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CHAPTER 599, SB 229

Senate Bill No. 229–Senator Harris

 

CHAPTER 599

 

[Approved: June 15, 2017]

 

AN ACT relating to guardians; establishing a form by which a person may request to nominate another person to serve as his or her guardian; revising provisions governing registered agents to authorize a person to serve as a registered agent for a nonresident guardian; revising provisions relating to the Nevada Lockbox; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law generally provides that in a proceeding to appoint a guardian for an adult, a court is required to give preference to a nominated person or relative, in that order of preference. Existing law defines a “nominated person” as a person whom an adult: (1) nominates for the appointment as guardian for the adult in a will, trust or other written instrument that is part of the adult’s established estate plan and was executed by the adult while he or she was competent; or (2) requests for the appointment as guardian of the adult in a written instrument that is not part of the adult’s established estate plan and was executed by the adult while he or she was competent. (NRS 159.0613) Section 2 of this bill provides that any person who wishes to request to nominate another person to be appointed as his or her guardian may do so by completing a form requesting to nominate a guardian, which must be signed by the person and two impartial adult witnesses and notarized. Section 2 sets forth a model form for such a request and requires the Secretary of State to make the form available on the Internet website of the Secretary of State.

      Existing law establishes provisions relating to the Nevada Lockbox, which is a registry authorized to be established and maintained on the Secretary of State’s Internet website in which a person may register a will or other document. (NRS 225.300-225.440) Section 11 of this bill revises the definition of the term “other document” to include a form requesting to nominate a guardian that is executed in accordance with section 2. Section 12 of this bill authorizes the Secretary of State to provide access to the lockbox of a registrant if such access is requested by a court, hospital, law enforcement agency or other entity that needs to determine whether a person has designated a guardian. Section 12 also requires the Secretary of State to ensure that any such person, other than a court, who accesses the lockbox does not have access to any document contained in the lockbox other than a form requesting to nominate a guardian. Section 3 of this bill provides that if a guardian applies to a court to be designated as the guardian of a person, the court must determine whether a guardian has already been designated for the person by accessing the lockbox. Section 3 also provides that if the court determines that two or more different designations exist and each designation is valid, the most recent designation shall be deemed to be the controlling designation. Section 3 further provides that if a guardian has already been designated, the application for guardianship cannot proceed unless the court revokes the designation.

      Existing law authorizes the Secretary of State to charge fees and accept contributions to establish and maintain the Nevada Lockbox. (NRS 225.410) Section 12.5 of this bill authorizes a person who makes such a contribution to designate a specific purpose for which the contribution must be used.

      Existing law provides that if a court appoints a nonresident guardian for an adult, the court is required to order the guardian to designate a registered agent in this State in the same manner as a represented entity pursuant to chapter 77 of NRS. (NRS 159.0613) Section 4 of this bill additionally requires the court to: (1) order the guardian to provide notice of the designation of a registered agent to the court; and (2) after such notice is provided, monitor the information of the registered agent using the records of the Secretary of State.

 


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(2) after such notice is provided, monitor the information of the registered agent using the records of the Secretary of State. Sections 5-9 of this bill revise provisions of existing law governing registered agents to include the ability of a person to serve as a registered agent for a nonresident guardian.

 

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

      Sec. 2. 1.  Any person who wishes to request to nominate another person to be appointed as his or her guardian may do so by completing a form requesting to nominate a guardian in accordance with this section.

      2.  A form requesting to nominate a guardian must be:

      (a) Signed by the person requesting to nominate a guardian;

      (b) Signed by two impartial adult witnesses who have no interest, financial or otherwise, in the estate of the person requesting to nominate a guardian and who attest that the person has the mental capacity to understand and execute the form; and

      (c) Notarized.

      3.  A request to nominate a guardian may be in substantially the following form, and must be witnessed and executed in the same manner as the following form:

 

REQUEST TO NOMINATE GUARDIAN

 

       I,.................... (insert your name), residing at.................... (insert your address), am executing this notarized document as my written declaration and request for the person(s) designated below to be appointed as my guardian should it become necessary. I am advising the court and all persons and entities as follows:

       1.  As of the date I am executing this request to nominate a guardian, I have the mental capacity to understand and execute this request.

       2.  This request pertains to a (circle one): (guardian of the person)/(guardian of the estate)/(guardian of the person and estate).

       3.  Should the need arise, I request that the court give my preference to the person(s) designated below to serve as my appointed guardian.

       4.  I request that my.................... (insert relation),.................... (insert name), serve as my appointed guardian.

       5.  If.................... (insert name) is unable or unwilling to serve as my appointed guardian, then I request that my.................... (insert relation),.................... (insert name), serve as my appointed guardian.

       6.  I do not, under any circumstances, desire to have any private, for-profit guardian serve as my appointed guardian.

 

(YOU MUST DATE AND SIGN THIS DOCUMENT)

 

       I sign my name to this document on................. (date)

                                                                        

 


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                           (Signature)

(YOU MUST HAVE TWO QUALIFIED ADULT WITNESSES DATE AND SIGN THIS DOCUMENT)

 

       I declare under penalty of perjury that the principal is personally known to me, that the principal signed this request to nominate a guardian in my presence, that the principal appears to be of sound mind, has the mental capacity to understand and execute this document and is under no duress, fraud or undue influence, and that I have no interest, financial or otherwise, in the estate of the principal.

                                                                  

         (Signature of first witness)

                                                                  

                      (Print name)

                                                                  

                            (Date)

 

                                                                  

       (Signature of second witness)

                                                                  

                      (Print name)

                                                                  

                            (Date)

 

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

 

State of Nevada                     }

                                                  }

County of .............................. }

       On this.......... day of..............., in the year......., before me,.................... (insert name of notary public), personally appeared.................... (insert name of principal),.................... (insert name of first witness) and.................... (insert name of second witness), personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument, and acknowledged that they have signed this instrument. I declare under penalty of perjury that the persons whose names are subscribed to this instrument appear to be of sound mind and under no duress, fraud or undue influence.

 

                                                                  

      (Signature of notarial officer)

                      (Seal, if any)

 

      4.  The Secretary of State shall make the form established in subsection 3 available on the Internet website of the Secretary of State.

      5.  The Secretary of State may adopt any regulations necessary to carry out the provisions of this section.

      Sec. 3. 1.  If a guardian applies to a court to be designated as the guardian of a person, the court must determine whether a guardian has already been designated for the person by accessing the Nevada Lockbox established by the Secretary of State pursuant to NRS 225.360 in accordance with the provisions of NRS 225.380.

 


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already been designated for the person by accessing the Nevada Lockbox established by the Secretary of State pursuant to NRS 225.360 in accordance with the provisions of NRS 225.380.

      2.  When determining whether a guardian has already been designated for the person, if the court determines that two or more different designations exist and each designation is valid, the most recent designation shall be deemed to be the controlling designation.

      3.  If the court determines that a guardian has already been designated for the person, the application for guardianship cannot proceed unless the court revokes the designation.

      Sec. 4. NRS 159.0613 is hereby amended to read as follows:

      159.0613  1.  Except as otherwise provided in subsection 3, in a proceeding to appoint a guardian for an adult, the court shall give preference to a nominated person or relative, in that order of preference:

      (a) Whether or not the nominated person or relative is a resident of this State; and

      (b) If the court determines that the nominated person or relative is qualified and suitable to be appointed as guardian for the adult.

