set forth in regulations adopted by the Division, if applicable; and

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

       2.  In addition to the requirements of subsection 1, to renew a certificate as a state certified behavior interventionist or registration as a registered behavior technician for the third time and every third renewal thereafter, a person must submit to an investigation of his or her criminal history in the manner prescribed in paragraph (b) of subsection 1 of section 20 of this act.

 


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

ê2017 Statutes of Nevada, Page 4264 (Chapter 588, SB 286)ê

 

       3.  The Division shall, as a prerequisite for the renewal of a license as a behavior analyst or assistant behavior analyst, require each holder to comply with the requirements for continuing education adopted by the Board . [, which must include, without limitation, a requirement that the holder of a license receive at least 2 hours of instruction on evidence-based suicide prevention and awareness.]

       4.  The Board may adopt regulations requiring each state certified behavior interventionist to receive continuing education as a prerequisite for the renewal of his or her certificate.

       5.  The Board shall not adopt regulations requiring a registered behavior technician to receive continuing education.

      Sec. 73.  Notwithstanding the amendatory provisions of this act:

      1.  Any disciplinary or other administrative action taken against a behavior analyst or assistant behavior analyst by the Board of Psychological Examiners remains in effect as if taken by the Aging and Disability Services Division of the Department of Health and Human Services.

      2.  A license that is valid on January 1, 2019, and that was issued by the Board of Psychological Examiners:

      (a) Shall be deemed to be issued by the Aging and Disability Services Division of the Department of Health and Human Services; and

      (b) Remains valid until its date of expiration, if the holder of the license otherwise remains qualified for the issuance or renewal of the license on or after January 1, 2019.

      Sec. 74. 1.  The term of the member of the Board of Psychological Examiners appointed to the Board pursuant to paragraph (b) of subsection 1 of NRS 641.040 who is incumbent on December 31, 2018, expires on that date.

      2.  As soon as practicable on or after January 1, 2019, the Governor shall appoint to the Board of Applied Behavior Analysis created by section 13.3 of this act:

      (a) Two members described in paragraph (a) of subsection 2 of section 13.3 of this act to terms that expire on January 1, 2021; and

      (b) Two members described in paragraph (a) of subsection 2 of section 13.3 of this act and the member described in paragraph (b) of that subsection to terms that expire on January 1, 2023.

      Sec. 75.  1.  Notwithstanding the amendatory provisions of sections 14, 17, 21, 24, 25, 29, 30, 60, 62 and 64 of this act transferring authority to adopt regulations from the Board of Psychological Examiners to the Board of Applied Behavior Analysis created by section 13.3 of this act, any regulations adopted by the Board of Psychological Examiners that do not conflict with the provisions of this act remain in effect and may be enforced by the Aging and Disability Services Division of the Department of Health and Human Services until the Board of Applied Behavior Analysis adopts regulations to repeal or replace those regulations.

      2.  Any regulations adopted by the Board of Psychological Examiners that conflict with the provisions of this act are void. The Legislative Counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after January 1, 2019.

      Sec. 76.  The Legislative Counsel shall:

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

 


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

ê2017 Statutes of Nevada, Page 4265 (Chapter 588, SB 286)ê

 

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

      Sec. 77. NRS 641.0202, 641.0204, 641.0206, 641.0247, 641.232 and 641.395 are hereby repealed.

      Sec. 78.  1.  This section and section 74 of this act become effective upon passage and approval.

      2.  Sections 1 to 71, inclusive, 73, 75, 76 and 77 of this act become effective on January 1, 2019.

      3.  Section 72 of this act becomes effective on July 1, 2026.

      4.  Sections 22 and 32 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

________

CHAPTER 589, AB 405

Assembly Bill No. 405–Assemblymen Brooks, Watkins, Frierson, Yeager, McCurdy II; Araujo, Bilbray-Axelrod, Carrillo, Cohen, Diaz, Fumo, Jauregui, Joiner, Miller, Monroe-Moreno, Neal, Swank and Thompson

 

Joint Sponsors: Senators Atkinson, Ford, Manendo, Segerblom and Spearman

 

CHAPTER 589

 

[Approved: June 15, 2017]

 

AN ACT relating to renewable energy; creating the contractual requirements for an agreement for the lease or purchase of a distributed generation system and a power purchase agreement; describing utility rates; establishing the minimum warranty requirements for an agreement concerning a distributed generation system; creating the Renewable Energy Bill of Rights; requiring certain electric utilities to file a request with the Public Utilities Commission of Nevada to establish an optional time-variant rate schedule for customers; requiring a utility to provide a credit to certain customer-generators for excess electricity generated by the net metering systems of such customer-generators; revising provisions governing the eligibility of certain customers of electric utilities in this State to participate in net metering; revising various other provisions relating to net metering; providing a penalty; and providing other matters properly relating thereto.

 


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

ê2017 Statutes of Nevada, Page 4266 (Chapter 589, AB 405)ê

 

Legislative Counsel’s Digest:

      Sections 9-11 of this bill set forth the requirements for the cover page, provisions and summary disclosure statement of agreements for the lease of a distributed generation system. Sections 12-14 of this bill set forth the requirements for the cover page, provisions and summary disclosure statement of agreements for the purchase of a distributed generation system. Sections 15-17 of this bill set forth the requirements for the cover page, provisions and summary disclosure statement of agreements for the sale of the output of a distributed generation system, known as a power purchase agreement.

      Section 18 of this bill sets forth the disclosure relating to utility rates that must be included with an agreement created pursuant to sections 9-17 if the agreement makes a written reference to the price of electricity that is provided by an electric utility. Section 19 of this bill sets forth the minimum warranty requirements for an agreement created pursuant to sections 9-17 concerning a distributed generation system.

      Section 20 of this bill: (1) establishes that it is a deceptive trade practice if a person fails to comply with sections 2-20 of this bill; and (2) authorizes the Public Utilities Commission of Nevada to direct a customer to the appropriate person or agency to resolve a complaint concerning a solar installation company. Section 20 additionally establishes that it is consumer fraud if a person violates any provision of sections 2-20. Section 20 further requires that any document described in sections 9-19 be provided in: (1) English; or (2) Spanish, if any person so requests.

      Sections 22-25 of this bill create the Renewable Energy Bill of Rights that applies to each natural person who is a resident of this State.

      Existing law defines “net metering” as the measure of the difference between the electricity supplied by an electric utility and the electricity generated by a customer-generator that is fed back to the utility. (NRS 704.769) Section 27 of this bill requires electric utilities to file a request with the Commission to establish an optional time-variant rate schedule for customers, including customer-generators that acquire an energy storage system. Section 27 further requires that such a request be designed to expand and accelerate the development and use of energy storage systems in this State. Section 27 additionally authorizes the Commission to approve any such request that the Commission finds to be in the public interest.

      Section 28.3 of this bill provides that if a customer-generator accepts the offer of a utility for net metering and has a net metering system with a capacity of 25 kilowatts or less, the utility is required to provide the customer-generator a credit for certain excess electricity that is generated by the customer-generator. Section 28.3 requires that this credit: (1) apply to each kilowatt-hour of excess electricity that is generated by a customer-generator; and (2) equals a percentage of the rate the customer-generator would have paid for a kilowatt-hour of electricity supplied by the utility at the time the customer-generator fed the kilowatt-hour of excess electricity back to the utility. Section 28.3 further provides that this percentage be tiered based on the amount of cumulative installed capacity in this State of net metering systems with a capacity of not more than 25 kilowatts.

      Section 28.5 of this bill requires the Commission to open an investigatory docket to establish a methodology for determining the effect of net metering on rates charged by a utility to its customers. On or before June 30, 2020, and biennially thereafter, the Commission is required to submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report concerning the impact of net metering on such rates.

      Section 28.7 of this bill enacts provisions relating to net metering that would become effective on the date that the Legislature provides by law for an open, competitive electric energy market in a service territory. Under section 28.7, if the Legislature provides by law for such a market: (1) each person providing electric service in the service territory under such a law would be required to offer net metering to its customers; (2) the Commission or any other agency designated by such a law to regulate electric service in this State must prohibit any person providing electric service in the service territory from impeding or interrupting the operation or performance or otherwise restricting the output of an existing net metering system; and (3) a customer-generator must be required to pay any costs charged to other customers of the customer-generator’s provider of electric service who are in the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system.

 


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performance or otherwise restricting the output of an existing net metering system; and (3) a customer-generator must be required to pay any costs charged to other customers of the customer-generator’s provider of electric service who are in the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system.

      Existing law requires each electric utility in this State to offer net metering to customer-generators operating in the service area of the utility until the date on which the cumulative capacity of all net metering systems in this State for which electric utilities have accepted completed applications is 235 megawatts. (NRS 704.773)

      Section 31 of this bill amends existing law to require each electric utility to offer net metering to customer-generators operating within the service area of the utility. Section 31 further requires the utility to not: (1) charge the customer-generator any fee or charge that is different than that charged to other customers of the utility to which the customer-generator would belong if he or she did not have a net metering system; and (2) reduce the amount of the minimum monthly charge of the customer-generator based on the electricity the customer-generator feeds back to the utility. Section 31 additionally requires the Commission and a utility to allow the customer-generator to continue net metering at the location at which the system is originally installed for 20 years.

      Existing law sets forth that after the date on which the cumulative capacity is 235 megawatts, electric utilities are to offer net metering to customer-generators in accordance with a tariff filed by the utility and approved by the Commission. (NRS 704.7735) Section 33 of this bill repeals this provision.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. The Legislature hereby finds and declares that the provisions of this act are necessary to provide for the immediate reestablishment of the rooftop solar market in this State for the purposes of:

      1.  Encouraging the creation of new jobs opportunities in this State;

      2.  Advancing the development of renewable energy using the natural solar resources of this State; and

      3.  Ensuring that this State maintains flexibility considering the possibility that the ballot question known as the “Energy Choice Initiative” may be approved by the voters at the 2018 general election and alter the structure of the electricity market in this State.

      Sec. 1.5. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 20, inclusive, of this act.

      Sec. 2. As used in sections 2 to 20, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Commission” means the Public Utilities Commission of Nevada.

      Sec. 3.5. “Disclosure” means a written statement.

      Sec. 4. “Distributed generation system” means a system or facility for the generation of electricity:

      1.  That uses solar energy to generate electricity;

      2.  That is located on the property of a customer of an electric utility;

      3.  That is connected on the customer’s side of the electricity meter;

      4.  That provides electricity primarily to offset customer load on that property; and

 


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      5.  The excess generation from which is periodically exported to the grid in accordance with the provisions governing net metering systems used by customer-generators pursuant to NRS 704.766 to 704.775, inclusive, and sections 27 to 29, inclusive, of this act.

      Sec. 5. “Host customer” means either:

      1.  The customer of record of an electric utility at the location where an energy system that uses photovoltaic cells and solar energy to generate electricity will be located; or

      2.  A person who has been designated by the customer of record of an electric utility in a letter to the utility explaining the relationship between that person and the customer of record.

      Sec. 6. “Portfolio energy credit” has the meaning ascribed to it in NRS 704.7803.

      Sec. 7. “Power purchase agreement” means an agreement in which a solar installation company:

      1.  Arranges for the design, installation, maintenance and energy output of a distributed generation system; and

      2.  Sells the electricity generated from a distributed generation system to the host customer.

      Sec. 8. 1.  “Solar installation company” means any form of business organization or any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization, that transacts business directly with a residential customer of an electric utility to:

      (a) Sell and install a distributed generation system; or

      (b) Install a distributed generation system owned by a third party from whom the customer:

             (1) Leases a distributed generation system; or

             (2) Purchases electricity generated by a distributed generation system.

      2.  The term does not include entities that are third party:

      (a) Owners of a distributed generation system; or

      (b) Financiers of a distributed generation system who do not sell or install the distributed generation system.

      Sec. 9. An agreement for the lease of a distributed generation system must include a cover page that provides the following information in at least 10-point font:

      1.  The amounts due at the signing for and at the completion of the installation or any inspection of the distributed generation system.

      2.  An estimated timeline for the installation of the distributed generation system.

      3.  The estimated amount of the monthly payments due under the lease in the first year of operation of the distributed generation system.

      4.  The length of the term of the lease.

      5.  A description of any warranties.

      6.  The rate of any payment increases.

      7.  The identification of any state or federal tax incentives that are included in calculating the amount of the monthly payments due under the lease.

      8.  The estimated production of the distributed generation system in the first year of operation.

 


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      9.  A description of the terms for renewal or any other options available at the end of the term of the lease.

      10.  A description of any option to purchase the distributed generation system before the end of the term of the lease.

      11.  Notice of the existence of the Recovery Fund administered by the State Contractors’ Board pursuant to NRS 624.470.

      12.  Notice that a person financially damaged by a licensed contractor who performs work on a residence may be eligible to recover certain financial damages from the Recovery Fund.

      13.  Notice that a host customer may file a complaint with the Public Utilities Commission of Nevada.

      14.  Contact information for the State Contractors’ Board and the Public Utilities Commission of Nevada, including, without limitation, a telephone number.

      Sec. 10. An agreement for the lease of a distributed generation system must include, without limitation, the following information in at least 10-point font:

      1.  The name, mailing address, telephone number and number of the contractor’s license of the solar installation company.

      2.  The name, mailing address and telephone number of:

      (a) The lessor of the distributed generation system; and

      (b) The name, mailing address and telephone number of the person responsible for all maintenance of the distributed generation system, if different from the solar installation company.

      3.  An estimated timeline for the installation of the distributed generation system.

      4.  The length of the term of the lease.

      5.  A general description of the distributed generation system.

      6.  The amounts due at the signing for and at the completion of the installation or any inspection of the distributed generation system.

      7.  A description of any warranties.

      8.  The amount of the:

      (a) Monthly payments due under the lease; and

      (b) Total payments due under the lease, excluding taxes.

      9.  A description of any other one-time or recurring charges, including, without limitation, a description of the circumstances that trigger any late fees.

      10.  A description of any obligation the lessor has regarding the installation, repair or removal of the distributed generation system.

      11.  A description of any obligation the lessor has regarding construction of and insurance for the distributed generation system.

      12.  A description of any:

      (a) Taxes due at the commencement of the lease; and

      (b) Estimation of taxes known to be applicable during the term of the lease, subject to any change in the state or local tax rate or tax structure.

      13.  A copy of the warranty for the distributed generation system.

      14.  A disclosure notifying the lessee of the transferability of the obligations under the warranty to a subsequent lessee.

      15.  The identification of any state or federal tax incentives that are included in calculating the amount of the monthly payments due under the lease.

 


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      16.  A description of the ownership of any tax credits, tax rebates, tax incentives or portfolio energy credits in connection with the distributed generation system.

      17.  Any terms for renewal of the lease.

      18.  A description of any option to purchase the distributed generation system before the end of the term of the lease.

      19.  A description of all options available to the host customer in connection with the continuation, termination or transfer of the lease in the event of the:

      (a) Sale of the property to which the distributed generation system is affixed; or

      (b) Death of the lessee.

      20.  A description of any restrictions that the lease imposes on the modification or transfer of the property to which the distributed generation system is affixed.

      21.  The granting to the lessee of the right to rescind the lease for a period ending not less than 3 business days after the lease is signed.

      22.  An estimate of the amount of electricity that could be generated by the distributed generation system in the first year of operation.

      23.  A signature block that is signed and dated by the lessor and the lessee of the distributed generation system.

      Sec. 11. 1.  An agreement for the lease of a distributed generation system must include a disclosure that is not more than 3 pages in length and is in at least 10-point font.

      2.  The disclosure described in subsection 1 must be separate from the cover page and agreement described in sections 9 and 10 of this act.

      3.  The disclosure described in subsection 1 must include, without limitation:

      (a) The name, mailing address, telephone number and electronic mail address of the lessor;

      (b) The name, mailing address, telephone number, electronic mail address and number of the contractor’s license of the person who installed the distributed generation system, if different from the solar installation company;

      (c) The name, mailing address, telephone number, electronic mail address and the number of the contractor’s license of the person responsible for all maintenance of the distributed generation system, if different from the solar installation company;

      (d) The length of the term of the lease;

      (e) The amount of the monthly payments due under the lease in the first year of operation;

      (f) The amounts due at the signing for and at the completion of the installation of the distributed generation system;

      (g) The estimated amount of the total payments due under the lease, including, without limitation, any incentives that are included in the estimated lease payments;

      (h) A description of any one-time or recurring fees, including, without limitation, a description of the circumstances that trigger:

             (1) Any late fees;

             (2) Estimated fees for the removal of the distributed generation system;

 


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             (3) Fees for a notice of removal and refiling pursuant to the Uniform Commercial Code;

             (4) Fees for connecting to the Internet; and

             (5) Fees for not enrolling in a program in which payments are made through an electronic transfer of money cleared through an automated clearinghouse;

      (i) The total number of payments to be made under the lease;

      (j) The due date of any payment and the manner in which the consumer will receive an invoice for such payments;

      (k) The rate of any payment increases and the date on which the first increase in the rate may occur, if applicable;

      (l) Assumptions concerning the design of the distributed generation system, including, without limitation:

             (1) The size of the distributed generation system;

             (2) The estimated amount of production for the distributed generation system in the first year of operation;

             (3) The estimated annual degradation to the distributed generation system; and

             (4) As specified by the lease at the time of installation, whether or not an electric utility must credit a customer of the electric utility for any excess energy that is generated by the distributed generation system;

      (m) A disclosure notifying the lessee of the intent of the lessor to file a fixture filing, as defined in NRS 104A.2309, on the distributed generation system;

      (n) A disclosure notifying the lessee if maintenance and repairs of the distributed generation system are included in the lease;

      (o) A disclosure describing any warranty for the repair of any damage to the roof of the property owned by the lessee in connection with the installation or removal of the distributed generation system;

      (p) A disclosure describing:

             (1) The transferability of the lease; and

             (2) Any conditions on transferring the lease in connection with the lessee selling his or her property;

      (q) A description of any guarantees of the performance of the distributed generation system;

      (r) A description of the basis for any estimates of savings that were provided to the lessee, if applicable; and

      (s) A disclosure concerning the retention of any portfolio energy credits, if applicable.

      Sec. 12. An agreement for the purchase of a distributed generation system must include a cover page that provides the following information in at least 10-point font:

      1.  The size of the distributed generation system.

      2.  The length of the term of the warranty for the distributed generation system.

      3.  An estimated timeline for the installation of the distributed generation system.

      4.  A description of any warranties.

      5.  The total cost of the distributed generation system.

      6.  The estimated value of any portfolio energy credits and rebates of any incentives included in the calculation of the total cost of the distributed generation system.

 


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      7.  The amounts due at the signing for and at the completion of the installation of the distributed generation system.

      8.  The estimated production of the distributed generation system in the first year of operation.

      9.  Notice of the existence of the Recovery Fund administered by the State Contractors’ Board pursuant to NRS 624.470.

      10.  Notice that a person financially damaged by a licensed contractor who performs work on a residence may be eligible to recover certain financial damages from the Recovery Fund.

      11.  Notice that a host customer may file a complaint with the Public Utilities Commission of Nevada.

      12.  Contact information for the State Contractors’ Board and Public Utilities Commission of Nevada, including, without limitation, a telephone number.

      Sec. 13. An agreement for the purchase of a distributed generation system must include, without limitation, the following information in at least 10-point font:

      1.  The name, mailing address, telephone number, electronic mail address and number of the contractor’s license of the solar installation company.

      2.  The name, mailing address, telephone number and electronic mail address of:

      (a) The purchaser of the distributed generation system; and

      (b) The name, mailing address, telephone number and electronic mail address of the person responsible for all maintenance of the distributed generation system, if different from the solar installation company.