      2.  In determining whether any nominated person, relative or other person listed in subsection 4 is qualified and suitable to be appointed as guardian for an adult, the court shall consider, if applicable and without limitation:

      (a) The ability of the nominated person, relative or other person to provide for the basic needs of the adult, including, without limitation, food, shelter, clothing and medical care;

      (b) Whether the nominated person, relative or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of marijuana in accordance with the provisions of chapter 453A of NRS;

      (c) Whether the nominated person, relative or other person has been judicially determined to have committed abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult, unless the court finds that it is in the best interests of the ward to appoint the person as guardian for the adult;

      (d) Whether the nominated person, relative or other person is incompetent or has a disability; and

      (e) Whether the nominated person, relative or other person has been convicted in this State or any other jurisdiction of a felony, unless the court determines that any such conviction should not disqualify the person from serving as guardian for the adult.

      3.  If the court finds that two or more nominated persons are qualified and suitable to be appointed as guardian for an adult, the court may appoint two or more nominated persons as co-guardians or shall give preference among them in the following order of preference:

      (a) A person whom the adult nominated for the appointment as guardian for the adult in a will, trust or other written instrument that is part of the adult’s established estate plan and was executed by the adult while competent.

      (b) A person whom the adult requested for the appointment as guardian for the adult in a [written instrument that is not part of the adult’s established estate plan and was executed by the adult while competent.] request to nominate a guardian that is executed in accordance with section 2 of this act.

 


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nominate a guardian that is executed in accordance with section 2 of this act.

      4.  Subject to the preferences set forth in subsections 1 and 3, the court shall appoint as guardian the qualified person who is most suitable and is willing to serve. In determining which qualified person is most suitable, the court shall, in addition to considering any applicable factors set forth in subsection 2, give consideration, among other factors, to:

      (a) Any nomination or request for the appointment as guardian by the adult.

      (b) Any nomination or request for the appointment as guardian by a relative.

      (c) The relationship by blood, adoption, marriage or domestic partnership of the proposed guardian to the adult. In considering preferences of appointment, the court may consider relatives of the half blood equally with those of the whole blood. The court may consider any relative in the following order of preference:

             (1) A spouse or domestic partner.

             (2) A child.

             (3) A parent.

             (4) Any relative with whom the adult has resided for more than 6 months before the filing of the petition or any relative who has a power of attorney executed by the adult while competent.

             (5) Any relative currently acting as agent.

             (6) A sibling.

             (7) A grandparent or grandchild.

             (8) An uncle, aunt, niece, nephew or cousin.

             (9) Any other person recognized to be in a familial relationship with the adult.

      (d) Any recommendation made by a master of the court or special master pursuant to NRS 159.0615.

      (e) Any request for the appointment of any other interested person that the court deems appropriate, including, without limitation, a person who is not a relative and who has a power of attorney executed by the adult while competent.

      5.  The court may appoint as guardian any nominated person, relative or other person listed in subsection 4 who is not a resident of this State. The court shall not give preference to a resident of this State over a nonresident if the court determines that:

      (a) The nonresident is more qualified and suitable to serve as guardian; and

      (b) The distance from the proposed guardian’s place of residence and the adult’s place of residence will not affect the quality of the guardianship or the ability of the proposed guardian to make decisions and respond quickly to the needs of the adult because:

             (1) A person or care provider in this State is providing continuing care and supervision for the adult;

             (2) The adult is in a secured residential long-term care facility in this State; or

             (3) Within 30 days after the appointment of the proposed guardian, the proposed guardian will move to this State or the adult will move to the proposed guardian’s state of residence.

      6.  If the court appoints a nonresident as guardian for the adult:

 


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      (a) The jurisdictional requirements of NRS 159.1991 to 159.2029, inclusive, must be met . [;]

      (b) The court shall order the guardian to designate a registered agent in this State in the same manner as a represented entity pursuant to chapter 77 of NRS [;] and provide notice of the designation of a registered agent to the court. After the court is provided with such notice, the court shall monitor the information of the registered agent using the records of the Secretary of State.

      (c) The court may require the guardian to complete any available training concerning guardianships pursuant to NRS 159.0592, in this State or in the state of residence of the guardian, regarding:

             (1) The legal duties and responsibilities of the guardian pursuant to this chapter;

             (2) The preparation of records and the filing of annual reports regarding the finances and well-being of the adult required pursuant to NRS 159.073;

             (3) The rights of the adult;

             (4) The availability of local resources to aid the adult; and

             (5) Any other matter the court deems necessary or prudent.

      7.  If the court finds that there is not any suitable nominated person, relative or other person listed in subsection 4 to appoint as guardian, the court may appoint as guardian:

      (a) The public guardian of the county where the adult resides if:

             (1) There is a public guardian in the county where the adult resides; and

             (2) The adult qualifies for a public guardian pursuant to chapter 253 of NRS;

      (b) A private fiduciary who may obtain a bond in this State and who is a resident of this State, if the court finds that the interests of the adult will be served appropriately by the appointment of a private fiduciary; or

      (c) A private professional guardian who meets the requirements of NRS 159.0595.

      8.  A person is not qualified to be appointed as guardian for an adult if the person has been suspended for misconduct or disbarred from any of the professions listed in this subsection, but the disqualification applies only during the period of the suspension or disbarment. This subsection applies to:

      (a) The practice of law;

      (b) The practice of accounting; or

      (c) Any other profession that:

             (1) Involves or may involve the management or sale of money, investments, securities or real property; and

             (2) Requires licensure in this State or any other state in which the person practices his or her profession.

      9.  As used in this section:

      (a) “Adult” means a person who is a ward or a proposed ward and who is not a minor.

      (b) “Domestic partner” means a person in a domestic partnership.

      (c) “Domestic partnership” means:

             (1) A domestic partnership as defined in NRS 122A.040; or

             (2) A domestic partnership which was validly formed in another jurisdiction and which is substantially equivalent to a domestic partnership as defined in NRS 122A.040, regardless of whether it bears the name of a domestic partnership or is registered in this State.

 


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defined in NRS 122A.040, regardless of whether it bears the name of a domestic partnership or is registered in this State.

      (d) “Nominated person” means a person, whether or not a relative, whom an adult:

             (1) Nominates for the appointment as guardian for the adult in a will, trust or other written instrument that is part of the adult’s established estate plan and was executed by the adult while competent.

             (2) Requests for the appointment as guardian for the adult in a [written instrument that is not part of the adult’s established estate plan and was executed by the adult while competent.] request to nominate a guardian that is executed in accordance with section 2 of this act.

      (e) “Relative” means a person who is 18 years of age or older and who is related to the adult by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.

      Sec. 5. Chapter 77 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Nonresident guardian” means a person who is not a resident of this State and who is appointed as guardian for an adult pursuant to NRS 159.0613. As used in this section, “guardian” has the meaning ascribed to it in NRS 159.017.

      Sec. 6. NRS 77.020 is hereby amended to read as follows:

      77.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 77.030 to 77.270, inclusive, and section 5 of this act have the meanings ascribed to them in those sections.

      Sec. 7. NRS 77.030 is hereby amended to read as follows:

      77.030  “Appointment of agent” means a statement appointing an agent for service of process filed by a [domestic] :

      1.  Domestic entity that is not a filing entity or a nonqualified foreign entity under NRS 77.380 [.] ; or

      2.  Nonresident guardian.

      Sec. 8. NRS 77.060 is hereby amended to read as follows:

      77.060  “Entity” means a person that has a separate legal existence or has the power to acquire an interest in real property in its own name . [other than:] The term does not include:

      1.  [An] Any individual [;] other than a nonresident guardian;

      2.  A testamentary, inter vivos or charitable trust, with the exception of a business trust, statutory trust or similar trust;

      3.  An association or relationship that is not a partnership by reason of NRS 87.070, subsection 3 of NRS 87.4322 or similar provisions of the law of any other jurisdiction;

      4.  A decedent’s estate; or

      5.  A public corporation, government or governmental subdivision, agency or instrumentality or a quasi-governmental instrumentality.

      Sec. 9. NRS 77.250 is hereby amended to read as follows:

      77.250  “Represented entity” means:

      1.  A domestic filing entity;

      2.  A domestic or qualified foreign limited-liability partnership that does not have an office in this State;

      3.  A qualified foreign entity;

      4.  A domestic or foreign unincorporated nonprofit association for which an appointment of agent has been filed;

 


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      5.  A domestic entity that is not a filing entity for which an appointment of agent has been filed; [or]

      6.  A nonqualified foreign entity for which an appointment of agent has been filed [.] ; or

      7.  A nonresident guardian.

      Sec. 10. (Deleted by amendment.)

      Sec. 11. NRS 225.330 is hereby amended to read as follows:

      225.330  “Other document” means a document registered with the Secretary of State pursuant to NRS 225.370 and may include, without limitation, a passport, a birth certificate , [or] a marriage license [.] or a form requesting to nominate a guardian that is executed in accordance with section 2 of this act.

      Sec. 11.5. NRS 225.370 is hereby amended to read as follows:

      225.370  If the Nevada Lockbox is established pursuant to NRS 225.360:

      1.  A person who wishes to establish a lockbox and thereby register a will or other document in the Nevada Lockbox must submit to the Secretary of State:

      (a) An application in the form prescribed by the Secretary of State;

      (b) A copy of the will or other document to be registered; and

      (c) The fee, if any, established by the Secretary of State pursuant to subsection 1 of NRS 225.410.

      2.  If the person satisfies the requirements of subsection 1, the Secretary of State shall:

      (a) Make an electronic reproduction of the will or other document and post it within the registrant’s lockbox;

      (b) Assign to the registrant a registration number and access code for the lockbox; and

      (c) Provide to the registrant a registration card that includes, without limitation:

             (1) The name of the registrant;

             (2) The registration number assigned to the registrant pursuant to paragraph (b); and

             (3) The access code assigned to the registrant pursuant to paragraph (b).

      3.  The Secretary of State shall establish procedures for, without limitation:

      (a) The registration of a will or other document which replaces a will or other document that has been registered previously and posted within the Nevada Lockbox;

      (b) The removal from the Nevada Lockbox of a will or other document that has been revoked at the request of the registrant; and

      (c) The issuance of a duplicate registration card or the provision of other access by a registrant to his or her registration number and access code if a registration card issued pursuant to this section is lost, stolen, mutilated, destroyed or otherwise unavailable.

      Sec. 12. NRS 225.380 is hereby amended to read as follows:

      225.380  If the Nevada Lockbox is established pursuant to NRS 225.360:

      1.  Except as otherwise provided in this section, the Secretary of State shall not provide access to the lockbox of a registrant unless:

      (a) The person requesting access provides the registration number and access code of the registrant;

 


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      (b) The Secretary of State determines that providing access to the lockbox is in the best interest of the registrant;

      (c) Access to the lockbox is required pursuant to the lawful order of a court of competent jurisdiction; [or]

      (d) Access to the lockbox is requested by the registrant or his or her personal representative [.] ; or

      (e) Access to the lockbox is requested by a court, hospital, law enforcement agency or other entity that needs to determine whether a person has designated a guardian. Except as otherwise provided in subsection 2, the Secretary of State shall ensure that a person who needs access to the lockbox pursuant to this paragraph does not have access to any document contained in the lockbox other than a form requesting to nominate a guardian that is executed in accordance with section 2 of this act.

      2.  A court that requests access to the lockbox pursuant to paragraph (e) of subsection 1 may access any other document contained in the lockbox as is necessary to determine whether a person has made more than one designation of a guardian.

      3.  A registrant or his or her personal representative may access the lockbox of the registrant for any purpose.

      Sec. 12.5. NRS 225.410 is hereby amended to read as follows:

      225.410  1.  If the Nevada Lockbox is established pursuant to NRS 225.360, the Secretary of State may charge and collect fees for the registration of a will or other document pursuant to NRS 225.370.

      2.  The Secretary of State may accept gifts, grants, bequests and other contributions from any source for the purpose of carrying out the provisions of NRS 225.300 to 225.440, inclusive. A person who gives a gift, grant, bequest or other contribution may designate a specific purpose for the gift, grant, bequest or other contribution to carry out the provisions of NRS 225.300 to 225.440, inclusive.

      Sec. 13.  This act becomes effective:

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

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

________

EMERGENCY REQUEST of Senate Majority Leader

 

CHAPTER 600, SB 555

Senate Bill No. 555–Senators Ford and Roberson

 

Joint Sponsors: Assemblymen Frierson and Paul Anderson

 

CHAPTER 600

 

[Approved: June 15, 2017]

 

AN ACT relating to taxation; authorizing the Department of Taxation to approve an additional amount of credits against the modified business tax for taxpayers who donate money to a scholarship organization; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Under existing law, financial institutions and other employers are required to pay an excise tax (the modified business tax) on wages paid by them. (NRS 363A.130, 363B.110) Existing law establishes a credit against the modified business tax equal to an amount which is approved by the Department of Taxation and which must not exceed the amount of any donation of money made by a taxpayer to a scholarship organization that provides grants on behalf of pupils who are members of a household with a household income which is not more than 300 percent of the federally designated level signifying poverty to attend schools in this State, including private schools, chosen by the parents or legal guardians of those pupils. (NRS 363A.130, 363B.110) Under existing law, the Department: (1) must approve or deny applications for the tax credit in the order in which the applications are received by the Department; and (2) is authorized to approve applications for each fiscal year until the amount of the tax credits approved for the fiscal year is the amount authorized by statute for that fiscal year. For Fiscal Year 2016-2017, the amount authorized is $5,500,000. The amount authorized for each succeeding fiscal year is equal to 110 percent of the amount authorized for the immediately preceding fiscal year. Thus, for Fiscal Year 2017-2018, the amount of credits authorized is $6,050,000. (NRS 363A.139, 363B.119)

      This bill authorizes the Department of Taxation to approve, in addition to the amount of credits authorized for Fiscal Year 2017-2018 under existing law, an amount of tax credits equal to $20,000,000. If the amount of the additional tax credits authorized under this bill and approved by the Department in Fiscal Year 2017-2018 is less than $20,000,000, the remaining amount of tax credits must be carried forward and made available for approval in subsequent fiscal years. Finally, under this bill, the $20,000,000 of additional tax credits authorized by this bill is not subject to the annual increases under existing law in the amount of the tax credits.