      3.  A description, which includes, without limitation, any assumptions, concerning the design and installation of the distributed generation system. Such a description must include, without limitation:

      (a) The size of the distributed generation system;

      (b) The estimated amount of production for the distributed generation system in the first year of operation; and

      (c) The estimated annual degradation to the distributed generation system.

      4.  The total cost of the distributed generation system.

      5.  An estimated timeline for the installation of the distributed generation system.

      6.  A payment schedule, including, without limitation:

      (a) The due dates for any deposit; and

      (b) Any subsequent payments that are not to exceed the total system cost stated on the cover page pursuant to section 12 of this act.

      7.  The granting to the purchaser the right to rescind the agreement for a period ending not less than 3 business days after the agreement is signed.

      8.  A copy of the warranty for the distributed generation system.

      9.  A disclosure notifying the purchaser of the transferability of the obligations under the warranty to a subsequent purchaser.

      10.  The identification of any incentives included in the calculation of the total cost of the distributed generation system.

      11.  A description of any guarantee of the performance of the distributed generation system.

 


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      12.  A signature block that is signed and dated by the purchaser of the distributed generation system and the solar installation company.

      13.  A description of the basis for any estimates of savings that were provided to the purchaser, if applicable.

      14.  A disclosure concerning the retention of any portfolio energy credits, if applicable.

      Sec. 14. 1.  An agreement for the purchase of a distributed generation system must include a disclosure that is not more than 3 pages in length and is in at least 10-point font.

      2.  The disclosure described in subsection 1 must be separate from the cover page and agreement described in sections 12 and 13 of this act.

      3.  The disclosure described in subsection 1 must include, without limitation:

      (a) The name, mailing address, telephone number and electronic mail address of the solar installation company;

      (b) The name, mailing address, telephone number, electronic mail address and number of the contractor’s license of the person who installed the distributed generation system, if different from the solar installation company;

      (c) The name, mailing address, telephone number, electronic mail address and the number of the contractor’s license of the person responsible for all maintenance of the distributed generation system, if different from the solar installation company;

      (d) The purchase price of the distributed generation system;

      (e) The payment schedule for the distributed generation system;

      (f) The approximate start and completion dates for the installation of the distributed generation system;

      (g) A disclosure notifying the purchaser of the responsible party for obtaining approval for connecting the distributed generation system to the electricity meter on the host customer’s side;

      (h) Assumptions concerning the design of the distributed generation system, including, without limitation:

             (1) The size of the distributed generation system;

             (2) The estimated amount of production for the distributed generation system in the first year of operation;

             (3) The estimated annual degradation to the distributed generation system; and

             (4) As specified by the agreement at the time of installation, whether or not an electric utility must credit a customer of the electric utility for any excess energy that is generated by the distributed generation system;

      (i) A disclosure notifying the purchaser if maintenance and repairs of the distributed generation system are included in the purchase;

      (j) A disclosure describing any warranty for the repair of any damage to the roof of the property owned by the purchaser in connection with the installation or removal of the distributed generation system;

      (k) A description of any guarantees of the performance of the distributed generation system;

      (l) A description of the basis for any estimates of savings that were provided to the purchaser, if applicable; and

      (m) A disclosure concerning the retention of any portfolio energy credits, if applicable.

 


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      Sec. 15. A power purchase agreement for the sale of the output of a distributed generation system must include a cover page that provides the following information in at least 10-point font:

      1.  The rate of any increase in the payments to be made during the term of the agreement and, if applicable, the date of the first such increase.

      2.  An estimated timeline for the installation of the distributed generation system.

      3.  The rate of electricity per kilowatt-hour of electricity for the first year of the agreement.

      4.  The length of the term of the agreement.

      5.  The amounts due at the signing for and at the completion of the installation or any inspection of the distributed generation system.

      6.  The estimated production of the distributed generation system in the first year of operation.

      7.  A description of the options available at the end of the term of the agreement.

      8.  A description of any option to purchase the distributed generation system before the end of the term of the agreement.

      9.  Notice of the existence of the Recovery Fund administered by the State Contractors’ Board pursuant to NRS 624.470.

      10.  Notice that a person financially damaged by a licensed contractor who performs work on a residence may be eligible to recover certain financial damages from the Recovery Fund.

      11.  Notice that a host customer may file a complaint with the Public Utilities Commission of Nevada.

      12.  Contact information for the State Contractors’ Board and the Public Utilities Commission of Nevada, including, without limitation, a telephone number.

      Sec. 16. A power purchase agreement for the sale of the output of a distributed generation system must include, without limitation, the following information in at least 10-point font:

      1.  The name, mailing address, telephone number, electronic mail address and number of the contractor’s license of the solar installation company.

      2.  The name, mailing address, telephone number and electronic mail address of:

      (a) The provider of the distributed generation system; and

      (b) The name, mailing address, telephone number and electronic mail address of the person responsible for all maintenance of the distributed generation system, if different from the solar installation company.

      3.  The length of the term of the agreement.

      4.  An estimated timeline for the installation of the distributed generation system.

      5.  The payments made during the first year of the agreement for the price of electricity, which includes, without limitation, the price per kilowatt-hour of electricity and the price per monthly system electrical output.

      6.  The estimated annual electrical output of the distributed generation system.

      7.  The rate of any increase in the payments to be made during the term of the agreement and, if applicable, the date of the first such increase.

 


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      8.  A description of any obligation the solar installation company has regarding construction and repair of and insurance for the distributed generation system.

      9.  A description of any one-time or recurring fees, including, without limitation, a description of the circumstances that trigger any late fees.

      10.  A description of any:

      (a) Taxes due at the commencement of the agreement; and

      (b) Estimation of taxes known to be applicable during the term of the agreement, subject to a change in the state or local tax rate or tax structure.

      11.  A copy of the warranty for the distributed generation system.

      12.  A description of the ownership of any tax credits, tax rebates, tax incentives or portfolio energy credits in connection with the distributed generation system.

      13.  Any terms for renewal of the agreement.

      14.  A description of any option to purchase the distributed generation system before the end of the term of the agreement.

      15.  A description of all options available to the host customer in connection with the continuation, termination or transfer of the agreement in the event of the:

      (a) Sale of the property to which the distributed generation system is affixed; or

      (b) Death of the purchaser.

      16.  The granting to the purchaser of the right to rescind the agreement for a period ending not less than 3 business days after the agreement is signed.

      17.  A description of any restrictions that the agreement imposes on the modification or transfer of the property to which the distributed generation system is affixed.

      18.  A description of any guarantees of the performance of the distributed generation system.

      19.  A disclosure notifying the host customer of the transferability of the obligations under the warranty to a subsequent purchaser.

      20.  A signature block that is signed and dated by the purchaser and the solar installation company.

      21.  A statement describing the due dates of any payments.

      Sec. 17. 1.  A power purchase agreement for the sale of output of a distributed generation system must include a disclosure that is not more than 3 pages in length and is in at least 10-point font.

      2.  The disclosure described in subsection 1 must be separate from the cover page and agreement described in sections 15 and 16 of this act.

      3.  The disclosure described in subsection 1 must include, without limitation:

      (a) The name, mailing address, telephone number and electronic mail address of the solar installation company;

      (b) The name, mailing address, telephone number, electronic mail address and number of the contractor’s license of the person who installed the distributed generation system, if different from the solar installation company;

      (c) The name, mailing address, telephone number, electronic mail address and the number of the contractor’s license of the person responsible for all maintenance of the distributed generation system if different from the solar installation company;

 


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responsible for all maintenance of the distributed generation system if different from the solar installation company;

      (d) The payment schedule for the distributed generation system, including, without limitation, any payments that are due, if applicable, at:

             (1) Signing for the distributed generation system;

             (2) Commencement of installation of the distributed generation system; and

             (3) Completion of installation of the distributed generation system;

      (e) A description of any one-time or recurring fees, including, without limitation, a description of the circumstances that trigger:

             (1) Any late fees;

             (2) Estimated fees for the removal of the distributed generation system;

             (3) Fees for a notice of removal and refiling pursuant to the Uniform Commercial Code;

             (4) Fees for connecting to the Internet; and

             (5) Fees for not enrolling in a program in which payments are made through an electronic transfer of money cleared through an automated clearinghouse;

      (f) A statement that describes when payments are due;

      (g) The rate of any payment increases and the date on which the first increase in the rate may occur, if applicable;

      (h) Assumptions concerning the design of the distributed generation system, including, without limitation:

             (1) The size of the distributed generation system;

             (2) The estimated amount of production for the distributed generation system in the first year of operation;

             (3) The estimated annual degradation to the distributed generation system; and

             (4) As specified by the agreement at the time of installation, whether or not an electric utility must credit a customer of the electric utility for any excess energy that is generated by the distributed generation system;

      (i) A disclosure notifying the purchaser of the intent of the owner of the distributed generation system to file a fixture filing, as defined in NRS 104A.2309, on the distributed generation system;

      (j) A disclosure notifying the purchaser if maintenance and repairs of the distributed generation system are included in the agreement;

      (k) A disclosure describing any warranty for the repair of any damage to the roof of the property owned by the purchaser in connection with the installation or removal of the distributed generation system;

      (l) A disclosure describing the transferability of the distributed generation system in connection with the purchaser selling his or her property;

      (m) A description of any guarantees of the performance of the distributed generation system;

      (n) A description of the basis for any estimates of savings that were provided to the purchaser, if applicable; and

      (o) A disclosure concerning the retention of any portfolio energy credits, if applicable.

      Sec. 18. If an agreement for the lease or purchase of a distributed generation system or if a power purchase agreement makes a written reference to the price of electricity that is provided by an electric utility, the agreement or power purchase agreement, as applicable, must also provide, in 12-point font, a disclosure in substantially the following form:

 


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reference to the price of electricity that is provided by an electric utility, the agreement or power purchase agreement, as applicable, must also provide, in 12-point font, a disclosure in substantially the following form:

 

       Actual utility rates may go up or down and actual savings may vary. For further information regarding rates, you may contact your local utility or the Public Utilities Commission of Nevada.

      Sec. 19. 1.  An agreement for the lease or purchase of a distributed generation system and a power purchase agreement must include an express warranty for the installation of the distributed generation system and the penetration into the roof by the distributed generation system. Such warranties must:

      (a) Be express and in writing; and

      (b) Expire not earlier than 10 years after the installation of the distributed generation system.

      2.  An agreement for the lease of a distributed generation system and a power purchase agreement must include an express warranty that:

      (a) Is in writing; and

      (b) Does not expire earlier than 10 years after the installation of the distributed generation system.

      3.  An agreement for the purchase of a distributed generation system must include the following express warranties in writing for the component parts, including parts and labor, of the distributed generation system, either directly from the solar installation company or passed through from the manufacturer of the component parts:

      (a) For collectors and storage units, not less than a 10-year warranty; and

      (b) For inverters, not less than a 7-year warranty.

      4.  The provisions of this section that relate to a person who installs a distributed generation system do not apply to a person who installs a system on his or her own property.

      Sec. 20. 1.  A host customer may file a complaint concerning a solar installation company with the Public Utilities Commission of Nevada. Upon receipt of a complaint, the Commission may direct the host customer to the appropriate agency or person to resolve the complaint.

      2.  The failure of a person to comply with sections 2 to 20, inclusive, of this act constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      3.  A violation of any provision of sections 2 to 20, inclusive, of this act constitutes consumer fraud for the purposes of NRS 41.600.

      4.  Any document described in sections 9 to 19, inclusive, of this act must be provided in:

      (a) English; or

      (b) Spanish, if any person so requests.

      Sec. 21. Chapter 701 of NRS is hereby amended by adding thereto the provisions set forth as sections 22 to 25, inclusive, of this act.

      Sec. 22.  (Deleted by amendment.)

      Sec. 23. Sections 22 to 25, inclusive, of this act may be cited as the Renewable Energy Bill of Rights.

      Sec. 24. The Legislature hereby declares that each natural person who is a resident of this State has the right to:

 


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      1.  Generate, consume and export renewable energy and reduce his or her use of electricity that is obtained from the grid.

      2.  Use technology to store energy at his or her residence.

      3.  If the person generates renewable energy pursuant to subsection 1, or stores energy pursuant to subsection 2, or any combination thereof, be allowed to connect his or her system that generates renewable energy or stores energy, or any combination thereof, with the electricity meter on the customer’s side that is provided by an electric utility or any other person named and defined in chapters 704, 704A and 704B of NRS:

      (a) In a timely manner;

      (b) In accordance with requirements established by the electric utility to ensure the safety of utility workers; and

      (c) After providing written notice to the electric utility providing service in the service territory and installing a nomenclature plate on the electrical meter panel indicating that a system that generates renewable energy or stores energy, or any combination thereof, is present if the system:

             (1) Is not used for exporting renewable energy past the electric utility meter on the customer’s side; and

             (2) Meets all applicable state and local safety and electrical code requirements.

      4.  Fair credit for any energy exported to the grid.

      5.  Consumer protections in contracts for renewable energy pursuant to sections 2 to 20, inclusive, of this act.

      6.  Have his or her generation of renewable energy given priority in planning and acquisition of energy resources by an electric utility.

      7.  Except as otherwise provided in section 27 or 28.3 of this act, remain within the existing broad rate class to which the resident would belong in the absence of a net metering system or a system that generates renewable energy or stores energy, or any combination thereof, without any fees or charges that are different than the fees and charges assessed to customers of the same rate class, regardless of the technologies on the customer’s side of the electricity meter, including, without limitation, energy production, energy savings, energy consumption, energy storage or energy shifting technologies, provided that such technologies do not compromise the safety and reliability of the utility grid.

      Sec. 25.  (Deleted by amendment.)

      Sec. 26. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 27 to 29, inclusive, of this act.

      Sec. 27. 1.  An electric utility that primarily serves densely populated counties shall, on or before August 1, 2017, file with the Commission in a manner authorized by NRS 704.110 a request that the Commission establish an optional time-variant rate schedule for customers, including, without limitation, customer-generators who acquire an energy storage system.

      2.  An electric utility that primarily serves less densely populated counties shall, on or before January 16, 2018, file with the Commission in a manner authorized by NRS 704.100 a request that the Commission establish an optional time-variant rate schedule for customers, including, without limitation, customer-generators who acquire an energy storage system.

 


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      3.  A request filed pursuant to subsection 1 or 2 must be designed to expand and accelerate the development and use of energy storage systems in this State.

      4.  The Commission:

      (a) Shall review each request filed pursuant to subsection 1 or 2;

      (b) May approve each request that the Commission finds to be in the public interest; and

      (c) Not later than March 15, 2018, shall issue a written order approving or denying each request filed pursuant to subsection 1 or 2.

      5.  As used in this section:

      (a) “Electric utility that primarily serves densely populated counties” has the meaning ascribed to it in NRS 704.110.

      (b) “Electric utility that primarily serves less densely populated counties” has the meaning ascribed to it in NRS 704.110.

      (c) “Energy storage system” means any commercially available technology that is capable of retaining energy, storing the energy for a period of time and delivering the energy after storage, including, without limitation, by chemical, thermal or mechanical means.

      (d) “Time-variant rate schedule” means a rate schedule that incorporates different rates for different times of day during which electricity may be used by a customer or fed back to the utility by the customer.

      Sec. 28.  (Deleted by amendment.)

      Sec. 28.3. 1.  If a customer-generator accepts the offer of a utility for net metering on or after the effective date of this act and the net metering system of the customer-generator has a capacity of not more than 25 kilowatts, the utility must, in accordance with this section, provide to the customer-generator a credit for each kilowatt-hour of excess electricity governed by paragraph (c) of subsection 2 of NRS 704.775 that is generated by the customer-generator.

      2.  The credit for each kilowatt-hour of excess electricity described in subsection 1 must equal a percentage, as set forth in subsection 3, of the rate the customer-generator would have paid for a kilowatt-hour of electricity supplied by the utility at the time the customer-generator fed the kilowatt-hour of excess electricity back to the utility.

      3.  The percentage to be used to determine the credit pursuant to subsection 2 for each kilowatt-hour of excess electricity must equal:

      (a) Ninety-five percent, if the customer-generator accepts the offer of the utility for net metering:

             (1) On or after the effective date of this section; and

             (2) Before the date on which the Commission determines and posts on its Internet website its determination that the cumulative installed capacity of all net metering systems in this State with a capacity of not more than 25 kilowatts for customer-generators who accepted the offer of the utility for net metering on or after the effective date of this section is equal to 80 megawatts;

      (b) Eighty-eight percent, if the customer-generator accepts the offer of the utility for net metering:

             (1) On or after the date that the Commission determines that the condition set forth in subparagraph (2) of paragraph (a) has been met; and

 


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             (2) Before the date on which the Commission determines and posts on its Internet website its determination that the cumulative installed capacity of all net metering systems in this State with a generating capacity of not more than 25 kilowatts for customer generators who accepted the offer of the utility for net metering on or after the date described in subparagraph (1) is equal to 80 megawatts;

      (c) Eighty-one percent, if the customer-generator accepts the offer of the utility for net metering:

             (1) On or after the date that the Commission determines that the condition set forth in subparagraph (2) of paragraph (b) has been met; and

             (2) Before the date on which the Commission determines and posts on its Internet website its determination that the cumulative installed capacity of all net metering systems in this State with a generating capacity of not more than 25 kilowatts for customer generators who accepted the offer of the utility for net metering on or after the date described in subparagraph (1) is equal to 80 megawatts;

      (d) Seventy-five percent, if the customer-generator accepts the offer of the utility for net metering on or after the date that the Commission determines that the condition set forth in subparagraph (2) of paragraph (c) has been met.

      4.  On or before the 15th day of each calendar month, a utility shall post on its Internet website and report to the Commission the cumulative installed capacity of the net metering systems with a capacity of not more than 25 kilowatts for which a customer-generator has accepted the offer of that utility as of the close of business of the utility on the last business day of the immediately preceding calendar month.

      5.  Except as otherwise provided in this subsection, for the purposes of this section, a customer-generator shall be deemed to accept the offer of the utility for net metering on the date the customer-generator submits to the utility a complete application to install a net metering system within the service area of the utility. A customer-generator who accepted the offer of the utility for net metering before the effective date of this section and whose net metering system has a capacity of not more than 25 kilowatts may, but is not required to, submit a request to be treated for all purposes, including, without limitation, for the purposes of subsection 3, as a customer-generator who accepted the offer of the utility for net metering on the date of submitting the request.

      Sec. 28.5. 1.  The Commission shall open an investigatory docket to establish a methodology to determine the impact, if any, of net metering pursuant to NRS 704.766 to 704.775, inclusive, and sections 27 to 29, inclusive, of this act on rates charged by a utility to its customers in this State.

      2.  On or before June 30, 2020, and biennially thereafter, the Commission shall submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a report concerning the impact of net metering pursuant to NRS 704.766 to 704.775, inclusive, and sections 27 to 29, inclusive, on rates charged by a utility to its customers in this State. The report must contain:

      (a) Based on the methodology established pursuant to subsection 1, calculations of:

 


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             (1) Whether net metering pursuant to NRS 704.766 to 704.775, inclusive, and sections 27 to 29, inclusive, of this act has an impact on rates charged by a utility to its customers in this State; and

             (2) The amount of any increase or decrease in such rates as a result of net metering pursuant to NRS 704.766 to 704.775, inclusive, and sections 27 to 29, inclusive, of this act;

      (b) An explanation of the methodology used to make the calculations required by paragraph (a);

      (c) The data used to make the calculations required by paragraph (a), including, without limitation, avoided generation capacity, avoided transmission and generation capacity and avoided system upgrades;

      (d) A comparison of the impact on rates of net metering pursuant to NRS 704.766 to 704.775, inclusive, and sections 27 to 29, inclusive, of this act and the impact on rates of capital expenditures by the utility;

      (e) A description of the process for obtaining input from stakeholders in developing the methodology required by subsection 1; and

      (f) A summary of comments on the written report from interested persons.