 

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 363A.139 is hereby amended to read as follows:

      363A.139  1.  Any taxpayer who is required to pay a tax pursuant to NRS 363A.130 may receive a credit against the tax otherwise due for any donation of money made by the taxpayer to a scholarship organization in the manner provided by this section.

      2.  To receive the credit authorized by subsection 1, a taxpayer who intends to make a donation of money to a scholarship organization must, before making such a donation, notify the scholarship organization of the taxpayer’s intent to make the donation and to seek the credit authorized by subsection 1. A scholarship organization shall, before accepting any such donation, apply to the Department of Taxation for approval of the credit authorized by subsection 1 for the donation. The Department of Taxation shall, within 20 days after receiving the application, approve or deny the application and provide to the scholarship organization notice of the decision and, if the application is approved, the amount of the credit authorized. Upon receipt of notice that the application has been approved, the scholarship organization shall provide notice of the approval to the taxpayer who must, not later than 30 days after receiving the notice, make the donation of money to the scholarship organization. If the taxpayer does not make the donation of money to the scholarship organization within 30 days after receiving the notice, the scholarship organization shall provide notice of the failure to the Department of Taxation and the taxpayer forfeits any claim to the credit authorized by subsection 1.

 


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      3.  The Department of Taxation shall approve or deny applications for the credit authorized by subsection 1 in the order in which the applications are received. [The]

      4.  Except as otherwise provided in subsection 5, the Department of Taxation may, for each fiscal year, approve applications for the credit authorized by subsection 1 until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection is:

      (a) For Fiscal Year 2015-2016, $5,000,000;

      (b) For Fiscal Year 2016-2017, $5,500,000; and

      (c) For each succeeding fiscal year, an amount equal to 110 percent of the amount authorized for the immediately preceding fiscal year.

Ê The amount of any credit which is forfeited pursuant to subsection 2 must not be considered in calculating the amount of credits authorized for any fiscal year.

      [4.]5. In addition to the amount of credits authorized by subsection 4 for Fiscal Year 2017-2018, the Department of Taxation may approve applications for the credit authorized by subsection 1 for that fiscal year until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection and subsection 5 of NRS 363B.119 is $20,000,000. The provisions of paragraph (c) of subsection 4 do not apply to the amount of credits authorized by this subsection and the amount of credits authorized by this subsection must not be considered when determining the amount of credits authorized for a fiscal year pursuant to that paragraph. If, in Fiscal Year 2017-2018, the amount of credits authorized by subsection 1 and approved pursuant to this subsection is less than $20,000,000, the remaining amount of credits pursuant to this subsection must be carried forward and made available for approval during subsequent fiscal years until the total amount of credits authorized by subsection 1 and approved pursuant to this subsection is equal to $20,000,000. The amount of any credit which is forfeited pursuant to subsection 2 must not be considered in calculating the amount of credits authorized pursuant to this subsection.

      6.  If a taxpayer applies to and is approved by the Department of Taxation for the credit authorized by subsection 1, the amount of the credit provided by this section is equal to the amount approved by the Department of Taxation pursuant to subsection 2, which must not exceed the amount of the donation made by the taxpayer to a scholarship organization. The total amount of the credit applied against the taxes described in subsection 1 and otherwise due from a taxpayer must not exceed the amount of the donation.

      [5.]7.  If the amount of the tax described in subsection 1 and otherwise due from a taxpayer is less than the credit to which the taxpayer is entitled pursuant to this section, the taxpayer may, after applying the credit to the extent of the tax otherwise due, carry the balance of the credit forward for not more than 5 years after the end of the calendar year in which the donation is made or until the balance of the credit is applied, whichever is earlier.

      [6.]8.  As used in this section, “scholarship organization” has the meaning ascribed to it in NRS 388D.260.

      Sec. 2. NRS 363B.119 is hereby amended to read as follows:

      363B.119  1.  Any taxpayer who is required to pay a tax pursuant to NRS 363B.110 may receive a credit against the tax otherwise due for any donation of money made by the taxpayer to a scholarship organization in the manner provided by this section.

 


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ê2017 Statutes of Nevada, Page 4368 (Chapter 600, SB 555)ê

 

      2.  To receive the credit authorized by subsection 1, a taxpayer who intends to make a donation of money to a scholarship organization must, before making such a donation, notify the scholarship organization of the taxpayer’s intent to make the donation and to seek the credit authorized by subsection 1. A scholarship organization shall, before accepting any such donation, apply to the Department of Taxation for approval of the credit authorized by subsection 1 for the donation. The Department of Taxation shall, within 20 days after receiving the application, approve or deny the application and provide to the scholarship organization notice of the decision and, if the application is approved, the amount of the credit authorized. Upon receipt of notice that the application has been approved, the scholarship organization shall provide notice of the approval to the taxpayer who must, not later than 30 days after receiving the notice, make the donation of money to the scholarship organization. If the taxpayer does not make the donation of money to the scholarship organization within 30 days after receiving the notice, the scholarship organization shall provide notice of the failure to the Department of Taxation and the taxpayer forfeits any claim to the credit authorized by subsection 1.

      3.  The Department of Taxation shall approve or deny applications for the credit authorized by subsection 1 in the order in which the applications are received. [The]

      4.  Except as otherwise provided in subsection 5, the Department of Taxation may, for each fiscal year, approve applications for the credit authorized by subsection 1 until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection is:

      (a) For Fiscal Year 2015-2016, $5,000,000;

      (b) For Fiscal Year 2016-2017, $5,500,000; and

      (c) For each succeeding fiscal year, an amount equal to 110 percent of the amount authorized for the immediately preceding fiscal year.

Ê The amount of any credit which is forfeited pursuant to subsection 2 must not be considered in calculating the amount of credits authorized for any fiscal year.

      [4.]5.  In addition to the amount of credits authorized by subsection 4 for Fiscal Year 2017-2018, the Department of Taxation may approve applications for the credit authorized by subsection 1 for that fiscal year until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection and subsection 5 of NRS 363A.139 is $20,000,000. The provisions of paragraph (c) of subsection 4 do not apply to the amount of credits authorized by this subsection and the amount of credits authorized by this subsection must not be considered when determining the amount of credits authorized for a fiscal year pursuant to that paragraph. If, in Fiscal Year 2017-2018, the amount of credits authorized by subsection 1 and approved pursuant to this subsection is less than $20,000,000, the remaining amount of credits pursuant to this subsection must be carried forward and made available for approval during subsequent fiscal years until the total amount of credits authorized by subsection 1 and approved pursuant to this subsection is equal to $20,000,000. The amount of any credit which is forfeited pursuant to subsection 2 must not be considered in calculating the amount of credits authorized pursuant to this subsection.

 


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ê2017 Statutes of Nevada, Page 4369 (Chapter 600, SB 555)ê

 

      6.  If a taxpayer applies to and is approved by the Department of Taxation for the credit authorized by subsection 1, the amount of the credit provided by this section is equal to the amount approved by the Department of Taxation pursuant to subsection 2, which must not exceed the amount of the donation made by the taxpayer to a scholarship organization. The total amount of the credit applied against the taxes described in subsection 1 and otherwise due from a taxpayer must not exceed the amount of the donation.