      Sec. 28.7. If the Legislature provides by law for an open, competitive retail electric energy market for all electricity customers within a service territory:

      1.  Each person providing electric service in that service territory shall be deemed to be a utility for the purposes of NRS 704.766 to 704.775, inclusive, and sections 27 to 29, inclusive, of this act;

      2.  The Commission or any other agency designated by law to regulate electric service in this State shall prohibit any person providing electric service in the service territory from impeding or interrupting the operation or performance or otherwise restrict the output of an existing net metering system; and

      3.  A customer-generator must be required to pay any costs charged to other customers of the person providing electric service to the customer-generator in the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system.

      Sec. 29.  (Deleted by amendment.)

      Sec. 30. NRS 704.767 is hereby amended to read as follows:

      704.767  As used in NRS 704.766 to 704.775, inclusive, and sections 27 to 29, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 704.7675 to 704.772, inclusive, have the meanings ascribed to them in those sections.

      Sec. 31. NRS 704.773 is hereby amended to read as follows:

      704.773  1.  A utility shall offer net metering [:

      (a) In] in accordance with the provisions of [this section, NRS 704.774 and 704.775,] NRS 704.766 to 704.775, inclusive, and sections 27 to 29, inclusive, of this act to the customer-generators operating within its service area . [until the date on which the cumulative capacity of all net metering systems for which all utilities in this State have accepted or approved completed applications for net metering is equal to 235 megawatts.

      (b) After the date on which the cumulative capacity requirement described in paragraph (a) is met, in accordance with a tariff filed by the utility and approved by the Commission pursuant to NRS 704.7735.]

 


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      2.  If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of not more than 25 kilowatts, the utility:

      (a) Shall offer to make available to the customer-generator an energy meter that is capable of registering the flow of electricity in two directions.

      (b) May, at its own expense and with the written consent of the customer-generator, install one or more additional meters to monitor the flow of electricity in each direction.

      (c) Except as otherwise provided in subsection [5,] 7, shall not charge [a] the customer-generator any fee or charge that [would increase the customer-generator’s minimum monthly charge to an amount greater] is different than that [of] charged to other customers of the utility in the [same] rate class [as] to which the customer-generator [.] would belong if the customer-generator did not have a net metering system.

      (d) Shall not reduce the minimum monthly charge of the customer-generator based on the electricity generated by the customer-generator and fed back to the utility.

      3.  If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of more than 25 kilowatts, the utility:

      (a) May require the customer-generator to install at its own cost:

             (1) An energy meter that is capable of measuring generation output and customer load; and

             (2) Any upgrades to the system of the utility that are required to make the net metering system compatible with the system of the utility.

      (b) Except as otherwise provided in paragraph [(c) and] (d) and subsection [5, may] 7, shall not charge the customer-generator any [applicable] fee or charge that is different than that charged to other customers of the utility in the [same] rate class [as] to which the customer-generator [,] would belong if the customer-generator did not have a net metering system, including, without limitation, customer, demand and facility charges.

      (c) Shall not reduce the minimum monthly charge of the customer-generator based on the electricity generated by the customer-generator and fed back to the utility.

      (d) Shall not charge the customer-generator any standby charge.

[Ê]

      4.  At the time of installation or upgrade of any portion of a net metering system, the utility must allow a customer-generator governed by [this] subsection 3 to pay the entire cost of the installation or upgrade of the portion of the net metering system.

      [4.]5.  Except as otherwise provided in subsections 2, 3 and 6 and section 28.3 of this act, the utility shall not for any purpose assign a customer-generator to a rate class other than the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system, including, without limitation, for the purpose of any fee or charge.

      6.  If the net metering system of a customer-generator is a net metering system described in paragraph (b) or (c) of subsection 1 of NRS 704.771 and:

 


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      (a) The system is intended primarily to offset part or all of the customer-generator’s requirements for electricity on property contiguous to the property on which the net metering system is located; and

      (b) The customer-generator sells or transfers his or her interest in the contiguous property,

Ê the net metering system ceases to be eligible to participate in net metering.

      [5.]7.  A utility shall assess against a customer-generator:

      (a) If applicable, the universal energy charge imposed pursuant to NRS 702.160; and

      (b) Any charges imposed pursuant to chapter 701B of NRS or NRS 704.7827 or 704.785 which are assessed against other customers in the same rate class as the customer-generator . [; and

      (c) The charges or rates, if any, which the Commission determines must be assessed against the customer-generator pursuant to any tariff submitted to and approved by the Commission pursuant to NRS 704.7735.]

Ê For any such charges calculated on the basis of a kilowatt-hour rate, the customer-generator must only be charged with respect to kilowatt-hours of energy delivered by the utility to the customer-generator.

      [6.]8.  The Commission and the utility must allow a customer-generator who accepts the offer of the utility for net metering to continue net metering pursuant to NRS 704.766 to 704.775, inclusive, and sections 27 to 29, inclusive, of this act at the location at which the net metering system is originally installed for 20 years. For the purposes of this subsection, “to continue net metering” includes, without limitation:

      (a) Retaining the percentage set forth in subsection 3 of section 28.3 of this act to be used to determine the credit for electricity governed by paragraph (c) of subsection 2 of NRS 704.775, which is applicable to the customer-generator; and

      (b) Replacing the originally installed net metering system, as needed, at any time before 20 years after the date of the installation of the originally installed net metering system.

      9.  The Commission shall adopt regulations prescribing the form and substance for a net metering tariff and a standard net metering contract. The regulations must include, without limitation:

      (a) The particular provisions, limitations and responsibilities of a customer-generator which must be included in a net metering tariff with regard to:

             (1) Metering equipment;

             (2) Net energy metering and billing; and

             (3) Interconnection,

Ê based on the allowable size of the net metering system.

      (b) The particular provisions, limitations and responsibilities of a customer-generator and the utility which must be included in a standard net metering contract.

      (c) A timeline for processing applications and contracts for net metering applicants.

      (d) Any other provisions the Commission finds necessary to carry out the provisions of NRS 704.766 to 704.775, inclusive [.] , and sections 27 to 29, inclusive, of this act.

 


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      Sec. 31.5. NRS 704.775 is hereby amended to read as follows:

      704.775  1.  The billing period for net metering must be a monthly period.

      2.  The net energy measurement must be calculated in the following manner:

      (a) The utility shall measure, in kilowatt-hours, the net electricity produced or consumed during the billing period, in accordance with normal metering practices.

      (b) If the electricity supplied by the utility exceeds the electricity generated by the customer-generator which is fed back to the utility during the billing period, the customer-generator must be billed for the net electricity supplied by the utility.

      (c) [If] Except as otherwise provided in section 28.3 of this act, if the electricity generated by the customer-generator which is fed back to the utility exceeds the electricity supplied by the utility during the billing period:

             (1) Neither the utility nor the customer-generator is entitled to compensation for the electricity provided to the other during the billing period.

             (2) The excess electricity which is fed back to the utility during the billing period is carried forward to the next billing period as an addition to the kilowatt-hours generated by the customer-generator in that billing period. If the customer-generator is billed for electricity pursuant to a time-of-use rate schedule, the excess electricity carried forward must be added to the same time-of-use period as the time-of-use period in which it was generated unless the subsequent billing period lacks a corresponding time-of-use period. In that case, the excess electricity carried forward must be apportioned evenly among the available time-of-use periods.

             (3) Excess electricity may be carried forward to subsequent billing periods indefinitely, but a customer-generator is not entitled to receive compensation for any excess electricity that remains if:

                   (I) The net metering system ceases to operate or is disconnected from the utility’s transmission and distribution facilities;

                   (II) The customer-generator ceases to be a customer of the utility at the premises served by the net metering system; or

                   (III) The customer-generator transfers the net metering system to another person.

             (4) The value of the excess electricity must not be used to reduce any other fee or charge imposed by the utility.

      3.  If the cost of purchasing and installing a net metering system was paid for:

      (a) In whole or in part by a utility, the electricity generated by the net metering system shall be deemed to be electricity that the utility generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard pursuant to NRS 704.7801 to 704.7828, inclusive.

      (b) Entirely by a customer-generator, the Commission shall issue to the customer-generator portfolio energy credits for use within the system of portfolio energy credits adopted by the Commission pursuant to NRS 704.7821 and 704.78213 equal to the electricity generated by the net metering system.

      4.  A bill for electrical service is due at the time established pursuant to the terms of the contract between the utility and the customer-generator.

      Sec. 32. (Deleted by amendment.)

 


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      Sec. 32.5.  1.  Not later than 45 days after the effective date of this act, a utility shall file with the Public Utilities Commission of Nevada any amendments to its tariff or tariffs that are necessary to comply with the provisions of section 28.3 of this act.

      2.  As used in this section, “utility” has the meaning ascribed to it in NRS 704.772.

      Sec. 32.7.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 33. NRS 704.7735 is hereby repealed.

      Sec. 34.  1.  This section and sections 25 to 28.5, inclusive, and 29 to 33, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1 to 24, inclusive, of this act become effective on September 1, 2017.

      3.  If the Legislature provides by law for an open, competitive retail electric energy market for all electricity customers within a service territory, including, without limitation, if the Legislature does so as a result of the proposed state constitutional amendment known as the Energy Choice Initiative, section 28.7 of this act becomes effective with regard to the customers within that service territory on the date on which such customers have the right to choose the provider of their electric utility service pursuant to that law. As used in this section, “electricity customer” means every person, business, association of persons or businesses, state agency, political subdivision of this State or any other entity in this State that is a customer of a provider of electric service.

________

CHAPTER 590, SB 146

Senate Bill No. 146–Senator Spearman

 

CHAPTER 590

 

[Approved: June 15, 2017]

 

AN ACT relating to energy; requiring certain electric utilities in this State to file with the Public Utilities Commission of Nevada a distributed resources plan; prescribing the minimum requirements of such a plan; revising provisions governing the filing of a plan by one electric utility to increase the supply of electricity or reduce demand; increasing the period by which the Commission must issue an order accepting or modifying certain portions of such a plan or amendments to such a plan; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires an electric utility with an annual operating revenue of $2,500,000 or more in this State to submit to the Public Utilities Commission of Nevada, on or before July 1 of every third year, a plan to increase its supply of electricity or decrease the demands made on its system by its customers. (NRS 704.741) Section 1 of this bill requires certain affiliated utilities to file a joint plan. Under sections 1 and 3 of this bill, each utility is required to file a plan on or before June 1, 2018, and on or before June 1 of every third year thereafter.

 


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      Section 1 of this bill also requires an electric utility to submit to the Commission, on or before July 1, 2018, a distributed resources plan as part of the plan to increase its supply or decrease the demands on its system. A distributed resources plan must: (1) evaluate locational benefits and costs of distributed resources; (2) propose or identify standard tariffs, contracts or other mechanisms for the deployment of cost-effective distributed resources; (3) propose cost-effective methods of effectively coordinating existing programs approved by the Commission; (4) identify additional spending necessary to integrate cost-effective distributed resources into distribution planning; and (5) identify barriers to the deployment of distributed resources. Under section 3, each utility must submit its first distributed resources plan on or before April 1, 2019.

      Existing law requires the Commission to convene a public hearing on the adequacy of a plan to increase supply or reduce demand and to issue an order accepting the plan or specifying any portions of the plan it deems to be inadequate. (NRS 704.746, 704.751) Section 2 of this bill authorizes the Commission to accept a distributed resources plan that complies with the provisions of section 1 after such a hearing. Section 2 also increases from 180 days to 210 days the period by which the Commission must issue an order approving or modifying any portion of a plan to increase supply or reduce demand that does not relate to the energy supply plan of the utility and increases from 135 to 165 days the period by which the Commission must issue an order accepting or modifying an amendment to such a plan.

 

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 704.741 is hereby amended to read as follows:

      704.741  1.  A utility which supplies electricity in this State shall, on or before [July] June 1 of every third year, in the manner specified by the Commission, submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the Commission. Two or more utilities that are affiliated through common ownership and that have an interconnected system for the transmission of electricity shall submit a joint plan.

      2.  The Commission shall, by regulation:

      (a) Prescribe the contents of such a plan, including, but not limited to, the methods or formulas which are used by the utility or utilities to:

             (1) Forecast the future demands; and

             (2) Determine the best combination of sources of supply to meet the demands or the best method to reduce them; and

      (b) Designate renewable energy zones and revise the designated renewable energy zones as the Commission deems necessary.

      3.  The Commission shall require the utility or utilities to include in [its] the plan:

      (a) An energy efficiency program for residential customers which reduces the consumption of electricity or any fossil fuel and which includes, without limitation, the use of new solar thermal energy sources.

      (b) A comparison of a diverse set of scenarios of the best combination of sources of supply to meet the demands or the best methods to reduce the demands, which must include at least one scenario of low carbon intensity that includes the deployment of distributed generation.

 


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      (c) An analysis of the effects of the requirements of NRS 704.766 to 704.775, inclusive, on the reliability of the distribution system of the utility or utilities and the costs to the utility or utilities to provide electric service to all customers. The analysis must include an evaluation of the costs and benefits of addressing issues of reliability through investment in the distribution system.

      (d) A list of the utility’s or utilities’ assets described in NRS 704.7338.

      (e) A surplus asset retirement plan as required by NRS 704.734.

      4.  The Commission shall require the utility or utilities to include in [its] the plan a plan for construction or expansion of transmission facilities to serve renewable energy zones and to facilitate the utility or utilities in meeting the portfolio standard established by NRS 704.7821.

      5.  The Commission shall require the utility or utilities to include in the plan a distributed resources plan. The distributed resources plan must:

      (a) Evaluate the locational benefits and costs of distributed resources. This evaluation must be based on reductions or increases in local generation capacity needs, avoided or increased investments in distribution infrastructure, safety benefits, reliability benefits and any other savings the distributed resources provide to the electricity grid for this State or costs to customers of the electric utility or utilities.

      (b) Propose or identify standard tariffs, contracts or other mechanisms for the deployment of cost-effective distributed resources that satisfy the objectives for distribution planning.

      (c) Propose cost-effective methods of effectively coordinating existing programs approved by the Commission, incentives and tariffs to maximize the locational benefits and minimize the incremental costs of distributed resources.

      (d) Identify any additional spending necessary to integrate cost-effective distributed resources into distribution planning consistent with the goal of yielding a net benefit to the customers of the electric utility or utilities.

      (e) Identify barriers to the deployment of distributed resources, including, without limitation, safety standards related to technology or operation of the distribution system in a manner that ensures reliable service.

      6.  As used in this section:

      (a) “Carbon intensity” means the amount of carbon by weight emitted per unit of energy consumed.

      (b) “Distributed generation system” has the meaning ascribed to it in NRS 701.380.

      (c) “Distributed resources” means distributed generation systems, energy efficiency, energy storage, electric vehicles and demand-response technologies.

      (d) “Renewable energy zones” means specific geographic zones where renewable energy resources are sufficient to develop generation capacity and where transmission constrains the delivery of electricity from those resources to customers.

      Sec. 1.5. NRS 704.746 is hereby amended to read as follows:

      704.746  1.  After a utility has filed its plan pursuant to NRS 704.741, the Commission shall convene a public hearing on the adequacy of the plan.

 


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      2.  The Commission shall determine the parties to the public hearing on the adequacy of the plan. A person or governmental entity may petition the Commission for leave to intervene as a party. The Commission must grant a petition to intervene as a party in the hearing if the person or entity has relevant material evidence to provide concerning the adequacy of the plan. The Commission may limit participation of an intervener in the hearing to avoid duplication and may prohibit continued participation in the hearing by an intervener if the Commission determines that continued participation will unduly broaden the issues, will not provide additional relevant material evidence or is not necessary to further the public interest.

      3.  In addition to any party to the hearing, any interested person may make comments to the Commission regarding the contents and adequacy of the plan.

      4.  After the hearing, the Commission shall determine whether:

      (a) The forecast requirements of the utility or utilities are based on substantially accurate data and an adequate method of forecasting.

      (b) The plan identifies and takes into account any present and projected reductions in the demand for energy that may result from measures to improve energy efficiency in the industrial, commercial, residential and energy producing sectors of the area being served.

      (c) The plan adequately demonstrates the economic, environmental and other benefits to this State and to the customers of the utility [,] or utilities associated with the following possible measures and sources of supply:

             (1) Improvements in energy efficiency;

             (2) Pooling of power;

             (3) Purchases of power from neighboring states or countries;

             (4) Facilities that operate on solar or geothermal energy or wind;

             (5) Facilities that operate on the principle of cogeneration or hydrogeneration;

             (6) Other generation facilities; and

             (7) Other transmission facilities.

      5.  The Commission may give preference to the measures and sources of supply set forth in paragraph (c) of subsection 4 that:

      (a) Provide the greatest economic and environmental benefits to the State;

      (b) Are consistent with the provisions of this section;

      (c) Provide levels of service that are adequate and reliable; and

      (d) Provide the greatest opportunity for the creation of new jobs in this State.

      6.  The Commission shall:

      (a) Adopt regulations which determine the level of preference to be given to those measures and sources of supply; and

      (b) Consider the value to the public of using water efficiently when it is determining those preferences.

      7.  The Commission shall:

      (a) Consider the level of financial commitment from developers of renewable energy projects in each renewable energy zone, as designated pursuant to subsection 2 of NRS 704.741; and

 

 


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      (b) Adopt regulations establishing a process for considering such commitments including, without limitation, contracts for the sale of energy, leases of land and mineral rights, cash deposits and letters of credit.

      8.  The Commission shall, after a hearing, review and accept or modify an emissions reduction and capacity replacement plan which includes each element required by NRS 704.7316. In considering whether to accept or modify an emissions reduction and capacity replacement plan, the Commission shall consider:

      (a) The cost to the customers of the electric utility or utilities to implement the plan;

      (b) Whether the plan provides the greatest economic benefit to this State;

      (c) Whether the plan provides the greatest opportunities for the creation of new jobs in this State; and

      (d) Whether the plan represents the best value to the customers of the electric utility [.] or utilities.

      Sec. 2. NRS 704.751 is hereby amended to read as follows:

      704.751  1.  After a utility has filed the plan required pursuant to NRS 704.741, the Commission shall issue an order accepting or modifying the plan or specifying any portions of the plan it deems to be inadequate:

      (a) Within 135 days for any portion of the plan relating to the energy supply plan for the utility for the 3 years covered by the plan; and

      (b) Within [180] 210 days for all portions of the plan not described in paragraph (a).

Ê If the Commission issues an order modifying the plan, the utility or utilities may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order. If such a notice is filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.

      2.  If a utility files an amendment to a plan, the Commission shall issue an order accepting or modifying the amendment or specifying any portions of the amendment it deems to be inadequate:

      (a) Within [135] 165 days after the filing of the amendment; or

      (b) Within 180 days after the filing of the amendment for all portions of the amendment which contain an element of the emissions reduction and capacity replacement plan.

Ê If the Commission issues an order modifying the amendment, the utility or utilities may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order. If such a notice is filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.

      3.  All prudent and reasonable expenditures made to develop the utility’s or utilities’ plan, including environmental, engineering and other studies, must be recovered from the rates charged to the utility’s or utilities’ customers.