      [5.]7.  If the amount of the tax described in subsection 1 and otherwise due from a taxpayer is less than the credit to which the taxpayer is entitled pursuant to this section, the taxpayer may, after applying the credit to the extent of the tax otherwise due, carry the balance of the credit forward for not more than 5 years after the end of the calendar year in which the donation is made or until the balance of the credit is applied, whichever is earlier.

      [6.]8.  As used in this section, “scholarship organization” has the meaning ascribed to it in NRS 388D.260.

      Sec. 3.  Notwithstanding the provisions of NRS 218D.430, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after June 4, 2017.

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

________

CHAPTER 601, SB 553

Senate Bill No. 553–Committee on Finance

 

CHAPTER 601

 

[Approved: June 15, 2017]

 

AN ACT relating to projects of capital improvement; authorizing and providing funding for the advance planning of the College of Engineering, Academic and Research Building and to complete planning and begin construction of a new building for the Medical School at the University of Nevada, Las Vegas; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the State Public Works Division of the Department of Administration the sum of $1,750,000 to support the Division in carrying out the project numbered or otherwise described as Project 17-P09, Advance Planning UNLV College of Engineering, Academic and Research Building.

      2.  Any remaining balance of the appropriations made by subsection 1 must not be committed for expenditure after June 30, 2021, 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 17, 2021, 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 17, 2021.

 


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ê2017 Statutes of Nevada, Page 4370 (Chapter 601, SB 553)ê

 

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 17, 2021.

      Sec. 1.5.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee for allocation to the State Public Works Division of the Department of Administration the sum of $25,000,000 to support the Division in carrying out the project numbered or otherwise described as Project 17-C15, Complete Planning and Begin Construction of a New Medical School Building, UNLV.

      2.  Money appropriated pursuant to subsection 1 may be allocated to the State Public Works Division upon the determination of the Interim Finance Committee that the money authorized to be expended for Project 17-C15 in section 3 of this act has been received.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, 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 17, 2021, 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 17, 2021.

      Sec. 2.  1.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized for the following project numbered or otherwise described as follows:

 

      Description                                                             Project No.               Amount

      Advance Planning UNLV College of Engineering, Academic and Research Building 17-P09  $1,750,000

      Complete Planning and Begin Construction of a New Medical School Building, UNLV 17-C15................................................................. $25,000,000

 

      2.  The State Public Works Division of the Department of Administration shall not execute a contract for construction of a project listed in subsection 1 until the Division has determined that the funding authorized in subsection 1 for the project has been received and is available for expenditure for the project.

      Sec. 3.  The State Public Works Division of the Department of Administration shall carry out the provisions of this act as provided in chapter 341 of NRS. The Division shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the Attorney General.

      Sec. 4.  All state and local governmental agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the State Public Works Division of the Department of Administration to expedite completion of the project.

 

 

 


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ê2017 Statutes of Nevada, Page 4371 (Chapter 601, SB 553)ê

 

      Sec. 4.3.  The State Controller shall transfer from the Account to Stabilize the Operation of the State Government created by NRS 353.288 to the State General Fund the sum of $25,000,000 for the purpose of the appropriation to the Interim Finance Committee pursuant to section 2 of this act.

      Sec. 4.5.  It is the intent of the Legislature that the amounts authorized for the projects numbered or otherwise described in section 2 of this act must be expended before the amounts appropriated for those projects.

      Sec. 4.7.  The Nevada System of Higher Education and the State Public Works Division of the Department of Administration shall report to the Interim Finance Committee on a biannual basis within 30 days after each reporting period, with the first reporting period to cover the period between July 1, 2017, and December 31, 2017, on the status of the project numbered or otherwise described as Project 17-C15, Complete Planning and Begin Construction of a New Medical School Building, UNLV, including, without limitation:

      1.  Final determination on the size and location of the new building;

      2.  An update on the timeline for completion of construction of the new building;

      3.  A detailed plan for how funding in excess of the amounts authorized in section 2 of this act will be secured to complete construction of the new building;

      4.  Progress made on construction of the new building; and

      5.  An update on fundraising efforts for the project.

      Sec. 5.  This act becomes effective upon passage and approval.

________

CHAPTER 602, SB 548

Senate Bill No. 548–Committee on Finance

 

CHAPTER 602

 

[Approved: June 15, 2017]

 

AN ACT relating to education; providing for the establishment of the Nevada Institute on Teaching and Educator Preparation; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Board of Regents of the University of Nevada to establish a program of student teaching and practicum. (NRS 396.519) Existing law also establishes the Teach Nevada Scholarship Program, which provides scholarships for students to complete a teaching program offered by a university, college or other provider of an alternative licensure program in this State. (NRS 391A.550-391A.590) This bill authorizes a college or university within the Nevada System of Higher Education to apply to the State Board of Education for a grant of money to establish the Nevada Institute on Teaching and Educator Preparation. The Institute will: (1) establish a highly selective program for the education and training of teachers; (2) conduct research concerning approaches and methods used to educate and train teachers and to teach pupils; and (3) evaluate, develop and disseminate approaches to teaching.

 


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ê2017 Statutes of Nevada, Page 4372 (Chapter 602, SB 548)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 396 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A college or university within the System is eligible to apply to the State Board for a grant of money to establish the Nevada Institute on Teaching and Educator Preparation.

      2.  The Nevada Institute on Teaching and Educator Preparation shall:

      (a) Establish a highly selective program for the education and training of teachers that:

             (1) Recruits promising students pursuing teaching degrees from inside and outside this State;

             (2) Upon completion of the program, makes a student eligible to obtain a license to teach pupils in a program of early childhood education, kindergarten, any grade from grades 1 through 12 or in the subject area of special education in this State;

             (3) Is thorough and rigorous and provides a student with increasing professional autonomy and responsibility;

             (4) Allows a student to obtain experience in schools that serve high populations of pupils with disabilities or who are at risk or have other significant needs;

             (5) Provides, in a manner that is aligned to the demographics of pupils in this State, the skills and knowledge necessary to teach the diverse population of pupils in this State; and

             (6) Provides instruction concerning the most contemporary and effective pedagogies, curricula, technology and behavior management techniques for teaching;

      (b) Conduct innovative and extensive research concerning approaches and methods used to educate and train teachers and to teach pupils, including, without limitation, pupils with disabilities or pupils who are at risk or have other significant needs; and

      (c) Continually evaluate, develop and disseminate approaches to teaching that address the variety of settings in which pupils in this State are educated.

      3.  An application to establish the Nevada Institute on Teaching and Educator Preparation pursuant to subsection 1 must demonstrate the ability of the applicant to:

      (a) Meet the requirements of subsection 2;

      (b) Provide additional money for the establishment and operation of the Institute that matches the grant of money awarded by the State Board; and

      (c) Sustain and expand the Institute over time.

      4.  As used in this section, “pupil ‘at risk’” has the meaning ascribed to it in NRS 388A.045.

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to the State Board of Education for the purpose of awarding a grant of money to a college or university within the Nevada System of Higher Education pursuant to section 1 of this act:

 


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ê2017 Statutes of Nevada, Page 4373 (Chapter 602, SB 548)ê

 

For the Fiscal Year 2017-2018 ................................................... $500,000

For the Fiscal Year 2018-2019 ................................................... $500,000

      2.  The sums appropriated by subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 3.  This act becomes effective on July 1, 2017.

________

CHAPTER 603, SB 457

Senate Bill No. 457–Senators Parks, Spearman, Hardy; Denis, Ford and Woodhouse

 

Joint Sponsors: Assemblymen Edwards, Kramer, Wheeler, McArthur; and Pickard

 

CHAPTER 603

 

[Approved: June 15, 2017]

 

AN ACT relating to postsecondary education; requiring the Board of Regents of the University of Nevada to consult with certain entities to establish statewide standards for the awarding of credit for military education, training or occupational experience; requiring that credit earned by a student for military education, training or occupational experience be applicable toward the course work required for the award of a degree or certificate at a community college, state college or university in the Nevada System of Higher Education; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Board of Regents of the University of Nevada to issue a diploma of graduation from the Nevada System of Higher Education upon the recommendation of a president of a branch within the System to students who complete the requirements for graduation and a degree. (NRS 396.560) This bill requires the Board of Regents or its designee to consult with the State approving agency designated pursuant to federal law and the American Council on Education to establish statewide standards for awarding credit for military education, training or occupational experience. This bill also requires that credit earned by a student for military education, training or occupational experience must be applicable toward the course work required of the student for the award of an associate’s degree, baccalaureate degree or certificate at any university, state college or community college in the System.

 


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ê2017 Statutes of Nevada, Page 4374 (Chapter 603, SB 457)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 396 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board of Regents or its designee shall, in consultation with the State approving agency designated pursuant to 38 U.S.C. § 3671 and the American Council on Education, establish statewide standards for awarding credit for military education, training or occupational experience. Such standards must include, without limitation, the:

      (a) Identification of any military education, training or occupational experience listed on a Joint Services Transcript or an Air University or Community College of the Air Force transcript for which credit must be awarded;

      (b) Amount of credit that will be awarded for the completion of such education, training or occupational experience; and

      (c) Specific academic program in a community college, state college or university to which such credit is applicable.

      2.  Credit earned by a student for military education, training or occupational experience must be applicable toward the course work required of the student for the award of an associate’s degree, baccalaureate degree or certificate at any university, state college or community college.

      Sec. 2.  This act becomes effective on July 1, 2017.

________

 

 

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 4375ê

 

CHAPTER 604, AB 472

Assembly Bill No. 472–Committee on Judiciary

 

CHAPTER 604

 

[Approved: June 16, 2017]

 

AN ACT relating to juvenile justice; creating the Juvenile Justice Oversight Commission and an Advisory Committee to the Commission; prescribing the powers and duties of the Commission and the Advisory Committee; imposing requirements related to juvenile justice on the Division of Child and Family Services of the Department of Health and Human Services and local departments of juvenile services; providing for the establishment of an evidence-based program resource center; requiring the juvenile court to make certain findings before committing a child to the custody of a state facility for the detention of children or a public or private institution or agency in another state; requiring departments of juvenile services to conduct a risk assessment and a mental health screening before the disposition of a case involving a child who is adjudicated delinquent; requiring the Division to consider the results of such an assessment and screening in making decisions concerning the placement of a child; revising provisions relating to mental health screenings of children referred to the system of juvenile justice; revising provisions concerning the release of certain information relating to a child subject to the jurisdiction of the juvenile court; requiring the Youth Parole Bureau to adopt policies and procedures relating to responses to a child’s violation of his or her terms and conditions of parole; requiring the juvenile court to consider the adherence of the Youth Parole Bureau to such policies and procedures in determining whether to suspend, modify or revoke a child’s parole; revising provisions relating to revocation of a child’s parole; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides generally for a system of juvenile justice in this State. (Title 5 of NRS) Section 4 of this bill creates the Juvenile Justice Oversight Commission to perform certain functions relating to the juvenile justice system. Section 4.5 of this bill creates an Advisory Committee consisting of two members of the Senate, two members of the Assembly and two judges of a juvenile court to provide recommendations to the Commission. Section 5 of this bill requires the Commission to: (1) establish a uniform procedure for the Division of Child and Family Services of the Department of Health and Human Services, the Youth Parole Bureau and each department of juvenile services in this State to follow when developing performance measures related to the juvenile justice system; (2) establish standard procedures for measuring outcomes for children subject to the jurisdiction of the juvenile court; (3) select a validated risk assessment tool to assist the juvenile court, the Division and each department of juvenile services in determining the appropriate actions to take for children subject to the jurisdiction of the juvenile court and a validated mental health screening tool to determine the appropriate actions to take for children in need of supervision; and (4) contract with a qualified vendor or provider to provide technical assistance and training to employees of the juvenile justice system on the implementation and operation of such tools.

 


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ê2017 Statutes of Nevada, Page 4376 (Chapter 604, AB 472)ê

 

      Section 6 of this bill requires the Commission to develop a 5-year strategic plan that establishes policies and procedures for the Division and each department of juvenile services relating to the use of evidence-based practices when providing services to children subject to the jurisdiction of the juvenile court. Section 7 of this bill requires the members of the Commission to conduct annual quality assurance reviews of each state facility for the detention of children and each regional facility for the treatment and rehabilitation of children, which section 13.2 of this bill defines as a regional facility which: (1) provides court-ordered treatment and rehabilitation for children; and (2) is administered by or for the benefit of more than one governmental entity. Section 7 requires such a quality assurance review to include a review of the facility’s: (1) service delivery; (2) case management procedures; (3) policies on supervision and behavior management; and (4) procedures relating to the release of children from the facility. Section 7 also requires a facility to: (1) develop a facility improvement plan, in coordination with the Division or a local department of juvenile services, if such a plan is required to address any issues raised in the review; and (2) submit such a plan to the Commission. Section 7 further requires the Commission to compile all such facility improvement plans and submit the plans to the Governor and the Director of the Legislative Counsel Bureau with its annual review.

      Section 8 of this bill requires the Division and each department of juvenile services to, on or before July 1, 2018, implement the validated risk assessment tool and the validated mental health screening tool selected by the Commission for evaluation of children subject to the jurisdiction of the juvenile court. Section 8 also establishes the cost allocation for the expenses of implementing such tools, such that the responsibility for those expenses will shift from the State to each department of juvenile services over the next 2 fiscal years. Section 9 of this bill requires the Division and each department of juvenile services that receives money from the state, other than any money received from the State Plan for Medicaid, to use such money to develop, promote and coordinate evidence-based programs and services. Section 9 also requires any contract between the Division or a department of juvenile services and a treatment provider for the provision of juvenile services to require the treatment provider to comply with the evidence-based standards developed by the Commission.