      4.  The Commission may accept [a] :

 

 


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      (a) A transmission plan submitted pursuant to subsection 4 of NRS 704.741 for a renewable energy zone if the Commission determines that the construction or expansion of transmission facilities would facilitate the utility or utilities meeting the portfolio standard, as defined in NRS 704.7805.

      (b) A distributed resources plan submitted pursuant to subsection 5 of NRS 704.741 if the Commission determines that the plan includes each element required by that subsection.

      5.  The Commission shall adopt regulations establishing the criteria for determining the adequacy of a transmission plan submitted pursuant to subsection 4 of NRS 704.741.

      6.  Any order issued by the Commission accepting or modifying an element of an emissions reduction and capacity replacement plan must include provisions authorizing the electric utility or utilities to construct or acquire and own electric generating plants necessary to meet the capacity amounts approved in, and carry out the provisions of, the plan. As used in this subsection, “capacity” means an amount of firm electric generating capacity used by the electric utility or utilities for the purpose of preparing a plan filed with the Commission pursuant to NRS 704.736 to 704.754, inclusive.

      Sec. 3.  1.  Notwithstanding any other provision of law and except as otherwise provided in this subsection, any public utility required to file a plan pursuant to NRS 704.741, as amended by section 1 of this act, shall file a plan pursuant to that section, as amended by section 1 of this act, on or before June 1, 2018. The plan filed by a public utility pursuant to NRS 704.741, as amended by section 1 of this act, on or before June 1, 2018, is not required to include the distributed resources plan required by subsection 5 of NRS 704.741, as amended by section 1 of this act.

      2.  Any public utility required to file a plan pursuant to NRS 704.741 that would not otherwise be required to file a new plan before July 1, 2018, shall, on or before April 1, 2019, submit an amendment to its existing plan that complies with the provisions relating to a distributed resources plan in subsection 5 of NRS 704.741, as amended by section 1 of this act.

      Sec. 4.  This act becomes effective on July 1, 2017.

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ê2017 Statutes of Nevada, Page 4291ê

 

CHAPTER 591, SB 150

Senate Bill No. 150–Senator Spearman

 

CHAPTER 591

 

[Approved: June 15, 2017]

 

AN ACT relating to energy efficiency programs; requiring the Public Utilities Commission of Nevada to establish for each electric utility in this State annual goals for energy savings resulting from the implementation of energy efficiency programs; requiring each electric utility to implement an energy efficiency plan designed to be cost effective and to meet the annual goals for energy savings established by the Commission; revising certain provisions relating to the recovery of costs based on the implementation by an electric utility of energy efficiency and conservation programs; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Sections 2-11 of this bill require the Public Utilities Commission of Nevada to establish annual goals for energy savings applicable to electric utilities in this State.

      Section 9 sets forth certain Legislative findings of the necessity for and the benefits relative to the conservation of energy and the reduction of the consumption of energy by consumers in this State.

      Section 10 requires the Commission to establish goals for energy savings for each electric utility for each calendar year. Section 10 also requires each electric utility to implement an energy efficiency plan which is cost effective and designed to meet the goals for energy savings established by the Commission. Section 10 further requires that at least 5 percent of the expenditures related to energy efficiency programs must be directed toward low-income customers of the electric utility.

      Section 12 of this bill revises existing law relating to the recovery of costs based on the implementation by an electric utility of energy efficiency and conservation programs to authorize the Commission to remove financial disincentives which discourage an electric utility from implementing or promoting participation in such programs by including a rate adjustment mechanism to ensure that the revenue per customer authorized in a general rate application is recovered without regard to the difference in the quantity of electricity actually sold by the electric utility.

 

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 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2. As used in sections 2 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Cost effective” means that an energy efficiency plan has a benefit-cost ratio of 1.0 or greater as measured by the cost-effectiveness test selected by the Commission, which test must account for the nonenergy benefits of the energy efficiency plan.

 

 


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      Sec. 4. “Electric utility” has the meaning ascribed to it in NRS 704.187.

      Sec. 5.  1.  “Energy efficiency program” means a program designed, intended or used to improve energy efficiency by reducing the energy consumption by a retail customer of an electric utility.

      2.  The term includes, without limitation, a demand-side response program or load-limiting program that shifts the consumption of energy by a retail customer from one period to another period.

      3.  The term does not include the implementation or assessment of any rate which is based on the time of day, day of the week or time of year during which electricity is used or which otherwise varies based upon the time during which the electricity is used.

      Sec. 6. “Energy savings” means the gross energy savings resulting from energy efficiency measures adopted through the implementation of an energy efficiency program, but does not include net energy savings resulting from energy efficiency measures adopted by retail customers of the electric utility which are not attributable to participation in an energy efficiency program.

      Secs. 7 and 8.  (Deleted by amendment.)

      Sec. 9. The Legislature hereby finds and declares that:

      1.  Energy is essential to the economy of this State and to the health, safety and welfare of the residents of this State.

      2.  The State has a responsibility to encourage the maintenance of a reliable and economical supply of energy at a level which is consistent with the protection of the quality of the environment of this State.

      3.  The State and the public have an interest in encouraging electric utilities to promote and take actions toward the conservation of energy and the reduction of the consumption of energy by consumers in this State.

      4.  The State has a responsibility to encourage the development of a wide range of standards, goals and programs to reduce energy waste by consumers in this State.

      5.  Planning for energy conservation and the future energy needs of this State should include consideration of state, regional and local plans for land use, urban expansion, transportation systems, environmental protection and economic development.

      6.  It is in the interest of this State and the residents of this State that the energy efficiency plans and programs of electric utilities should maximize the implementation of cost-effective, achievable energy efficiency opportunities.

      7.  The reduction of the consumption of energy by consumers in this State conserves water, reduces carbon dioxide and other emissions and is essential to the economy of this State and to the health, safety and welfare of the residents of this State.

      Sec. 10. 1.  The Commission shall establish by regulation for each electric utility goals for energy savings resulting from energy efficiency programs implemented by the electric utility each year, which must be included in the resource plan filed by the electric utility pursuant to NRS 704.741.

 

 

 

 


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      2.  The Commission may:

      (a) Modify a goal for energy savings it has previously established for an electric utility.

      (b) Upon receipt of a petition submitted by an electric utility, temporarily lower a goal for energy savings it has previously established for the electric utility if the electric utility demonstrates that economic reasons which are not reasonably within the control of the electric utility will prevent the electric utility from meeting the goal for energy savings established pursuant to subsection 1.

      3.  Upon establishment or modification by the Commission of a goal for energy savings for an electric utility pursuant to this section, the affected electric utility may file an amendment to its most recent resource plan filed pursuant to NRS 704.741 to incorporate the goal for energy savings into the resource plan.

      4.  Each electric utility shall develop and include in its most recent resource plan filed pursuant to NRS 704.741 an energy efficiency plan that:

      (a) Is designed to meet or exceed the goals for energy savings established by the Commission pursuant to this section;

      (b) Includes one or more energy efficiency programs; and

      (c) Is cost effective.

      5.  In approving an energy efficiency plan developed by an electric utility to meet the goals for energy savings established by the Commission pursuant to this section, the Commission shall approve an energy efficiency plan that is:

      (a) Designed to meet or exceed the goals for energy savings established by the Commission pursuant to this section; and

      (b) Cost effective.

      6. The Commission may approve an energy efficiency plan submitted pursuant to NRS 704.741 that consists of energy efficiency and conservation programs that are not cost effective if the Commission determines that the energy efficiency plan as a whole is cost effective.

      7.  Unless the Commission determines that it is not cost effective, any energy efficiency plan approved by the Commission must provide that not less than 5 percent of the total expenditures related to energy efficiency programs must be directed to energy efficiency programs for low-income customers of the electric utility.

      Sec. 11.  (Deleted by amendment.)

      Sec. 12. NRS 704.785 is hereby amended to read as follows:

      704.785  1.  The Commission shall adopt regulations authorizing an electric utility to recover an amount based on the measurable and verifiable effects of the implementation by the electric utility of energy efficiency and conservation programs approved by the Commission, which:

      (a) Must include:

             (1) The costs reasonably incurred by the electric utility in implementing and administering the energy efficiency and conservation programs; and

             (2) Any financial disincentives relating to other supply alternatives caused or created by the reasonable implementation of the energy efficiency and conservation programs; and

 


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ê2017 Statutes of Nevada, Page 4294 (Chapter 591, SB 150)ê

 

      (b) May [include any financial incentives to support the promotion of] , if the Commission determines that it will serve the public interest by removing financial disincentives which discourage an electric utility from implementing or promoting the participation of the customers of the electric utility in [the] energy efficiency and conservation programs [.] , include a rate adjustment mechanism to ensure that the revenue per customer authorized in a general rate application is recovered without regard to the difference in the quantity of electricity actually sold by the electric utility subsequent to the date on which the rates take effect. A rate adjustment mechanism adopted pursuant to this paragraph may apply to one or more rate classes.

      2.  When considering whether to approve an energy efficiency or conservation program proposed by an electric utility as part of a plan filed pursuant to NRS 704.741, the Commission shall consider the effect of any recovery by the electric utility pursuant to this section on the rates of the customers of the electric utility.

      3.  [The regulations adopted pursuant to this section must not:

      (a)Affect the electric utility’s incentives and allowed returns in areas not affected by the implementation of energy efficiency and conservation programs; or

      (b) Authorize the electric utility to earn more than the rate of return authorized by the Commission in the most recently completed rate case of the electric utility.

      4.]  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

      Sec. 13.  This act becomes effective:

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

      2.  On July 1, 2017, for all other purposes.

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ê2017 Statutes of Nevada, Page 4295 (Chapter 591, SB 150)ê

 

EMERGENCY REQUEST of Senate Minority Leader

 

CHAPTER 592, SB 539

Senate Bill No. 539–Senators Roberson, Gansert; Atkinson, Cancela, Cannizzaro, Denis, Farley, Ford, Goicoechea, Harris, Manendo, Parks, Ratti, Segerblom, Settelmeyer, Spearman and Woodhouse

 

CHAPTER 592

 

[Approved: June 15, 2017]

 

AN ACT relating to prescription drugs; requiring the Department of Health and Human Services to compile certain lists of certain prescription drugs that are used to treat diabetes; requiring the manufacturer of a drug included on such lists and a pharmacy benefit manager to provide certain information to the Department; requiring the Department to compile a report based on such information; requiring a manufacturer of prescription drugs to submit a list of each pharmaceutical sales representative who markets prescription drugs to certain persons in this State; prohibiting a pharmaceutical sales representative who is not included on such a list from marketing prescription drugs on behalf of a manufacturer; requiring each pharmaceutical sales representative included on such a list to report certain information to the Department; requiring certain nonprofit organizations to report to the Department certain information concerning certain contributions and benefits received from drug manufacturers, insurers and pharmacy benefit managers or trade and advocacy groups for such entities; requiring the Department to place certain information on its Internet website; authorizing the Department to impose an administrative penalty in certain circumstances; providing that certain information does not constitute a trade secret; imposing certain requirements on a pharmacy benefit manager; requiring a private school to allow a pupil to keep and self-administer certain drugs; requiring certain insurers to provide certain notice to insureds; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the organization with the largest membership in this State which represents the interests of retail merchants to prepare a list of not less than 100 prescription drugs most commonly prescribed to residents of this State. (NRS 439.905) Existing law also requires the Department of Health and Human Services to place on the Internet website maintained by the Department certain information reported by pharmacies concerning the prices charged by the pharmacies for drugs that appear on that list. (NRS 439.915) Section 3.6 of this bill requires the Department to compile: (1) a list of prescription drugs that the Department determines to be essential for treating diabetes in this State; and (2) a list of such prescription drugs that have been subject to a significant price increase within the immediately preceding 2 calendar years. Section 3.8 of this bill requires the manufacturer of a prescription drug included on the list of essential diabetes drugs to submit to the Department an annual report that contains certain information concerning the cost of the drug. Section 4 of this bill requires the manufacturer of a drug included on the list of essential diabetes drugs that have undergone a substantial cost increase to submit to the Department a report concerning the reasons for the cost increase. Section 4.2 of this bill requires a pharmacy benefit manager to report certain information concerning essential diabetes drugs to the Department.

 


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information concerning essential diabetes drugs to the Department. Section 9 of this bill provides that any information that a manufacturer of an essential diabetes drug, a pharmacy benefit manager or a pharmaceutical sales representative is required to report is not a trade secret. Section 4.3 of this bill requires the Department to analyze the information submitted by such manufacturers and compile a report concerning the reasons for and effect of the pricing of essential diabetes drugs.

      Section 4.9 of this bill requires a nonprofit organization that advocates for patients or funds medical research in this State to post on its Internet website or, if the nonprofit organization does not maintain an Internet website, submit to the Department certain information concerning payments, donations and anything else of value that the organization receives from manufacturers of prescription drugs, certain third parties or pharmacy benefit managers or trade or advocacy groups for such entities. Section 6 of this bill requires the Department to place on the Internet website maintained by the Department: (1) the information and lists compiled by the Department pursuant to sections 3.6, 4.3 and 4.6; and (2) the information submitted to the Department pursuant to sections 3.8 and 4.9. Section 6.5 of this bill provides that the Department is not liable for any act, omission, error or technical problem that results in the failure to provide information or the provision of any incorrect information placed on the Internet website of the Department. Section 7 of this bill requires the Department to adopt any necessary regulations concerning the reporting of information by manufacturers and nonprofit organizations for inclusion on the Internet website of the Department. Section 26.3 of this bill requires an insurer that offers or issues a policy of individual health insurance and uses a formulary to provide, during each open enrollment period, a notice of any drugs on the list of essential diabetes drugs that have been removed from the formulary or will be removed from the formulary during the current plan year or the next plan year.

      Section 4.6 of this bill requires a manufacturer to provide to the Department a list of each pharmaceutical sales representative who markets prescription drugs to providers of health care, pharmacies, medical facilities and insurers in this State on behalf of the manufacturer. Section 4.6 also prohibits a person who is not included on such a list from marketing prescription drugs on behalf of a manufacturer to providers of health care, pharmacies, medical facilities and insurers. Additionally, section 4.6 requires each pharmaceutical sales representative who is included on such a list to submit an annual report to the Department. Finally, section 4.6 requires the Department to compile an annual report based on the information submitted by pharmaceutical sales representatives. Section 8 of this bill authorizes the Department to impose an administrative penalty against a manufacturer, pharmacy benefit manager, nonprofit organization or pharmaceutical sales representative who fails to provide the information required by sections 3.8, 4, 4.2, 4.6 and 4.9.

      Upon the submission of a written request, existing law requires a public school to allow a pupil who has asthma, anaphylaxis or diabetes to carry and self-administer medication to treat his or her disorder while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus. (NRS 392.425) Willful failure to carry out this requirement is grounds to suspend, demote, dismiss or refuse to reemploy a teacher or administrator. (NRS 391.750) Section 8.6 of this bill: (1) imposes similar requirements for private schools; and (2) makes a willful violation of those requirements a misdemeanor. Section 19 of this bill provides that a pharmacy benefit manager has a fiduciary duty to an insurer with which the pharmacy benefit manager has entered into a contract to manage prescription drug coverage.

      Section 20 of this bill prohibits a pharmacy benefit manager from engaging in certain trade practices.

      Federal law prohibits states from regulating an employee benefit plan established under the Employee Retirement Income Security Act of 1974. (29 U.S.C. § 1144) Section 17 of this bill provides that the requirements that this bill imposes upon pharmacy benefit managers and insurers do not apply to the management or provision of prescription drug benefits included in such a plan unless the plan requires compliance with those provisions.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4.9, inclusive, of this act.

      Sec. 2. “Manufacturer” has the meaning ascribed to it in NRS 639.009.

      Sec. 3. “Pharmacy” means every store or shop licensed by the State Board of Pharmacy where drugs, controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded or dispensed. The term does not include an institutional pharmacy as defined in NRS 639.0085.

      Sec. 3.2.“Pharmacy benefit manager” has the meaning ascribed to it in section 14.5 of this act.    

      Sec. 3.4.“Wholesale acquisition cost” means the manufacturer’s list price for a prescription drug to wholesalers or direct purchasers in the United States, not including any discounts, rebates or reductions in price, as reported in wholesale price guides or other publications of drug pricing data.

      Sec. 3.6.On or before February 1 of each year, the Department shall compile:

      1.  A list of prescription drugs that the Department determines to be essential for treating diabetes in this State and the wholesale acquisition cost of each such drug on the list. The list must include, without limitation, all forms of insulin and biguanides marketed for sale in this State.

      2.  A list of prescription drugs described in subsection 1 that have been subject to an increase in the wholesale acquisition cost of a percentage equal to or greater than:

      (a) The percentage increase in the Consumer Price Index, Medical Care Component during the immediately preceding calendar year; or

      (b) Twice the percentage increase in the Consumer Price Index, Medical Care Component during the immediately preceding 2 calendar years.

      Sec. 3.8. On or before April 1 of each year, the manufacturer of a prescription drug that appears on the most current list compiled by the Department pursuant to subsection 1 of section 3.6 of this act shall prepare and submit to the Department, in the form prescribed by the Department, a report which must include:

      1.  The costs of producing the drug;

      2.  The total administrative expenditures relating to the drug, including marketing and advertising costs;

      3.  The profit that the manufacturer has earned from the drug and the percentage of the manufacturer’s total profit for the period during which the manufacturer has marketed the drug for sale that is attributable to the drug;

      4.  The total amount of financial assistance that the manufacturer has provided through any patient prescription assistance program;

 


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      5.  The cost associated with coupons provided directly to consumers and for programs to assist consumers in paying copayments, and the cost to the manufacturer attributable to the redemption of those coupons and the use of those programs;

      6.  The wholesale acquisition cost of the drug;

      7.  A history of any increases in the wholesale acquisition cost of the drug over the 5 years immediately preceding the date on which the report is submitted, including the amount of each such increase expressed as a percentage of the total wholesale acquisition cost of the drug, the month and year in which each increase became effective and any explanation for the increase;

      8.  The aggregate amount of all rebates that the manufacturer has provided to pharmacy benefit managers for sales of the drug within this State; and

      9.  Any additional information prescribed by regulation of the Department for the purpose of analyzing the cost of prescription drugs that appear on the list compiled pursuant to subsection 1 of section 3.6 of this act, trends in those costs and rebates available for such drugs.

      Sec. 4.  On or before April 1 of a year in which a drug is included on the list compiled pursuant to subsection 2 of section 3.6 of this act, the manufacturer of the drug shall submit to the Department a report describing the reasons for the increase in the wholesale acquisition cost of the drug described in that subsection. The report must include, without limitation:

      1.  A list of each factor that has contributed to the increase;

      2.  The percentage of the total increase that is attributable to each factor;

      3.  An explanation of the role of each factor in the increase; and

      4.  Any other information prescribed by regulation by the Department.

      Sec. 4.2. 1.  Except as otherwise provided in subsection 2, on or before April 1 of each year, a pharmacy benefit manager shall submit to the Department a report which includes:

      (a) The total amount of all rebates that the pharmacy benefit manager negotiated with manufacturers during the immediately preceding calendar year for prescription drugs included on the list compiled by the Department pursuant to subsection 1 of section 3.6 of this act;

      (b) The total amount of all rebates described in paragraph (a) that were retained by the pharmacy benefit manager; and

      (c) The total amount of all rebates described in paragraph (a) that were negotiated for purchases of such drugs for use by:

             (1) Recipients of Medicare;

             (2) Recipients of Medicaid;

             (3) Persons covered by third parties that are governmental entities which are not described in subparagraph (1) or (2);

             (4) Persons covered by third parties that are not governmental entities; and

             (5) Persons covered by a plan described in subsection 2 to the extent required by a contract entered into pursuant to subsection 3.