      Section 10 of this bill requires the Division to issue a request for proposals to establish an evidence-based program resource center. Section 10 requires the resource center to: (1) provide technical assistance to the Division, each department of juvenile services and treatment providers to support the implementation and operation of evidence-based programs and practices as set forth in the Commission’s 5-year strategic plan; (2) provide various types of training to persons employed in the juvenile justice system; (3) act as a resource clearinghouse on evidence-based programs and practices; and (4) facilitate collaboration among state and local agencies and treatment providers who serve the juvenile justice system. Section 12 of this bill requires the Division and each department of juvenile services to develop and implement a family engagement plan to increase the participation of the family of a child who is subject to the jurisdiction of the juvenile court in the rehabilitation of the child.

      Existing law establishes provisions governing the disposition by a juvenile court of cases of children subject to the court’s jurisdiction. (Chapter 62E of NRS) Section 15 of this bill requires the department of juvenile services, before the disposition of a child’s case, to conduct a risk assessment and a mental health screening on the child using the validated tools selected by the Commission and, in certain circumstances, a full mental health assessment, and to prepare a report based on the results of the risk assessment, mental health screening and any full mental health assessment as to the most appropriate disposition of the case. Section 16 of this bill requires a department

 

 


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ê2017 Statutes of Nevada, Page 4377 (Chapter 604, AB 472)ê

 

of juvenile services to develop an individualized case plan for each child placed under the supervision of the juvenile court, placed under the informal supervision of a probation officer or committed to a regional facility for the treatment and rehabilitation of children. Section 16 sets forth the information required to be included in each case plan. Section 17 of this bill requires the Division to: (1) consider the results of a validated risk assessment, a validated mental health screening and any full mental health assessment to make decisions concerning the placement of a child; and (2) develop a case plan for each child committed to the Division for placement in a state facility for the detention of children. Section 14.5 of this bill requires the juvenile court to make certain findings before committing a child to the custody of a state facility for the detention of children, and section 18 of this bill requires the juvenile court to make certain findings before committing a child to a public or private institution or agency in another state. Sections 20 and 21 of this bill revise the process for how mental health screenings of children who are adjudicated delinquent and committed to a state facility for the detention of children or a regional facility for the treatment and rehabilitation of children are to be conducted.

      Existing law requires the Division to: (1) establish a standardized system for the reporting, collection, analysis, maintenance and retrieval of information concerning juvenile justice in this State; and (2) adopt regulations that require juvenile courts, local juvenile probation departments and the staff of the youth correctional services to submit certain information to the Division. (NRS 62H.200) Section 25 of this bill revises the types of juvenile justice information required to be submitted to the Division. Section 22 of this bill requires the Division to analyze such information and submit a report to the Governor and to the Legislature relating to the trends that exist in the juvenile justice system and the effectiveness of the system’s programs and services. Section 33 of this bill repeals a similar provision that requires each local juvenile probation department to analyze such information and submit a report to the Division.

      Section 24 of this bill authorizes the Division to withhold money from a juvenile court that does not comply with the regulations adopted by the Division relating to the submittal of certain juvenile justice information.

      Existing law authorizes a director of juvenile services and the Youth Parole Bureau to release certain information concerning a child who is within the purview of the juvenile court to certain other persons involved in the juvenile justice system. (NRS 62H.025) Section 23 of this bill revises the list of persons to whom a director of juvenile services and the Youth Parole Bureau may release information to include: (1) the Chief Parole and Probation Officer; (2) the Director of the Department of Corrections; (3) a law enforcement agency; (4) the director of a regional facility for the treatment and rehabilitation of children; or (5) the director of an agency which provides mental health services.

      Existing law provides for the suspension, modification or revocation of the parole of a child. (NRS 63.770) Section 26 of this bill requires the Youth Parole Bureau to establish policies and procedures to be used when determining the most appropriate and least restrictive response to a violation of a child of the terms and conditions of his or her parole. Section 26 requires, among other things, the Youth Parole Bureau to create a sliding scale of offenses based on the severity of the violation. Section 28 of this bill requires the juvenile court to consider the policies and procedures adopted by the Youth Parole Bureau pursuant to section 26 and consider the adherence of the Youth Parole Bureau to such policies and procedures when determining whether to suspend, modify or revoke the parole of a child. Section 29 of this bill prohibits the Chief of the Youth Parole Bureau from recommending to the juvenile court that a child’s parole be revoked unless: (1) the child poses a risk to public safety; or (2) the other responses set forth in the policies and procedures adopted by the Youth Parole Bureau pursuant to section 26 would not be appropriate for the child.

 


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ê2017 Statutes of Nevada, Page 4378 (Chapter 604, AB 472)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 62A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2. “Commission” means the Juvenile Justice Oversight Commission established by section 4 of this act.

      Sec. 2.5. “Committee” means the Advisory Committee to the Commission established by section 4.5 of this act.

      Sec. 3. “Department of juvenile services” means the entity designated pursuant to chapter 62G of NRS to administer the provision of services relating to the delinquency of children.

      Sec. 4. 1.  The Juvenile Justice Oversight Commission is hereby established.

      2.  The Commission consists of the Governor or his or her designee and 25 members appointed by the Governor. The Governor shall appoint to the Commission:

      (a) Two members nominated by the Senate, who are not members of the Senate or public officers.

      (b) Two members nominated by the Assembly, who are not members of the Assembly or public officers.

      (c) Two members nominated by the Supreme Court, who are not judges, justices or public officers.

      (d) The Administrator of the Division of Child and Family Services or his or her designee.

      (e) The Deputy Administrator of Juvenile Services of the Division of Child and Family Services or his or her designee.

      (f) Three members who are directors of juvenile services, one each of whom must represent a county whose population:

             (1) Is less than 100,000.

             (2) Is 100,000 or more but less than 700,000.

             (3) Is 700,000 or more.

      (g) Two members who are district attorneys.

      (h) Two members who are public defenders.

      (i) One member who is a representative of a law enforcement agency.

      (j) Two members who are representatives of a nonprofit organization which provides programs to prevent juvenile delinquency.

      (k) One member who is a volunteer who works with children who have been adjudicated delinquent.

      (l) Six members who are under the age of 24 years at the time of appointment.

      3.  At least three of the persons appointed to the Commission pursuant to subsection 2 must be persons who are currently or were formerly subject to the jurisdiction of the juvenile court.

      4.  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 Commission must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs. Nine of the initial members of the Commission who are appointed pursuant to subsection 2 must be appointed to an initial term of 1 year.

 


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appointed to an initial term of 1 year. Each member of the Commission continues in office until his or her successor is appointed.

      5.  The members of the Commission serve without compensation but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  A majority of the members of the Commission constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Commission.

      7.  A member of the Commission who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation to prepare for and attend meetings of the Commission and perform any work necessary to carry out the duties of the Commission in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Commission to:

      (a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Commission; or

      (b) Take annual leave or compensatory time for the absence.

      8.  At the first meeting of the Commission and annually thereafter:

      (a) The Governor shall appoint a Chair of the Commission;

      (b) The Commission shall elect a Secretary from among its members; and

      (c) The Commission shall adopt rules for its own management and government.

      9.  The Commission shall:

      (a) Hold its first meeting within 60 days after all the initial appointments to the Commission are made pursuant to subsection 2; and

      (b) Meet at least once every 4 months and may meet at such further times as deemed necessary by the Chair.

      10.  As used in this section, “public officer” has the meaning ascribed to it in NRS 205.4627.

      Sec. 4.5. 1.  The Advisory Committee to the Commission is hereby established.