      2.  Except as otherwise provided in subsection 3, the requirements of this section do not apply to the coverage of prescription drugs under a plan that is subject to the Employee Retirement Income Security Act of 1974 or any information relating to such coverage.

 


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      3.  A plan described in subsection 2 may, by contract, require a pharmacy benefit manager that manages the coverage of prescription drugs under the plan to comply with the requirements of this section.

      Sec. 4.3. On or before June 1 of each year, the Department shall analyze the information submitted pursuant to sections 3.8, 4 and 4.2 of this act and compile a report on the price of the prescription drugs that appear on the most current lists compiled by the Department pursuant to section 3.6 of this act, the reasons for any increases in those prices and the effect of those prices on overall spending on prescription drugs in this State. The report may include, without limitation, opportunities for persons and entities in this State to lower the cost of drugs for the treatment of diabetes while maintaining access to such drugs.

      Sec. 4.6.1.  A manufacturer of a prescription drug shall provide to the Department a list of each pharmaceutical sales representative who markets prescription drugs on behalf of the manufacturer to providers of health care licensed, certified or registered in this State, pharmacies or employees thereof, operators or employees of medical facilities or persons licensed or certified under the provisions of title 57 of NRS and update the list at least annually.

      2.  The Department shall provide electronic access to the most recent list provided by each manufacturer pursuant to subsection 1 to each provider of health care licensed, certified or registered in this State, operator of a pharmacy, operator of a medical facility or person licensed or certified under the provisions of title 57 for the purposes of ensuring compliance with the requirements of subsection 3. This subsection must not be construed to impose any duty on a provider of health care, operator of a pharmacy, operator of a medical facility or person licensed or certified under the provisions of title 57 to ensure such compliance.

      3.  A person who is not included on a current list submitted pursuant to subsection 1 shall not market prescription drugs on behalf of a manufacturer:

      (a) To any provider of health care licensed, certified or registered in this State, pharmacy or employee thereof, operator or employee of a medical facility or person licensed or certified under the provisions of title 57 of NRS; or

      (b) For sale to any resident of this State.

      4.  On or before March 1 of each year, each person who was included on a list of pharmaceutical sales representatives submitted pursuant to subsection 1 at any time during the immediately preceding calendar year shall submit to the Department a report, which must include, for the immediately preceding calendar year:

      (a) A list of providers of health care licensed, certified or registered in this State, pharmacies and employees thereof, operators and employees of medical facilities and persons licensed or certified under the provisions of title 57 of NRS to whom the pharmaceutical sales representative provided:

             (1) Any type of compensation with a value that exceeds $10; or

             (2) Total compensation with a value that exceeds $100 in aggregate; and

      (b) The name and manufacturer of each prescription drug for which the pharmaceutical sales representative provided a free sample to a provider of health care licensed, certified or registered in this State, pharmacy or employee thereof, operator or employee of a medical facility or person licensed or certified under the provisions of title 57 of NRS and the name of each such person to whom a free sample was provided.

 


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or person licensed or certified under the provisions of title 57 of NRS and the name of each such person to whom a free sample was provided.

      5.  The Department shall analyze annually the information submitted pursuant to subsection 4 and compile a report on the activities of pharmaceutical sales representatives in this State. Any information contained in such a report that is derived from a list provided pursuant to subsection 1 or a report submitted pursuant to subsection 3 must be reported in aggregate and in a manner that does not reveal the identity of any person or entity. On or before June 1 of each year, the Department shall:

      (a) Post the report on the Internet website maintained by the Department; and

      (b) Submit the report to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Health Care and, in even-numbered years, the next regular session of the Legislature.

      6.  As used in this section:

      (a) “Medical facility” has the meaning ascribed to it in NRS 629.026.

      (b) “Pharmaceutical sales representative” means a person who markets prescription drugs to providers of health care licensed, certified or registered in this State, pharmacies or employees thereof, operators or employees of medical facilities or persons licensed or certified under the provisions of title 57 of NRS.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 4.9.1.  On or before February 1 of each year, a nonprofit organization that advocates on behalf of patients or funds medical research in this State and has received a payment, donation, subsidy or anything else of value from a manufacturer, third party or pharmacy benefit manager or a trade or advocacy group for manufacturers, third parties or pharmacy benefit managers during the immediately preceding calendar year shall:

      (a) Compile a report which includes:

             (1) For each such contribution, the amount of the contribution and the manufacturer, third party or pharmacy benefit manager or group that provided the payment, donation, subsidy or other contribution; and

             (2) The percentage of the total gross income of the organization during the immediately preceding calendar year attributable to payments, donations, subsidies or other contributions from each manufacturer, third party, pharmacy benefit manager or group; and

      (b) Except as otherwise provided in this paragraph, post the report on an Internet website that is maintained by the nonprofit organization and accessible to the public. If the nonprofit organization does not maintain an Internet website that is accessible to the public, the nonprofit organization shall submit the report compiled pursuant to paragraph (a) to the Department.

      2.  As used in this section, “third party” means:

      (a) An insurer, as that term is defined in NRS 679B.540;

      (b) A health benefit plan, as that term is defined in NRS 689A.540, for employees which provides coverage for prescription drugs;

      (c) A participating public agency, as that term is defined in NRS 287.04052, and any other local governmental agency of the State of Nevada which provides a system of health insurance for the benefit of its officers and employees, and the dependents of officers and employees, pursuant to chapter 287 of NRS; or

 


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Nevada which provides a system of health insurance for the benefit of its officers and employees, and the dependents of officers and employees, pursuant to chapter 287 of NRS; or

      (d) Any other insurer or organization that provides health coverage or benefits in accordance with state or federal law.

Ê The term does not include an insurer that provides coverage under a policy of casualty or property insurance.

      Sec. 5. NRS 439.900 is hereby amended to read as follows:

      439.900  As used in NRS 439.900 to 439.940, inclusive, and sections 2 to 4.9, inclusive, of this act, unless the context otherwise requires, [“pharmacy” means every store or shop licensed by the State Board of Pharmacy where drugs, controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded or dispensed. The term does not include an institutional pharmacy as defined in NRS 639.0085.] the words and terms defined in sections 2 to 3.4, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 6. NRS 439.915 is hereby amended to read as follows:

      439.915  1.  Except as otherwise provided in subsection 2 [,] and subsection 3 of section 4.6 of this act, the Department shall:

      (a) Place or cause to be placed on the Internet website maintained by the Department [the] :

             (1) The information provided by each pharmacy pursuant to NRS 439.910;

             (2) The information compiled by a nonprofit organization pursuant to section 4.9 of this act if such a report is submitted pursuant to paragraph (b) of subsection 1 of that section;

             (3) The lists of prescription drugs compiled by the Department pursuant to section 3.6 of this act;

             (4) The wholesale acquisition cost of each prescription drug reported pursuant to section 3.8 of this act; and

             (5) The reports compiled by the Department pursuant to sections 4.3 and 4.6 of this act.

      (b) Ensure that the information [provided by each pharmacy pursuant to NRS 439.910 and] placed on the Internet website maintained by the Department pursuant to paragraph (a) is organized so that each individual pharmacy , manufacturer and nonprofit organization has its own separate entry on that website; and

      (c) Ensure that the usual and customary price that each pharmacy charges for each prescription drug that is on the list prepared pursuant to NRS 439.905 and that is stocked by the pharmacy:

             (1) Is presented on the Internet website maintained by the Department in a manner which complies with the requirements of NRS 439.920; and

             (2) Is updated not less frequently than once each calendar quarter.

Ê Nothing in this subsection prohibits the Department from determining the usual and customary price that a pharmacy charges for a prescription drug by extracting or otherwise obtaining such information from claims reported by pharmacies to the Medicaid program.

      2.  If a pharmacy is part of a larger company or corporation or a chain of pharmacies or retail stores, the Department may present the pricing information pertaining to such a pharmacy in such a manner that the pricing information is combined with the pricing information relative to other pharmacies that are part of the same company, corporation or chain, to the extent that the pricing information does not differ among those pharmacies.

 


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information is combined with the pricing information relative to other pharmacies that are part of the same company, corporation or chain, to the extent that the pricing information does not differ among those pharmacies.

      3.  The Department may establish additional or alternative procedures by which a consumer who is unable to access the Internet or is otherwise unable to receive the information described in subsection 1 in the manner in which it is presented by the Department may obtain that information:

      (a) In the form of paper records;

      (b) Through the use of a telephonic system; or

      (c) Using other methods or technologies designed specifically to assist consumers who are hearing impaired or visually impaired.

      4.  As used in this section, “usual and customary price” means the usual and customary charges that a [provider] pharmacy charges to the general public for a drug, as described in 42 C.F.R. § [447.331.] 447.512.

      Sec. 6.5. NRS 439.925 is hereby amended to read as follows:

      439.925  The Department and its members, officers and employees are not liable civilly or criminally for any act, omission, error or technical problem that results in:

      1.  The failure to provide to consumers information regarding a pharmacy, prescription drug or nonprofit organization, including, without limitation, the [prices charged by the pharmacy for the prescription drugs and generic equivalents that are on the list prepared pursuant to NRS 439.905; or] information made available on the Department’s Internet website pursuant to NRS 439.915; or

      2.  The providing to consumers of incorrect information regarding a pharmacy, prescription drug or nonprofit organization, including, without limitation, the [prices charged by the pharmacy for the prescription drugs and generic equivalents that are on the list prepared pursuant to NRS 439.905.] information made available on the Department’s Internet website pursuant to NRS 439.915.

      Sec. 7. NRS 439.930 is hereby amended to read as follows:

      439.930  The Department shall adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 439.900 to 439.940, inclusive [.] , and sections 2 to 4.9, inclusive, of this act. Such regulations must provide for, without limitation:

      1.  Notice to consumers stating that:

      (a) Although the Department will strive to ensure that consumers receive accurate information regarding pharmacies, prescription drugs and nonprofit organizations including, without limitation, the [prices charged by those pharmacies for the prescription drugs and generic equivalents that are on the list prepared pursuant to NRS 439.905,] information made available on the Department’s Internet website pursuant to NRS 439.915, the Department is unable to guarantee the accuracy of such information;

      (b) If a consumer follows an Internet link from the Internet website maintained by the Department to an Internet website not maintained by [a pharmacy,] the Department, the Department is unable to guarantee the accuracy of any information made available on [the] that Internet website ; [maintained by the pharmacy;] and

      (c) The Department advises consumers to contact a pharmacy , manufacturer or nonprofit organization directly to verify the accuracy of any information regarding the pharmacy , a prescription drug manufactured by the manufacturer or the nonprofit organization, as applicable, which is made available to consumers pursuant to NRS 439.900 to 439.940, inclusive [;] , and sections 2 to 4.9, inclusive, of this act;

 


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made available to consumers pursuant to NRS 439.900 to 439.940, inclusive [;] , and sections 2 to 4.9, inclusive, of this act;

      2.  Procedures adopted to direct consumers who have questions regarding the program described in NRS 439.900 to 439.940, inclusive, and sections 2 to 4.9, inclusive, of this act to contact the Office for Consumer Health Assistance of the Department;

      3.  Provisions in accordance with which the Department will allow an Internet link to the information [provided by each pharmacy pursuant to NRS 439.910 and] made available on the Department’s Internet website pursuant to NRS 439.915 to be placed on other Internet websites managed or maintained by other persons and entities, including, without limitation, Internet websites managed or maintained by:

      (a) Other governmental entities, including, without limitation, the State Board of Pharmacy and the Office of the Governor; and

      (b) Nonprofit organizations and advocacy groups;

      4.  Procedures pursuant to which consumers , [and] pharmacies , manufacturers and nonprofit organizations may report to the Department that information made available to consumers pursuant to NRS 439.900 to 439.940, inclusive, and sections 2 to 4.9, inclusive, of this act is inaccurate;

      5.  The form and manner in which pharmacies are to provide to the Department the information described in NRS 439.910; and

      6.  The form and manner in which manufacturers are to provide to the Department the information described in sections 3.8, 4 and 4.6 of this act;

      7.  The form and manner in which pharmacy benefit managers are to provide to the Department the information described in section 4.2 of this act;

      8.  The form and manner in which pharmaceutical sales representatives are to provide to the Department the information described in section 4.6 of this act;

      9.  The form and manner in which nonprofit organizations are to provide to the Department the information described in section 4.9 of this act, if required; and

      10.  Standards and criteria pursuant to which the Department may remove from its Internet website information regarding a pharmacy or an Internet link to the Internet website maintained by a pharmacy, or both, if the Department determines that the pharmacy has:

      (a) Ceased to be licensed and in good standing pursuant to chapter 639 of NRS; or

      (b) Engaged in a pattern of providing to consumers information that is false or would be misleading to reasonably informed persons.

      Sec. 7.5. NRS 439.935 is hereby amended to read as follows:

      439.935  1.  On or before July 1 of each odd-numbered year, the Department shall make a determination of whether sufficient money is available and authorized for expenditure to fund one or more components of the programs and other duties of the Department relating to NRS 439.900 to 439.940, inclusive [.] , and sections 2 to 4.9, inclusive, of this act.

      2.  The Department shall temporarily suspend any components of the program or duties of the Department for which it determines pursuant to subsection 1 that sufficient money is not available.

      3.  The Department may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or private source to carry out the provisions of NRS 439.900 to 439.940, inclusive [.]

 


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private source to carry out the provisions of NRS 439.900 to 439.940, inclusive [.] , and sections 2 to 4.9, inclusive, of this act.

      Sec. 8. NRS 439.940 is hereby amended to read as follows:

      439.940  1.  If a pharmacy that is licensed under the provisions of chapter 639 of NRS and is located within the State of Nevada fails to provide to the Department the information required to be provided pursuant to NRS 439.910 or fails to provide such information on a timely basis, and the failure was not caused by excusable neglect, technical problems or other extenuating circumstances, the Department may impose against the pharmacy an administrative penalty of not more than $500 for each day of such failure.

      2.  If a manufacturer fails to provide to the Department the information required by section 3.8, 4 or 4.6 of this act, a pharmacy benefit manager fails to provide to the Department the information required by section 4.2 of this act, a nonprofit organization fails to post or provide to the Department, as applicable, the information required by section 4.9 of this act or a manufacturer, pharmacy benefit manager or nonprofit organization fails to post or provide, as applicable, such information on a timely basis, and the failure was not caused by excusable neglect, technical problems or other extenuating circumstances, the Department may impose against the manufacturer, pharmacy benefit manager or nonprofit organization, as applicable, an administrative penalty of not more than $5,000 for each day of such failure.

      3.  If a pharmaceutical sales representative fails to comply with the requirements of section 4.6 of this act, the Department may impose against the pharmaceutical sales representative an administrative penalty of not more than $500 for each day of such failure.

      4.  Any money collected as administrative penalties pursuant to this section must be accounted for separately and used by the Department to establish and carry out programs to provide education concerning diabetes and prevent diabetes.

      Sec. 8.6.  Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The parent or legal guardian of a pupil who has asthma, anaphylaxis or diabetes may submit a written request to the principal or, if applicable, the school nurse of the private school in which the pupil is enrolled to allow the pupil to self-administer medication for the treatment of the pupil’s asthma, anaphylaxis or diabetes while the pupil is on the grounds of the private school, participating in an activity sponsored by the private school or on a school bus.

      2.  A private school shall establish protocols for containing blood-borne pathogens and the handling and disposal of needles, medical devices and other medical waste and provide a copy of these protocols and procedures to the parent or guardian of a pupil who requests permission for the pupil to self-administer medication pursuant to subsection 1.

      3.  A written request made pursuant to subsection 1 must include:

      (a) A signed statement of a physician indicating that the pupil has asthma, anaphylaxis or diabetes and is capable of self-administration of the medication while the pupil is on the grounds of the private school, participating in an activity sponsored by the private school or on a school bus;

      (b) A written treatment plan prepared by the physician pursuant to which the pupil will manage his or her asthma, anaphylaxis or diabetes if the pupil experiences an asthmatic attack, anaphylactic shock or diabetic episode while on the grounds of the private school, participating in an activity sponsored by the private school or on a school bus; and

 


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the pupil experiences an asthmatic attack, anaphylactic shock or diabetic episode while on the grounds of the private school, participating in an activity sponsored by the private school or on a school bus; and

      (c) A signed statement of the parent or legal guardian:

             (1) Indicating that the parent or legal guardian grants permission for the pupil to self-administer the medication while the pupil is on the grounds of the private school, participating in an activity sponsored by the private school or on a school bus;

             (2) Acknowledging that the parent or legal guardian is aware of and understands the provisions of subsections 4 and 5;

             (3) Acknowledging the receipt of the protocols provided pursuant to subsection 2;

             (4) Acknowledging that the protocols established pursuant to subsection 2 have been explained to the pupil who will self-administer the medication and that he or she has agreed to comply with the protocols; and

             (5) Acknowledging that authorization to self-administer medication pursuant to this section may be revoked if the pupil fails to comply with the protocols established pursuant to subsection 2.

      4.  The provisions of this section do not create a duty for the private school in which the pupil is enrolled, or an employee or agent thereof, that is in addition to those duties otherwise required in the course of service or employment.

      5.  If a pupil is granted authorization pursuant to this section to self-administer medication, the governing body of the private school in which the pupil is enrolled, the private school and any employee or agent thereof, are immune from liability for the injury to or death of:

      (a) The pupil as a result of self-administration of a medication pursuant to this section or the failure of the pupil to self-administer such a medication; and

      (b) Any other person as a result of exposure to or injury caused by needles, medical devices or other medical waste from the self-administration of medication by a pupil pursuant to this section.

      6.  Upon receipt of a request that complies with subsection 3, the principal or, if applicable, the school nurse of the private school in which the pupil is enrolled shall provide written authorization for the pupil to carry and self-administer medication to treat his or her asthma, anaphylaxis or diabetes while the pupil is on the grounds of the private school, participating in an activity sponsored by the private school or on a school bus. The written authorization must be filed with the principal or, if applicable, the school nurse of the private school in which the pupil is enrolled and must include:

      (a) The name and purpose of the medication which the pupil is authorized to self-administer;

      (b) The prescribed dosage and the duration of the prescription;

      (c) The times or circumstances, or both, during which the medication is required or recommended for self-administration;

      (d) The side effects that may occur from an administration of the medication;

      (e) The name and telephone number of the pupil’s physician and the name and telephone number of the person to contact in the case of a medical emergency concerning the pupil; and

 


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      (f) The procedures for the handling and disposal of needles, medical devices and other medical waste.

      7.  The written authorization provided pursuant to subsection 6 is valid for 1 school year. If a parent or legal guardian submits a written request that complies with subsection 3, the principal or, if applicable, the school nurse of the private school in which the pupil is enrolled shall renew and, if necessary, revise the written authorization.

      8.  If a parent or legal guardian of a pupil who is authorized pursuant to this section to carry medication on his or her person provides to the principal or, if applicable, the school nurse of the private school in which the pupil is enrolled doses of the medication in addition to the dosage that the pupil carries on his or her person, the principal or, if applicable, the school nurse shall ensure that the additional medication is:

      (a) Stored on the premises of the private school in a location that is secure; and

      (b) Readily available if the pupil experiences an asthmatic attack, anaphylactic shock or diabetic episode during school hours.

      9.  An employee of a private school who willfully violates any provision of this section is guilty of a misdemeanor.

      10.  As used in this section:

      (a) “Medication” has the meaning ascribed to it in NRS 392.425.

      (b) “Physician” has the meaning ascribed to it in NRS 392.425.

      (c) “Self-administer” has the meaning ascribed to it in NRS 392.425.

      Sec. 9. NRS 600A.030 is hereby amended to read as follows:

      600A.030  As used in this chapter, unless the context otherwise requires:

      1.  “Improper means” includes, without limitation:

      (a) Theft;

      (b) Bribery;

      (c) Misrepresentation;

      (d) Willful breach or willful inducement of a breach of a duty to maintain secrecy;

      (e) Willful breach or willful inducement of a breach of a duty imposed by common law, statute, contract, license, protective order or other court or administrative order; and

      (f) Espionage through electronic or other means.

      2.  “Misappropriation” means:

      (a) Acquisition of the trade secret of another by a person by improper means;

      (b) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

      (c) Disclosure or use of a trade secret of another without express or implied consent by a person who:

             (1) Used improper means to acquire knowledge of the trade secret;

             (2) At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was:

                   (I) Derived from or through a person who had used improper means to acquire it;

                   (II) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

                   (III) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

 


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             (3) Before a material change of his or her position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

      3.  “Owner” means the person who holds legal or equitable title to a trade secret.

      4.  “Person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

      5.  “Trade secret” [means] :

      (a) Means information, including, without limitation, a formula, pattern, compilation, program, device, method, technique, product, system, process, design, prototype, procedure, computer programming instruction or code that:

      [(a)](1) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by the public or any other persons who can obtain commercial or economic value from its disclosure or use; and

      [(b)](2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

      (b) Does not include any information that a manufacturer is required to report pursuant to section 3.8 or 4 of this act, information that a pharmaceutical sales representative is required to report pursuant to section 4.6 of this act or information that a pharmacy benefit manager is required to report pursuant to section 4.2 of this act, to the extent that such information is required to be disclosed by those sections.

      Sec. 10. Chapter 683A of NRS is hereby amended by adding thereto the provisions set forth as sections 11 to 21, inclusive, of this act.

      Sec. 11. (Deleted by amendment.)

      Sec. 12. As used in sections 12 to 21, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 13 to 16, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 13. “Covered person” means a person who is covered by a pharmacy benefits plan.

      Sec. 14. “Pharmacy” has the meaning ascribed to it in NRS 639.012.

      Sec. 14.5. “Pharmacy benefit manager” means an entity that contracts with or is employed by a third party and manages the pharmacy benefits plan provided by the third party.

      Sec. 15. “Pharmacy benefits plan” means coverage of prescription drugs provided by a third party.

      Sec. 16. “Third party” means:

      1.  An insurer, as that term is defined in NRS 679B.540;

      2.  A health benefit plan, as that term is defined in NRS 689A.540, for employees which provides a pharmacy benefits plan;

      3.  A participating public agency, as that term is defined in NRS 287.04052, and any other local governmental agency of the State of Nevada which provides a system of health insurance for the benefit of its officers and employees, and the dependents of officers and employees, pursuant to chapter 287 of NRS; or

      4.  Any other insurer or organization that provides health coverage or benefits or coverage of prescription drugs as part of workers’ compensation insurance in accordance with state or federal law.

 


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Ê The term does not include an insurer that provides coverage under a policy of casualty or property insurance.

      Sec. 17. 1.  Except as otherwise provided in subsection 2, the requirements of sections 12 to 21, inclusive, of this act and any regulations adopted by the Commissioner pursuant thereto do not apply to the coverage of prescription drugs under a plan that is subject to the Employee Retirement Income Security Act of 1974 or any information relating to such coverage.

      2.  A plan described in subsection 1 may, by contract, require a pharmacy benefit manager that manages the coverage of prescription drugs under the plan to comply with the requirements of sections 12 to 21, inclusive, of this act and any regulations adopted by the Commissioner pursuant thereto.

      Sec. 18. (Deleted by amendment.)

      Sec. 19.  A pharmacy benefit manager has a fiduciary duty to a third party with which the pharmacy benefit manager has entered into a contract to manage the pharmacy benefits plan of the third party and shall notify the third party in writing of any activity, policy or practice of the pharmacy benefit manager that presents a conflict of interest that interferes with the ability of the pharmacy benefit manager to discharge that fiduciary duty.

      Sec. 20. 1.  A pharmacy benefit manager shall not:

      (a) Prohibit a pharmacist or pharmacy from providing information to a covered person concerning the amount of any copayment or coinsurance for a prescription drug or informing a covered person concerning the clinical efficacy of a less expensive alternative drug;

      (b) Penalize a pharmacist or pharmacy for providing the information described in paragraph (a) or selling a less expensive alternative drug to a covered person;

      (c) Prohibit a pharmacy from offering or providing delivery services directly to a covered person as an ancillary service of the pharmacy; or

      (d) If the pharmacy benefit manager manages a pharmacy benefits plan that provides coverage through a network plan, charge a copayment or coinsurance for a prescription drug in an amount that is greater than the total amount paid to a pharmacy that is in the network of providers under contract with the third party.

      2.  As used in this section, “network plan” means a health benefit plan offered by a health carrier under which the financing and delivery of medical care is provided, in whole or in part, through a defined set of providers under contract with the carrier. The term does not include an arrangement for the financing of premiums.

      Secs. 21-26. (Deleted by amendment.)

      Sec. 26.3.NRS 689A.405 is hereby amended to read as follows:

      689A.405  1.  An insurer that offers or issues a policy of health insurance which provides coverage for prescription drugs shall include with any summary, certificate or evidence of that coverage provided to an insured, notice of whether a formulary is used and, if so, of the opportunity to secure information regarding the formulary from the insurer pursuant to subsection 2. The notice required by this subsection must:

      (a) Be in a language that is easily understood and in a format that is easy to understand;

      (b) Include an explanation of what a formulary is; and

      (c) If a formulary is used, include:

 


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             (1) An explanation of:

                   (I) How often the contents of the formulary are reviewed; and

                   (II) The procedure and criteria for determining which prescription drugs are included in and excluded from the formulary; and

             (2) The telephone number of the insurer for making a request for information regarding the formulary pursuant to subsection 2.

      2.  If an insurer offers or issues a policy of health insurance which provides coverage for prescription drugs and a formulary is used, the insurer shall:

      (a) Provide to any insured or participating provider of health care, upon request:

             (1) Information regarding whether a specific drug is included in the formulary.

             (2) Access to the most current list of prescription drugs in the formulary, organized by major therapeutic category, with an indication of whether any listed drugs are preferred over other listed drugs. If more than one formulary is maintained, the insurer shall notify the requester that a choice of formulary lists is available.

      (b) Notify each person who requests information regarding the formulary, that the inclusion of a drug in the formulary does not guarantee that a provider of health care will prescribe that drug for a particular medical condition.

      (c) During each period for open enrollment, publish on an Internet website that is operated by the insurer and accessible to the public or include in any enrollment materials distributed by the insurer a notice of all prescription drugs that:

             (1) Are included on the most recent list of drugs that are essential for treating diabetes in this State compiled by the Department of Health and Human Services pursuant to subsection 1 of section 3.6 of this act; and

             (2) Have been removed or will be removed from the formulary during the current plan year or the next plan year.

      (d) Update the notice required by paragraph (c) throughout the period for open enrollment.

      Sec. 26.6.  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. 26.9.  1.  Notwithstanding any other provision of this act to the contrary:

      (a) On or before November 1, 2017, the Department of Health and Human Services shall place on the Internet website maintained by the Department the information prescribed by section 3.6 of this act.

      (b) On or before July 1, 2018:

             (1) The manufacturer of a drug included on the list:

                   (I) Described in subsection 1 of section 3.6 of this act shall submit to the Department a report which includes the information prescribed by section 3.8 of this act.

                   (II) Described in subsection 2 of section 3.6 of this act shall submit to the Department a report which includes the information prescribed by section 4 of this act.

             (2) A pharmacy benefit manager shall submit to the Department a report which includes the information prescribed by section 4.2 of this act.

 


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ê2017 Statutes of Nevada, Page 4310 (Chapter 592, SB 539)ê

 

      (c) On or before September 1, 2018, the Department shall analyze the reports submitted pursuant to paragraph (b) and compile and post on the Internet website maintained by the Department the initial report required by section 4.3 of this act.

      2.  As used in this section:

      (a) “Manufacturer” has the meaning ascribed to it in section 2 of this act.

      (b) “Pharmacy benefit manager” has the meaning ascribed to it in section 14.5 of this act.

      Sec. 27.  1.  The provisions of sections 19 and 20 of this act do not apply to any contract existing on January 1, 2018, for the pharmacy benefit manager to manage a pharmacy benefits plan for a third party until the contract is renewed.

      2.  As used in this section:

      (a) “Pharmacy benefit manager” has the meaning ascribed to it in section 14.5 of this act.

      (b) “Pharmacy benefits plan” has the meaning ascribed to it in section 15 of this act.

      (c) “Third party” has the meaning ascribed to it in section 16 of this act.

      Sec. 28.  1.  This section and section 26.9 of this act become effective upon passage and approval.

      2.  Section 8.6 of this act becomes effective on July 1, 2017.

      3.  Sections 1 to 6.5, inclusive, 7.5, 8, 9 and 26.6 of this act become effective upon passage and approval for the purpose of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act and on October 1, 2017, for all other purposes.

      4.  Sections 10 to 26.3, inclusive, and 27 of this act become effective upon passage and approval for the purpose of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act and on January 1, 2018, for all other purposes.

      5.  Section 7 of this act becomes effective upon passage and approval for the purpose of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act and on May 1, 2018, for all other purposes.

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ê2017 Statutes of Nevada, Page 4311ê

 

CHAPTER 593, SB 325

Senate Bill No. 325–Senators Cancela, Segerblom, Woodhouse, Spearman, Parks; Cannizzaro, Denis and Farley

 

CHAPTER 593

 

[Approved: June 15, 2017]

 

AN ACT relating to public welfare; requiring the Director of the Department of Health and Human Services to authorize certain children to enroll in Medicaid and the Children’s Health Insurance Program; authorizing the Director to reduce or eliminate benefits provided to such children under those programs in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing federal law provides generally that an alien is not eligible for any Federal means-tested public benefit for a period of 5 years beginning on the date of the alien’s entry into the United States. (8 U.S.C. § 1613) Federal law contains an exemption that authorizes a state to elect to allow children under 21 years of age who are lawfully residing in the United States and have resided in the United States for less than 5 years to enroll in Medicaid and the Children’s Health Insurance Program. (42 U.S.C. § 1396b(v)(4)(A)(ii)) This bill requires the Director of the Department of Health and Human Services to include in the State Plan for Medicaid and the Children’s Health Insurance Program authorization for such children who are under 19 years of age to enroll in Medicaid and the Children’s Health Insurance Program. This bill also authorizes the Director to reduce or eliminate benefits available for those children under those programs in response to certain changes in federal law.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, the Director shall:

      (a) To the extent authorized by federal law, include in the State Plan for Medicaid and in the Children’s Health Insurance Program authorization for a child less than 19 years of age who is described in 42 U.S.C. § 1396b(v)(4)(A)(ii) to enroll in Medicaid and the Children’s Health Insurance Program; and

      (b) Take any action necessary to comply with the requirements of the Centers for Medicare and Medicaid Services and any other applicable federal law to carry out the requirements of paragraph (a).

      2.  The Director may reduce or eliminate any benefits available pursuant to subsection 1 if:

      (a) The provision of such benefits is no longer authorized by federal law; or

      (b) The federal medical assistance percentage calculated pursuant to 42 U.S.C. § 1396d(b) is significantly reduced below the percentage existing on July 1, 2017.

 

 


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ê2017 Statutes of Nevada, Page 4312 (Chapter 593, SB 325)ê

 

      Sec. 2. NRS 232.320 is hereby amended to read as follows:

      232.320  1.  The Director:

      (a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:

             (1) The Administrator of the Aging and Disability Services Division;

             (2) The Administrator of the Division of Welfare and Supportive Services;

             (3) The Administrator of the Division of Child and Family Services;

             (4) The Administrator of the Division of Health Care Financing and Policy; and

             (5) The Administrator of the Division of Public and Behavioral Health.

      (b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.621 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.

      (c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.

      (d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:

             (1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;

             (2) Set forth priorities for the provision of those services;

             (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;

             (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;

             (5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and

             (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 4313 (Chapter 593, SB 325)ê

 

      (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.

      (f) Has such other powers and duties as are provided by law.

      2.  Notwithstanding any other provision of law, the Director, or the Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department, other than the State Public Defender of the Office of State Public Defender who is appointed pursuant to NRS 180.010.

      Sec. 3.  This act becomes effective on July 1, 2017.

________

CHAPTER 594, AB 144

Assembly Bill No. 144–Assemblymen Thompson, Neal, Joiner, Flores; Brooks, Fumo, McCurdy II, Monroe-Moreno and Ohrenschall

 

Joint Sponsors: Senators Cancela, Ford; and Denis

 

CHAPTER 594

 

[Approved: June 15, 2017]

 

AN ACT relating to education; creating the Nevada Advisory Commission on Mentoring; providing for the membership, powers and duties of the Commission; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill creates the Nevada Advisory Commission on Mentoring for the purpose of supporting and facilitating existing mentorship programs in this State. Section 3 of this bill creates the Commission and prescribes the membership of the Commission. Sections 4 and 5 of this bill set forth the duties and powers of the Commission. Section 4 requires the Commission to meet quarterly and authorizes the Commission to: (1) appoint committees from its members; (2) engage the services of volunteers and consultants without compensation; (3) enter into public-private partnerships; and (4) apply for and receive gifts, grants, contributions and other money from any source. Section 4 further requires the Commission to appoint a Mentorship Advisory Council to advise the Commission on matters of importance relating to mentoring and mentorship programs in this State. Section 5 requires the Commission to: (1) establish model guidelines and parameters for existing mentorship programs; (2) develop a model financial plan providing for the sustainability and financial stability of existing mentorship programs; (3) develop model protocols for the management of mentors, mentees and matches under existing mentorship programs; (4) employ a coordinator for mentorship programs in this State; and (5) develop and administer a competitive grants program to award grants of money to mentorship programs. Section 6.5 of this bill makes an appropriation from the State General Fund to the Department of Education for the costs of the Commission during the 2017-2019 biennium.

 


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ê2017 Statutes of Nevada, Page 4314 (Chapter 594, AB 144)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 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, “Commission” means the Nevada Advisory Commission on Mentoring created by section 3 of this act.

      Sec. 3. 1.  The Nevada Advisory Commission on Mentoring is hereby created. The Commission consists of the following 13 members:

      (a) One member appointed by the Governor who is a representative of business and industry with a vested interest in supporting mentorship programs in this State.

      (b) One member appointed by the Governor who represents an employment and training organization located in this State.

      (c) One member appointed by the Governor who is a resident of a county whose population is less than 100,000.

      (d) One member who is the superintendent of a school district in a county whose population is 700,000 or more.

      (e) One member who is the superintendent of a school district in a county whose population is 100,000 or more but less than 700,000.

      (f) One member appointed by the Majority Leader of the Senate.

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

      (h) One member appointed by the Minority Leader of the Senate.

      (i) One member appointed by the Minority Leader of the Assembly.

      (j) Four members appointed to the Commission pursuant to subsection 2.

      2.  The members of the Commission appointed pursuant to paragraphs (a) to (i), inclusive, of subsection 1 shall, at the first meeting of the Commission, appoint to the Commission four additional voting members:

      (a) One of whom must be a member of the state advisory group appointed by the Governor pursuant to 42 U.S.C. § 5633 and operating in this State as the Juvenile Justice Commission under the Division of Child and Family Services of the Department of Health and Human Services;

      (b) One of whom must be a representative of business and industry with a vested interest in supporting mentorship programs in this State; and

      (c) Two members between the ages of 16 years and 24 years who have a vested interest in supporting mentorship programs in this State.

      3.  After the initial terms, each member of the Commission appointed pursuant to subsections 1 and 2 serves a term of 4 years. A member of the Commission may be reappointed.

      4.  Any vacancy occurring in the membership of the Commission must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs. A member appointed to fill a vacancy shall serve as a member of the Commission for the remainder of the original term of appointment.

      5.  Each member of the Commission:

      (a) Serves without compensation; and

 


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ê2017 Statutes of Nevada, Page 4315 (Chapter 594, AB 144)ê

 

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

      Sec. 4. 1.  At the first meeting of each calendar year, the Commission shall elect from its members a Chair, a Vice Chair and a Secretary and shall adopt the rules and procedures of the Commission.

      2.  The Commission shall meet at least once each calendar quarter and at other times at the call of the Chair or a majority of its members.

      3.  A majority of the members of the Commission constitutes a quorum for the transaction of business, and a quorum may exercise any power or authority conferred on the Commission.

      4.  Except as otherwise provided in section 5 of this act, the Commission may, for the purpose of carrying out the duties of the Commission prescribed by that section:

      (a) Appoint committees from its members.

      (b) Engage the services of volunteer workers and consultants without compensation.

      (c) Enter into a public-private partnership with any business, for-profit organization or nonprofit organization.

      (d) Apply for and receive gifts, grants, donations, contributions or other money from any source.

      5.  The Commission shall appoint a Mentorship Advisory Council consisting of five members who represent organizations which provide mentorship programs in this State. The members of the Council serve at the pleasure of the Commission. If a member of the Council is removed or if the position of a member otherwise becomes vacant, the Commission shall appoint a new member to fill the vacancy at the next regularly scheduled meeting of the Commission. The Council shall advise the Commission on matters of importance relating to mentoring and mentorship programs in this State.

      6.  The Commission shall, on or before February 1 of each year, prepare and submit a report outlining the activities and recommendations of the Commission to:

      (a) The Governor; and

      (b) The Director of the Legislative Counsel Bureau for transmittal to the Legislature or to the Legislative Commission if the Legislature is not in regular session.

      Sec. 5. 1.  The Commission shall, within the scope of its duties, support and facilitate mentorship programs in this State for the purpose of addressing issues relating to education, health, criminal justice and employment with respect to children who reside in this State. The Commission shall:

      (a) Establish model guidelines and parameters for existing mentorship programs, including, without limitation:

             (1) The development of a model management plan setting forth guidelines for the operation of mentorship programs and strategic goals and benchmarks to measure the success of a mentorship program.

             (2) The process for identifying children in need of mentorship and geographic areas of need within this State. Such a process must include, without limitation, consideration of children who:

 


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ê2017 Statutes of Nevada, Page 4316 (Chapter 594, AB 144)ê

 

                   (I) Are disproportionately at risk of being deprived of the opportunity to develop and maintain a competitive position in the economy.

                   (II) Are disproportionately at risk of failing to make adequate yearly progress in a school in this State.

                   (III) Have been involved with the system of juvenile justice in this State, either as a victim or as an offender.

                   (IV) Have been involved with the criminal justice system, either as a victim or as an offender.

                   (V) Are in the child welfare system.

      (b) Develop a model financial plan that provides for the sustainability and financial stability of mentorship programs, including, without limitation:

             (1) The development of a resource plan to provide for diversified fundraising.

             (2) The identification of potential sources of revenue to fund the hiring of the coordinator for mentorship programs in this State, as required by paragraph (e).

             (3) The identification of potential sources of revenue to fund the hiring of administrative support staff for mentorship programs in this State.

             (4) The development, in coordination with the Office of Grant Procurement, Coordination and Management of the Department of Administration of a plan for seeking gifts, grants, donations and contributions from any source for the purpose of carrying out a mentorship program.

             (5) The identification of potential strategic private partners to assist in the implementation and continuation of mentorship programs.

             (6) The development of public relations and marketing campaigns for the purpose of increasing public awareness regarding existing mentorship programs and the value of mentorship programs.

      (c) Develop model protocols for the recruitment, screening, training, matching, monitoring and support of mentors.

      (d) Develop model protocols for the effective management of mentors, mentees and matches under mentorship programs, including, without limitation, protocols for the introduction of a mentor to a mentee and closure of the relationship between a mentor and a mentee.

      (e) Within the limits of legislative appropriations, employ a coordinator for mentorship programs in this State.

      (f) Within the limits of legislative appropriations, develop a competitive grants program to award grants of money to mentorship programs in this State. In coordination with the Office of Grant Procurement, Coordination and Management of the Department of Administration, the Commission shall:

 

 

 

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 4317 (Chapter 594, AB 144)ê

 

             (1) Administer the grants program;

             (2) Establish guidelines for the submission and review of applications to receive grants from the program; and

             (3) Consider and approve or disapprove applications for grants from the program.

      2.  As used in this section, “child” means a person 24 years of age or younger.

      Sec. 6.  1.  The members of the Nevada Advisory Commission on Mentoring created by section 3 of this act appointed to initial terms in accordance with paragraphs (a) to (i), inclusive, of subsection 1 of section 3 of this act must be appointed on or before October 1, 2017.

      2.  The Governor shall call the first meeting of the Commission, which must take place on or before December 31, 2017.

      3.  At the first meeting of the Commission, and after the appointment of 4 voting members to the Commission pursuant to subsection 2 of section 3 of this act, the 13 members appointed to initial terms pursuant to subsections 1 and 2 of section 3 of this act shall choose their term of office by lot, in the following manner:

      (a) Five members for terms of 2 years;

      (b) Four members for terms of 3 years; and

      (c) Four members for terms of 4 years.

      Sec. 6.5.  1.  There is hereby appropriated from the State General Fund to the Department of Education for the expenses incurred for meetings of the Nevada Advisory Commission on Mentoring created by section 3 of this act the following sums:

For the Fiscal Year 2017-2018......................................................... $7,400

For the Fiscal Year 2018-2019......................................................... $7,400

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years 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 21, 2018, and September 20, 2019, respectively, 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 21, 2018, and September 20, 2019, respectively.

      Sec. 7.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 8.  This act becomes effective on July 1, 2017.

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ê2017 Statutes of Nevada, Page 4318ê

 

CHAPTER 595, SB 516

Senate Bill No. 516–Committee on Commerce, Labor and Energy

 

CHAPTER 595

 

[Approved: June 15, 2017]

 

AN ACT relating to employment; creating the Office of Workforce Innovation within the Office of the Governor; establishing the duties of the Office and the Executive Director of the Office; revising the membership, procedures and duties of the State Apprenticeship Council; revising the qualifications, requirements and duties of the State Director of Apprenticeship; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      In 2016, the Governor of Nevada issued Executive Order 2016-08, which established the Office of Workforce Innovation within the Office of Governor. Sections 18-21 of this bill codify the Office into Nevada Revised Statutes. Section 20 of this bill establishes the powers and duties of the Executive Director of the Office of Workforce Innovation. Section 21.5 of this bill provides that the employees of the Office of Workforce Innovation are not in the classified or unclassified service of the State. Sections 14, 20 and 23 of this bill move the responsibility for the oversight of the State’s statewide longitudinal data system linking data relating to early childhood education programs and K-12 public education with data relating to postsecondary education and the workforce in this State from the P-20W Advisory Council to the Executive Director of the Office of Workforce Innovation.

      The federal National Apprenticeship Act authorizes and directs the United States Secretary of Labor to: (1) formulate and promote the furtherance of labor standards to safeguard the welfare of apprentices; (2) encourage the inclusion of such standards in contracts of apprenticeship; (3) bring together employers and labor for the creation of programs of apprenticeship; and (4) cooperate with state agencies in the establishment and promotion of standards of apprenticeship. (29 U.S.C. § 50) In 1977, the Secretary of Labor promulgated regulations implementing the National Apprenticeship Act which placed responsibility for accomplishing those goals in the United States Department of Labor, but authorized the Department to delegate authority to administer certain portions of the regulations to states under certain circumstances where a state’s apprenticeship laws conform to the federal regulations and the state’s entities satisfy the requirements for recognition by the Department. (29 C.F.R. Part 29 (1977))

      In 2008, the Secretary of Labor updated the federal regulations concerning apprenticeship and required participating states to conform their apprenticeship laws, regulations and policies to those federal regulations in order to continue or obtain federal recognition. (29 C.F.R. Part 29) The requirements for conformity and recognition include, among other things, certain changes in the roles and responsibilities of administrative entities of state government responsible for apprenticeship, including a provision which prohibits a state apprenticeship council from being recognized as a state’s registration agency. (29 C.F.R. § 29.2)

      Under existing law, the apprenticeship program in Nevada is administered by the Labor Commissioner as the ex officio State Director of Apprenticeship with the advice and guidance of the State Apprenticeship Council. (NRS 610.110, 610.120) Sections 11 and 18 of this bill make the Office of Workforce Innovation responsible and accountable for apprenticeship in this State as this State’s registration agency. Sections 3-6 of this bill change the membership, procedures and duties of the State Apprenticeship Council. Section 6 also requires the State Apprenticeship Council to act as a regulatory body in administering the provisions governing the state apprenticeship program.

 


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ê2017 Statutes of Nevada, Page 4319 (Chapter 595, SB 516)ê

 

act as a regulatory body in administering the provisions governing the state apprenticeship program. In lieu of the Labor Commissioner serving ex officio as the State Director of Apprenticeship, section 8 requires the Governor to appoint a State Apprenticeship Director. Sections 7-13 of this bill impose additional qualifications, requirements and duties on the State Apprenticeship Director. Section 13 also eliminates appeals to the Labor Commissioner of determinations or decisions of the State Apprenticeship Council regarding violations of the terms and conditions of programs or agreements.

 

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 610.010 is hereby amended to read as follows:

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

      1.  “Agreement” means a written and signed agreement of indenture as an apprentice.

      2.  “Apprentice” means a person who is covered by a written agreement, issued pursuant to a program with an employer, or with an association of employers or an organization of employees acting as agent for an employer.

      3.  “Council” means the State Apprenticeship Council created by NRS 610.030.

      4.  “Disability” means, with respect to a person:

      (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

      (b) A record of such an impairment; or

      (c) Being regarded as having such an impairment.

      [4.]5. “Executive Director” means the Executive Director of the Office of Workforce Innovation.

      6.  “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

      [5.]7. “Office of Workforce Innovation” means the Office of Workforce Innovation in the Office of the Governor created by section 18 of this act.

      8.  “Program” means a program of training and instruction as an apprentice in an occupation in which a person may be apprenticed.

      [6.]9.  “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

      10.  “State Apprenticeship Director” means the person appointed pursuant to NRS 610.110.

      Sec. 2. NRS 610.020 is hereby amended to read as follows:

      610.020  The purposes of this chapter are:

      1.  To open to people, without regard to race, color, creed, sex, sexual orientation, gender identity or expression, religion, disability or national origin, the opportunity to obtain training that will equip them for profitable employment and citizenship.

      2.  To establish, as a means to this end, an organized program for the voluntary training of persons under approved standards for apprenticeship, providing facilities for their training and guidance in the arts and crafts of industry and trade, with instruction in related and supplementary education.

 


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ê2017 Statutes of Nevada, Page 4320 (Chapter 595, SB 516)ê

 

      3.  To promote opportunities for employment for all persons, without regard to race, color, creed, sex, sexual orientation, gender identity or expression, religion, disability or national origin, under conditions providing adequate training and reasonable earnings.

      4.  To regulate the supply of skilled workers in relation to the demand for skilled workers.

      5.  To establish standards for the training of apprentices in approved programs.

      6.  To establish a State Apprenticeship Council . [with the authority to carry out the purposes of this chapter and provide for local joint apprenticeship committees to assist in carrying out the purposes of this chapter.]

      7.  To provide for a State Apprenticeship Director [of Apprenticeship.] with the authority to carry out the purposes of this chapter.

      8.  To provide for reports to the Legislature and to the public regarding the status of the training of apprentices in the State.

      9.  [To establish procedures for regulating programs and deciding controversies concerning programs and agreements.

      10.]  To accomplish related ends.

      Sec. 3. NRS 610.030 is hereby amended to read as follows:

      610.030  [1.  A] There is hereby created a State Apprenticeship Council composed of [seven members is hereby created.

      2.  The Labor Commissioner shall appoint:] :

      1.  The following voting members, appointed by the Governor:

      (a) [Three] Four members who are representatives from employer associations and have knowledge concerning occupations in which a person may be apprenticed.

      (b) [Three] Four members who are representatives from employee organizations and have knowledge concerning occupations in which a person may be apprenticed.

      (c) One member who is a representative of the general public . [and who, before appointment, must first receive the unanimous approval of the members appointed under the provisions of paragraphs (a) and (b).

      3.  The state official who has been designated by the State Board for Career and Technical Education as being in charge of trade and industrial education is an ex officio member of the State Apprenticeship Council but may not vote.]

      2.  The following nonvoting members:

      (a) The Executive Director of the Office of Economic Development or his or her designee.

      (b) The Superintendent of Public Instruction or his or her designee.

      (c) One representative of a community college located in a county whose population is 700,000 or more, appointed by the Chancellor of the Nevada System of Higher Education.

      (d) One representative of a community college located in a county whose population is less than 700,000, appointed by the Chancellor of the Nevada System of Higher Education.

      Sec. 4. NRS 610.040 is hereby amended to read as follows:

      610.040  1.  [In making the initial appointments to the Council, the Labor Commissioner shall appoint:

 


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      (a) One member who is a representative from employer associations, one member who is a representative from employee organizations, and one member who is the representative from the general public for terms of 1 year.

      (b) One member who is a representative from employer associations and one member who is a representative from employee organizations for terms of 2 years.

      (c) One member who is a representative from employer associations and one member who is a representative from employee organizations for terms of 3 years.

      2.  After the initial appointments provided for in subsection 1, each] Each voting member of the Council shall serve for a term of 3 years [.] , so long as the member has the qualifications required by NRS 610.030. A member of the Council who no longer has the qualifications specified in NRS 610.030 under which the member was appointed shall continue to serve on the Council until the member’s successor is appointed. A voting member may not serve more than four terms.

      2.  The voting members of the Council serve at the pleasure of the Governor.

      3.  The nonvoting members of the Council appointed pursuant to paragraphs (c) and (d) of subsection 2 of NRS 610.030 serve at the pleasure of the Chancellor of the Nevada System of Higher Education.

      Sec. 5. NRS 610.070 is hereby amended to read as follows:

      610.070  1.  The Governor shall select from the membership of the Council a Chair and Vice Chair, who shall hold office for 1 year.

      2.  The State Apprenticeship Director shall serve as the nonvoting Secretary of the Council.

      3.  The Council may prescribe such bylaws as it deems necessary for its operation.

      4.  The [State Apprenticeship] Council shall meet at least once in each calendar quarter [and may meet at other times at the call of] at a time and place specified by the call of the Chair, the State Apprenticeship Director, the Executive Director or a majority of [its] the members [.] of the Council. Special meetings of the Council may be held at the call of the Chair, the State Apprenticeship Director, the Executive Director or a majority of the members of the Council at such additional times as they deem necessary.

      5.  Five voting members of the Council constitutes a quorum, and a quorum may exercise any power or authority conferred on the Council.

      Sec. 5.5. NRS 610.080 is hereby amended to read as follows:

      610.080  1.  Each member of the [State Apprenticeship] Council is entitled to receive a salary of not more than $80 per day, as fixed by the Council, while attending meetings of the Council.

      2.  While engaged in the business of the Council, each member and employee of the Council is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 6. NRS 610.090 is hereby amended to read as follows:

      610.090  The [State Apprenticeship] Council shall:

      1.  Establish standards for programs and agreements that are not lower than those prescribed by this chapter.

      2.  Upon review and approval, extend written reciprocal recognition to multistate joint programs.

 


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      3.  Adopt such regulations as may be necessary to carry out the intent and purposes of this chapter.

      4.  Administer the provisions of this chapter as a regulatory body.

      5.  Consistent with its duties and obligations under this chapter, demonstrate linkages and coordination with the State’s economic development strategies and workforce investment system that is paid for wholly or in part out of public money, as set forth in 29 C.F.R. § 29.13.

      6.  Adopt regulations pursuant to 29 C.F.R. Parts 29 and 30.

      7.  Perform such other functions as may be necessary for the fulfillment of the intent and purposes of this chapter.

      Sec. 7. NRS 610.100 is hereby amended to read as follows:

      610.100  The State Apprenticeship [Council] Director shall make a report of [its] the activities and findings [, through the Labor Commissioner, as provided in NRS 607.080,] of the Council to the Legislature and to the public.

      Sec. 8. NRS 610.110 is hereby amended to read as follows:

      610.110  1.  The [Labor Commissioner or the duly appointed representative of the Labor Commissioner] Governor shall [be ex officio] appoint a State Apprenticeship Director . [of Apprenticeship.]

      2.  The State Apprenticeship Director:

      (a) Shall report to the Executive Director.

      (b) Is not in the classified or unclassified service of the State and serves at the pleasure of the Governor.

      (c) Must have responsible administrative experience in public or business administration or must possess broad management skills in areas related to the functions of this chapter.

      (d) Must have the demonstrated ability to administer a major public agency in the field of workforce development, and must possess the following skills and attributes:

             (1) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to subject matters under his or her administrative direction.

             (2) The administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject fields.

             (3) An ability to organize and present oral and written communication to the Governor, the Legislature and other pertinent officials or persons.

             (4) A background which demonstrates that he or she can impartially serve the interests of both employees and employers.

      (e) Must not, at the time of appointment or at any time during his or her term of office, receive payment or compensation as the officer of any labor organization or have a pecuniary interest in any labor organization.

      Sec. 9. NRS 610.120 is hereby amended to read as follows:

      610.120  1.  The State Apprenticeship Director [of Apprenticeship] shall:

      (a) Administer the provisions of this chapter with the advice and guidance of the State Apprenticeship Council.

      (b) [In cooperation with the State Apprenticeship Council and local or state joint apprenticeship committees, set up conditions and standards for proposed programs, that are not less stringent than those prescribed by this chapter.

 


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      (c) Approve any agreement which meets the standards established under this chapter and terminate or cancel any agreement in accordance with the provisions of the agreement, the program, this chapter and the standards approved by the State Apprenticeship Council.

      (d)] Keep a record of agreements and their dispositions.

      [(e)](c) Issue certificates of completion of apprenticeship at the request of the local joint apprenticeship committee.

      [(f)](d) Promote apprenticeship programs through public engagement activities and other initiatives.

      (e) Ensure information and resources related to applications for new apprenticeship programs are made available to the public, including, without limitation, information related to technical assistance and requirements for applicants of new apprenticeship programs.

      (f) Establish and maintain an Internet website that provides information regarding apprenticeship programs to the public.

      (g) Assist the Council in identifying opportunities for linkages and coordination with the State’s economic development strategies and workforce investment system that is paid for wholly or in part with public money, in accordance with 29 C.F.R. § 29.13.

      (h) Coordinate community-based outreach initiatives designed to promote apprenticeship opportunities among students, displaced workers and other persons who face barriers to entering the workforce.

      (i) Prepare budgets and compile annual reports to the Legislature, Executive Director and Governor.

      (j) Perform other administrative duties on behalf of the Council.

      (k) Perform such other duties as are necessary to carry out the intent and purposes of this chapter.

      2.  The administration and supervision of related and supplemental instruction for apprentices, coordination of instruction with job experiences, and the selection and training of teachers and coordinators for that instruction are the responsibility of the local joint apprenticeship committees.

      3.  As used in this section, “technical assistance” means guidance provided by the Office of Workforce Innovation to the sponsor of a proposed or existing apprenticeship program for the development, revision, amendment or processing of standards of apprenticeship or apprenticeship agreements and the provision of advice to or consultation with such a sponsor to further compliance with the provisions of this chapter and any regulations adopted pursuant thereto.

      Sec. 10. NRS 610.140 is hereby amended to read as follows:

      610.140  1.  A local or state apprenticeship committee shall:

      (a) In accordance with standards [set up] established by the [State Apprenticeship] Council, work in an advisory capacity with employers and employees in matters regarding schedules of operations, application of wage rates, and working conditions for apprentices, which conditions must specify the number of apprentices which may be employed locally in the trade under programs and agreements entered into under this chapter.

      (b) Adjust disputes concerning apprenticeships not otherwise provided for in bona fide collective bargaining agreements.

      (c) Within 10 days after the termination of any agreement, submit to the State Apprenticeship [Council] Director a written notice which includes the name of the apprentice and the reason for the termination.

 


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      (d) Keep the [State Apprenticeship] Council informed of all actions.

      2.  The decisions of local or state joint apprenticeship committees are, at all times, subject to appeal to the [State Apprenticeship] Council.

      Sec. 11. NRS 610.144 is hereby amended to read as follows:

      610.144  To be eligible for registration and approval by the [State Apprenticeship] Council, a proposed program must:

      1.  Be an organized, written plan embodying the terms and conditions of employment, training and supervision of one or more apprentices in an occupation in which a person may be apprenticed and be subscribed to by a sponsor who has undertaken to carry out the program.

      2.  Contain the pledge of equal opportunity prescribed in 29 C.F.R. § [30.3(b)] 30.3(c) and, when applicable:

      (a) A plan of affirmative action in accordance with 29 C.F.R. § 30.4;

      (b) A method of selection authorized in 29 C.F.R. § [30.5;] 30.10;

      (c) A nondiscriminatory pool for application as an apprentice; or

      (d) Similar requirements expressed in a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor.

      3.  Contain:

      (a) Provisions concerning the employment and training of the apprentice in a skilled trade;

      (b) A term of apprenticeship of not less than 2,000 hours of work experience, consistent with training requirements as established by practice in the trade;

      (c) An outline of the processes in which the apprentice will receive supervised experience and training on the job, and the allocation of the approximate time to be spent in each major process;

      (d) Provisions for organized, related and supplemental instruction in technical subjects related to the trade with a minimum of 144 hours for each year of apprenticeship, given in a classroom or through trade, industrial or correspondence courses of equivalent value or other forms of study approved by the [State Apprenticeship] Council;

      (e) A progressively increasing, reasonable and profitable schedule of wages to be paid to the apprentice consistent with the skills acquired, not less than that allowed by federal or state law or regulations or by a collective bargaining agreement;

      (f) Provisions for a periodic review and evaluation of the apprentice’s progress in performance on the job and related instruction and the maintenance of appropriate records of such progress;

      (g) A numeric ratio of apprentices to journeymen consistent with proper supervision, training, safety, continuity of employment and applicable provisions in collective bargaining agreements, in language that is specific and clear as to its application in terms of job sites, workforces, departments or plants;

      (h) A probationary period that is reasonable in relation to the full term of apprenticeship, with full credit given for that period toward the completion of the full term of apprenticeship;

      (i) Provisions for adequate and safe equipment and facilities for training and supervision and for the training of apprentices in safety on the job and in related instruction;

 


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      (j) The minimum qualifications required by a sponsor for persons entering the program, with an eligible starting age of not less than 16 years;

      (k) Provisions for the placement of an apprentice under a written agreement as required by this chapter, incorporating directly or by reference the standards of the program;

      (l) Provisions for the granting of advanced standing or credit to all applicants on an equal basis for previously acquired experience, training or skills, with commensurate wages for each advanced step granted;

      (m) Provisions for the transfer of the employer’s training obligation when the employer is unable to fulfill his or her obligation under the agreement to another employer under the same or a similar program with the consent of the apprentice and the local joint apprenticeship committee or sponsor of the program;

      (n) Provisions for the assurance of qualified training personnel and adequate supervision on the job;

      (o) Provisions for the issuance of an appropriate certificate evidencing the successful completion of an apprenticeship;

      (p) An identification of the [State Apprenticeship Council] Office of Workforce Innovation as the agency for registration of the program;

      (q) Provisions for the registration of agreements and of modifications and amendments thereto;

      (r) Provisions for notice to the [Labor Commissioner] State Apprenticeship Director of persons who have successfully completed the program and of all cancellations, suspensions and terminations of agreements and the causes therefor;

      (s) Provisions for the termination of an agreement during the probationary period by either party without cause;

      (t) A statement that the program will be conducted, operated and administered in conformity with the applicable provisions of 29 C.F.R. Part 30 or a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor;

      (u) The name and address of the appropriate authority under the program to receive, process and make disposition of complaints; and

      (v) Provisions for the recording and maintenance of all records concerning apprenticeships as may be required by the [State Apprenticeship] Council and applicable laws.

      Sec. 12. NRS 610.150 is hereby amended to read as follows:

      610.150  Every agreement entered into under this chapter must contain:

      1.  The names and signatures of the contracting parties and the signature of a parent or legal guardian if the apprentice is a minor.

      2.  The date of birth of the apprentice.

      3.  The name and address of the sponsor of the program.

      4.  A statement of the trade or craft in which the apprentice is to be trained, and the beginning date and expected duration of the apprenticeship.

      5.  A statement showing the number of hours to be spent by the apprentice in work and the number of hours to be spent in related and supplemental instruction, which instruction must not be less than 144 hours per year.

 


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      6.  A statement setting forth a schedule of the processes in the trade or division of industry in which the apprentice is to be trained and the approximate time to be spent at each process.

      7.  A statement of the graduated scale of wages to be paid the apprentice and whether or not compensation is to be paid for the required time in school.

      8.  Statements providing:

      (a) For a specific period of probation during which the agreement may be terminated by either party to the agreement upon written notice to the State Apprenticeship [Council;] Director; and

      (b) That after the probationary period the agreement may be cancelled at the request of the apprentice, or suspended, cancelled or terminated by the sponsor for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action, and with written notice to the apprentice and the State Apprenticeship [Council] Director of the final action taken.

      9.  A reference incorporating as part of the agreement the standards of the program as it exists on the date of the agreement and as it may be amended during the period of the agreement.

      10.  A statement that the apprentice will be accorded equal opportunity in all phases of employment and training as an apprentice without discrimination because of race, color, creed, sex, sexual orientation, gender identity or expression, religion or disability.

      11.  A statement naming the [State Apprenticeship] Council as the authority designated pursuant to NRS 610.180 to receive, process and dispose of controversies or differences arising out of the agreement when the controversies or differences cannot be adjusted locally or resolved in accordance with the program or collective bargaining agreements.

      12.  Such additional terms and conditions as are prescribed or approved by the [State Apprenticeship] Council not inconsistent with the provisions of this chapter.

      Sec. 12.5. NRS 610.160 is hereby amended to read as follows:

      610.160  1.  No agreement under this chapter is effective until it is approved by the local joint apprenticeship committee and the [State Director of Apprenticeship.] Council. A copy of the agreement must be forwarded within 10 days after approval by the local joint apprenticeship committee to the [State Director of Apprenticeship.] Council.

      2.  Every agreement must be signed by the employer, by an association of employers or by an organization of employees acting as agent for an employer, and by the apprentice. If the apprentice is a minor, the agreement must also be signed by:

      (a) Both parents, if the minor is living with both parents;

      (b) The custodial parent, if the minor is living with only one parent; or

      (c) The minor’s legal guardian.

      3.  If a minor enters into an agreement under this chapter for a period of training extending into his or her majority, the agreement is likewise binding for the period covered during his or her majority.

      Sec. 13. NRS 610.180 is hereby amended to read as follows:

      610.180  1.  Upon the complaint of any interested person or upon its own initiative, the [State Apprenticeship] Council may investigate to determine if there has been a violation of the terms or conditions of an approved program or an agreement made under this chapter. The [State Apprenticeship] Council may hold necessary hearings, inquiries and other proceedings.

 


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proceedings. The parties to each agreement and the sponsors and interested participants in the program shall be given a fair and impartial hearing, after reasonable notice. A copy of the determination or decision of each hearing must be filed with the [Labor Commissioner, and if no appeal therefrom is filed with the Labor Commissioner within 10 days after the date thereof the determination or decision of the State Apprenticeship Council becomes the order of the Labor Commissioner.] State Apprenticeship Director.

      2.  [Any person aggrieved by any determination or action of the State Apprenticeship Council may appeal to the Labor Commissioner, whose decision, when supported by evidence, is conclusive if notice of appeal therefrom to the courts is not filed within 30 days after the date of the decision of the Labor Commissioner.

      3.]  A person shall not institute any action based upon:

      (a) An agreement;

      (b) Proposed or approved standards for apprenticeship; or

      (c) A program governed by this chapter,

Ê unless the person first exhausts all administrative remedies provided by this chapter.

      Sec. 14. NRS 612.265 is hereby amended to read as follows:

      612.265  1.  Except as otherwise provided in this section and NRS 239.0115 and 612.642, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

      2.  Any claimant or a legal representative of a claimant is entitled to information from the records of the Division, to the extent necessary for the proper presentation of the claimant’s claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the Division for any other purpose.

      3.  The Administrator may, in accordance with a cooperative agreement among all participants in the statewide longitudinal data system [developed] administered pursuant to [NRS 400.040,] section 20 of this act, make the information obtained by the Division available to:

      (a) The Board of Regents of the University of Nevada for the purpose of complying with the provisions of subsection 4 of NRS 396.531; and

      (b) The Director of the Department of Employment, Training and Rehabilitation for the purpose of complying with the provisions of paragraph (d) of subsection 1 of NRS 232.920.

      4.  Subject to such restrictions as the Administrator may by regulation prescribe, the information obtained by the Division may be made available to:

      (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of laws relating to unemployment compensation, public assistance, workers’ compensation or labor and industrial relations, or the maintenance of a system of public employment offices;

      (b) Any state or local agency for the enforcement of child support;

      (c) The Internal Revenue Service of the Department of the Treasury;

      (d) The Department of Taxation;

      (e) The State Contractors’ Board in the performance of its duties to enforce the provisions of chapter 624 of NRS; and

 


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      (f) The Secretary of State to operate the state business portal established pursuant to chapter 75A of NRS for the purposes of verifying that data submitted via the portal has satisfied the necessary requirements established by the Division, and as necessary to maintain the technical integrity and functionality of the state business portal established pursuant to chapter 75A of NRS.

Ê Information obtained in connection with the administration of the Division may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

      5.  Upon written request made by the State Controller or a public officer of a local government, the Administrator shall furnish from the records of the Division the name, address and place of employment of any person listed in the records of employment of the Division. The request may be made electronically and must set forth the social security number of the person about whom the request is made and contain a statement signed by the proper authority of the State Controller or local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation assigned to the State Controller for collection or owed to the local government, as applicable. Except as otherwise provided in NRS 239.0115, the information obtained by the State Controller or local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation assigned to the State Controller for collection or owed to that local government. The Administrator may charge a reasonable fee for the cost of providing the requested information.

      6.  The Administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this State. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this State, the Administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The Administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The Administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.

      7.  Upon request therefor, the Administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

      8.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State may submit a written request to the Administrator that the Administrator furnish, from the records of the Division, the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency.

 


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social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the Administrator shall furnish the information requested. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      9.  In addition to the provisions of subsection 6, the Administrator shall provide lists containing the names and addresses of employers, and information regarding the wages paid by each employer to the Department of Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A, 363B and 363C of NRS. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      10.  The Division of Industrial Relations of the Department of Business and Industry shall periodically submit to the Administrator, from information in the index of claims established pursuant to NRS 616B.018, a list containing the name of each person who received benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. Upon receipt of that information, the Administrator shall compare the information so provided with the records of the Employment Security Division regarding persons claiming benefits pursuant to this chapter for the same period. The information submitted by the Division of Industrial Relations must be in a form determined by the Administrator and must contain the social security number of each such person. If it appears from the information submitted that a person is simultaneously claiming benefits under this chapter and under chapters 616A to 616D, inclusive, or chapter 617 of NRS, the Administrator shall notify the Attorney General or any other appropriate law enforcement agency.

      11.  The Administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the Internal Revenue Code of 1954.

      12.  If any employee or member of the Board of Review, the Administrator or any employee of the Administrator, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter uses or permits the use of the list for any political purpose, he or she is guilty of a gross misdemeanor.

      13.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the Division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

      Secs. 15 and 16. (Deleted by amendment.)

      Sec. 17. Chapter 223 of NRS is hereby amended by adding thereto the provisions set forth as sections 18 to 21, inclusive, of this act.

      Sec. 18. 1.  The Office of Workforce Innovation is hereby created in the Office of the Governor.

 


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      2.  The Office of Workforce Innovation has responsibility and accountability for apprenticeship within this State.

      Sec. 19. 1.  The Governor shall appoint the Executive Director of the Office of Workforce Innovation.

      2.  The Executive Director is not in the classified or unclassified service of the State and serves at the pleasure of the Governor.

      Sec. 20. The Executive Director of the Office of Workforce Innovation shall:

      1.  Provide support to the Office of the Governor, the Governor’s Workforce Development Board created by NRS 232.935 and the industry sector councils established by the Governor’s Workforce Development Board on matters relating to workforce development.

      2.  Work in coordination with the Office of Economic Development to establish criteria and goals for workforce development and diversification in this State.

      3.  Collect and systematize and present in biennial reports to the Governor and the Legislature such statistical details relating to workforce development in the State as the Executive Director of the Office may deem essential to further the objectives of the Office of Workforce Innovation.

      4.  At the direction of the Governor:

      (a) Identify, recommend and implement policies related to workforce development.

      (b) Define career pathways and identify priority career pathways for secondary and postsecondary education.

      (c) Discontinue career pathways offered by the State which fail to meet minimum standards of quality, rigor and cross-education alignment, or that do not demonstrate a connection to priority industry needs.

      (d) In consultation with the Governor’s Workforce Development Board, identify industry-recognized credentials, workforce development programs and education.

      (e) Maintain and oversee the statewide longitudinal data system that links data relating to early childhood education programs and K-12 public education with data relating to postsecondary education and the workforce in this State.

      (f) Collect accurate educational data in the statewide longitudinal data system for the purpose of analyzing student performance through employment to assist in improving the educational system and workforce training program in this State.

      (g) Apply for and administer grants, including, without limitation, those that may be available from funding reserved for statewide workforce investment activities.

      (h) Review the status and structure of local workforce investment areas in the State, in coordination with the Governor and the Governor’s Workforce Development Board.

      (i) Report periodically to the Governor’s Workforce Development Board concerning the administration of the policies and programs of the Office of Workforce Innovation.

      (j) On or before March 31 of each year, submit to the Governor a complete report of the activities, discussions, findings and recommendations of the Office of Workforce Innovation.

      (k) Oversee the State Apprenticeship Council and the State Apprenticeship Director pursuant to NRS 610.110 to 610.185, inclusive, and perform such other functions as may be necessary for the fulfillment of the intent and purposes of chapter 610 of NRS.

 


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and perform such other functions as may be necessary for the fulfillment of the intent and purposes of chapter 610 of NRS.

      (l) Suggest improvements regarding the allocation of federal and state money to align workforce training and related education programs in the State, including, but not limited to, career and technical education.

      Sec. 21. The following public agencies shall submit educational and workforce data for inclusion in the statewide longitudinal data system maintained pursuant to paragraph (e) of subsection 4 of section 20 of this act:

      1.  The Department of Employment, Training and Rehabilitation.

      2.  The Department of Education.

      3.  The Nevada System of Higher Education.

      4.  The Department of Motor Vehicles.

      5.  Any other public agency which is directed by the Governor to submit such data.

      Sec. 21.5. NRS 223.085 is hereby amended to read as follows:

      223.085  1.  The Governor may, within the limits of available money, employ such persons as he or she deems necessary to provide an appropriate staff for the Office of the Governor, including, without limitation, the Office of Economic Development, the Office of Science, Innovation and Technology, the Office of the Western Regional Education Compact , the Office of Workforce Innovation and the Governor’s mansion. Except as otherwise provided by specific statute, such employees are not in the classified or unclassified service of the State and, except as otherwise provided in NRS 231.043 and 231.047, serve at the pleasure of the Governor.

      2.  Except as otherwise provided by specific statute, the Governor shall:

      (a) Determine the salaries and benefits of the persons employed pursuant to subsection 1, within limits of money available for that purpose; and

      (b) Adopt such rules and policies as he or she deems appropriate to establish the duties and employment rights of the persons employed pursuant to subsection 1.

      3.  The Governor may:

      (a) Appoint a Chief Information Officer of the State; or

      (b) Designate the Administrator as the Chief Information Officer of the State.

Ê If the Administrator is so appointed, the Administrator shall serve as the Chief Information Officer of the State without additional compensation.

      4.  As used in this section, “Administrator” means the Administrator of the Division of Enterprise Information Technology Services of the Department of Administration.

      Sec. 22. (Deleted by amendment.)

      Sec. 23. NRS 400.040 is hereby amended to read as follows:

      400.040  1.  The Council shall address:

      (a) Methods to increase the number of students who enroll in programs at the System to become teachers, including, without limitation, financial aid programs for students enrolled in those programs.

      (b) Methods to ensure the successful transition of children from early childhood education programs to elementary school, including, without limitation, methods to increase parental involvement.

      (c) Methods to ensure the successful transition of pupils from:

             (1) Elementary school to middle school;

             (2) Middle school to high school; and

 


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             (3) High school to postsecondary education or the workforce, or both,

Ê including, without limitation, methods to increase parental involvement.

      (d) Methods to ensure that the course work, standards and assessments required of pupils in secondary schools is aligned with the workload expected of students at the postsecondary level.

      (e) Methods to ensure collaboration among the business community, members of the academic community and political leaders to set forth a process for developing strategies for the growth and diversification of the economy of this State.

      (f) Policies relating to workforce development, employment needs of private employers and workforce shortages in occupations critical to the education, health and safety of the residents of this State.

      (g) [The development and oversight of a statewide longitudinal data system that links data relating to early childhood education programs and K-12 public education with data relating to postsecondary education and the workforce in this State.

      (h) A plan for collaborative research using data from the statewide longitudinal data system developed pursuant to paragraph (g), including, without limitation, research that assesses:

             (1) The efficiency and effectiveness of the use of state resources to improve the readiness of pupils in this State for postsecondary education and the workforce;

             (2) The effectiveness of the preparation of teachers and administrators in this State; and

             (3) The return on investment of educational and workforce development programs paid for by this State.

      (i)] Other matters within the scope of the Council as determined necessary or appropriate by the Council.

      2.  The Council may:

      (a) Establish committees to assist the Council in carrying out its duties.

      (b) Apply for any available grants and may accept any gifts, grants and donations from any source to assist the Council in carrying out its duties.

      Secs. 24-26. (Deleted by amendment.)

      Sec. 27.  1.  The terms of the members of the State Apprenticeship Council created by NRS 610.030 who are incumbent on June 30, 2017, expire on that date.

      2.  On or before July 1, 2017, the Governor shall appoint the voting members of the State Apprenticeship Council created by NRS 610.030, as amended by section 3 of this act, to terms commencing on July 1, 2017, as follows:

      (a) Three members to terms that expire on July 1, 2018;

      (b) Three members to terms that expire on July 1, 2019; and

      (c) Three members to terms that expire on July 1, 2020.

      3.  On or before July 1, 2017, the Chancellor of the Nevada System of Higher Education shall appoint the nonvoting members of the State Apprenticeship Council created by NRS 610.030, as amended by section 3 of this act, described in paragraphs (c) and (d) of subsection 2 of NRS 610.030, as amended by section 3 of this act.

      4.  The limitation on the number of terms a voting member may serve on the State Apprenticeship Council set forth in NRS 610.040, as amended by section 4 of this act, applies only to a term of office which commences on or after July 1, 2017.

 


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      Sec. 28.  1.  Any administrative regulations adopted by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of the regulations has been transferred.

      2.  Any contracts or other agreements entered into by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity are binding upon the officer, agency or other entity to which the responsibility for the administration of the provisions of the contract or other agreement have been transferred. Such contracts and other agreements may be enforced by the officer, agency or other entity to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

      3.  Any action taken by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or entity remains in effect as if taken by the officer, agency or other entity to which the responsibility for the enforcement of such actions has been transferred.

      Sec. 29.  The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      Sec. 30.  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. 31. NRS 610.060 is hereby repealed.

      Sec. 32.  This act becomes effective on July 1, 2017.

________

CHAPTER 596, SB 66

Senate Bill No. 66–Committee on Education

 

CHAPTER 596

 

[Approved: June 15, 2017]

 

AN ACT relating to education; removing the limitation on the amount of credit a pupil may earn for successful completion of certain work programs; authorizing the board of trustees of a school district, the governing body of a charter school or a nonprofit organization to apply for a grant of money from the Department of Education to develop and implement certain work-based learning programs; requiring the board of trustees of a school district and the governing body of a charter school that offers a work-based learning program to biennially prepare and submit a report concerning the manner in which the program has been carried out; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Existing law allows certain high school pupils to receive one elective credit toward the academic credit requirements for graduation from high school by completing a public or private internship. (NRS 389.167) Section 2 of this bill replaces the term “public or private internship” with the term “work-based learning programs” and authorizes a school district or charter school to offer a work-based learning program upon application to and approval of the State Board of Education. Section 2 prescribes the requirements for work-based learning programs and the requirements for pupils to participate in a work-based learning program. Section 2 also: (1) removes the limitation that applied on the amount of credit a pupil could obtain for completing an internship so that a pupil may earn one or more credits for completing a work-based learning program; and (2) requires the board of trustees of a school district and the governing body of a charter school that offers a work-based learning program to prepare a report concerning the manner in which the work-based learning program has been carried out and submit the report to the State Board and the Legislature once each biennium. Section 1 of this bill authorizes the board of trustees of a school district, the governing body of a charter school or a nonprofit organization to apply for a grant of money from the Department of Education to develop and implement work-based learning programs in the fields, trades or occupations prescribed by the State Board of Education, in consultation with the Office of Economic Development.

 

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

      1.  The board of trustees of a school district, the governing body of a charter school or a nonprofit organization, in cooperation with such a board of trustees or governing body, may apply for a grant of money from the Department to develop and implement work-based learning programs pursuant to NRS 389.167 in the fields, trades or occupations prescribed by the State Board pursuant to subsection 3.

      2.  The Department shall develop a process for evaluating an application submitted pursuant to subsection 1 and, within the limits of money available for such use, distribute money for the development and implementation of work-based learning programs pursuant to NRS 389.167. Grants must be used for the development and implementation of such work-based learning programs.

      3.  The State Board shall, in consultation with the Office of Economic Development created by NRS 231.043, prescribe the fields, trades or occupations for which a grant of money may be awarded for the development and implementation of work-based learning programs.

      Sec. 2. NRS 389.167 is hereby amended to read as follows:

      389.167  1.  A pupil enrolled [