      2.  The Committee consists of six members appointed by the Governor. The Governor shall appoint:

      (a) Two members of the Senate, one of whom must be from the majority political party and one of whom must be from the minority political party.

      (b) Two members of the Assembly, one of whom must be from the majority political party and one of whom must be from the minority political party.

      (c) Two members who are judges of a juvenile court.

      3.  The Committee shall make recommendations concerning any duties assigned to the Commission.

      4.  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 Committee must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

      5.  The members of the Committee serve without compensation but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

 


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      6.  A majority of the members of the Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Commission.

      Sec. 5. In addition to the duties set forth in sections 6 and 7 of this act, the Commission shall:

      1.  On or before July 1, 2018, establish a uniform procedure for the Division of Child and Family Services, the Youth Parole Bureau and each department of juvenile services to use for developing performance measures to determine the effectiveness of the juvenile justice system, including, without limitation, performance measures for juvenile court referrals and dispositions, supervision of a child subject to the jurisdiction of the juvenile court, services provided by agencies which provide juvenile justice services and rates of recidivism.

      2.  On or before July 1, 2018, establish standard procedures for measuring outcomes for a child subject to the jurisdiction of the juvenile court, including, without limitation, standard procedures for measuring and reporting rates of recidivism in accordance with NRS 62H.200, and define any necessary terms.

      3.  On or before January 1, 2018, select:

      (a) A validated risk assessment tool that uses a currently accepted standard of assessment to assist the juvenile court, the Division of Child and Family Services and departments of juvenile services in determining the appropriate actions to take for each child subject to the jurisdiction of the juvenile court; and

      (b) A validated mental health screening tool that uses a currently accepted standard of assessment to determine the appropriate actions to take for each child in need of supervision pursuant to this title.

      4.  Contract with a qualified vendor or provider of technical assistance to assist the Division of Child and Family Services and each department of juvenile services with the implementation of the validated risk assessment tool. Such assistance must include, without limitation, employee training, policy development and the establishment of quality assurance protocols.

      Sec. 6. 1.  The Commission shall develop a 5-year strategic plan that establishes policies and procedures for the Division of Child and Family Services and each department of juvenile services relating to the use of evidence-based practices in providing services to children subject to the jurisdiction of the juvenile court. The plan must include, without limitation:

      (a) Uniform standards that an evidence-based practice or program must follow, including, without limitation, model programs, staffing requirements and quality assurance protocols;

      (b) Strategies, including, without limitation, measurable goals, timelines and responsible parties, to enhance the capacity of the Division of Child and Family Services and each department of juvenile services to:

             (1) Comply with the evidence-based standards developed by the Commission; and

             (2) Partner with treatment providers that offer evidence-based programs for the treatment of children subject to the jurisdiction of the juvenile court;

      (c) A requirement for the collection and reporting of data to the Commission by each department of juvenile services relating to the programs offered and services rendered by each department; and

 


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      (d) Protocols for improvement and corrective action for:

             (1) A department of juvenile services that does not comply with the reporting requirements established pursuant to paragraph (c); and

             (2) A treatment provider that does not comply with the evidence-based standards established by the Commission.

      2.  The Division of Child and Family Services shall adopt regulations to implement the provisions of the strategic plan developed pursuant to subsection 1.

      3.  On or before July 1, 2018, and every 5 years thereafter, the Commission shall submit the strategic plan developed pursuant to subsection 1 to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature.

      Sec. 7. 1.  The members of the Commission shall conduct an annual quality assurance review of each state facility for the detention of children and regional facility for the treatment and rehabilitation of children. Each review must use a validated service assessment tool, selected by the Commission, which includes, without limitation:

      (a) An analysis of the facility’s service delivery;

      (b) A review of the facility’s case management procedures;

      (c) A review of the facility’s policies on supervision and behavior management of children placed in the facility; and

      (d) An analysis of the facility’s procedures relating to the release of children from the jurisdiction of the juvenile court.

      2.  Before conducting a review pursuant to subsection 1, a member of the Commission must receive training on the use of the validated service assessment tool selected by the Commission pursuant to subsection 1.

      3.  The members of the Commission who conduct a review pursuant to subsection 1 shall share the results of the review and recommendations for improvement with the facility and the Division of Child and Family Services or a local department of juvenile services.

      4.  A facility shall develop a facility improvement plan, in coordination with the Division of Child and Family Services or a local department of juvenile services, if such a plan is required to address any issues raised in the review. Not more than 60 days after receiving the results of the review and recommendations for improvement pursuant to subsection 3, the facility shall submit the facility improvement plan to the Commission. The Commission shall compile all such facility improvement plans and submit the plans to the Governor and to the Director of the Legislative Counsel Bureau with its annual review.

      Sec. 8. 1.  On or before July 1, 2018, the Division of Child and Family Services and each department of juvenile services shall:

      (a) Implement the validated risk assessment tool and the validated mental health screening tool selected by the Commission pursuant to subsection 3 of section 5 of this act; and

      (b) Comply with the policies and quality assurance protocols set forth by the qualified vendor or other provider selected to provide technical assistance for the validated risk assessment tool pursuant to subsection 4 of section 5 of this act.

      2.  The costs of implementing and operating the validated risk assessment tool and the validated mental health screening tool pursuant to subsection 1 must be allocated in the following manner:

 


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      (a) In Fiscal Year 2017-2018, the Division of Child and Family Services pays 100 percent of the costs incurred by each department of juvenile services associated with the validated risk assessment tool and the validated mental health screening tool.

      (b) In Fiscal Year 2018-2019, the Division of Child and Family Services pays 50 percent of the costs incurred by each department of juvenile services associated with the validated risk assessment tool and the validated mental health screening tool.

      (c) In Fiscal Year 2019-2020 and in every subsequent fiscal year, each department of juvenile services is responsible for 100 percent of the costs that the department incurs associated with the validated risk assessment tool and the validated mental health screening tool.

      Sec. 9. 1.  Except as otherwise provided in subsection 2 and subject to the provisions of subsection 4, the Division of Child and Family Services and each department of juvenile services that receives money from the State, except money received from the State Plan for Medicaid as a benefit for a child subject to the jurisdiction of a juvenile court, must use such money to develop, promote and coordinate evidence-based programs and practices.

      2.  A department of juvenile services in a county whose population is less than 100,000 must be evaluated for compliance with the requirement set forth in subsection 1 based on the amount of money received from the State, other limitations on resources and the availability of treatment providers in the county.

      3.  A contract or provider agreement between the Division of Child and Family Services or a department of juvenile services and a treatment provider for the provision of any juvenile services that uses money from the State must require the treatment provider to comply with the evidence-based standards developed by the Commission pursuant to section 6 of this act.

      4.  The Division of Child and Family Services and each department of juvenile services shall use the following percentages of money received from the State as described in subsection 1 to develop, promote and coordinate evidence-based programs and practices:

      (a) In Fiscal Year 2019-2020, 25 percent.

      (b) In Fiscal Year 2020-2021, 50 percent.

      (c) In Fiscal Year 2021-2022, 75 percent.

      (d) In Fiscal Year 2022-2023 and each subsequent fiscal year, 100 percent.

      Sec. 10. 1.  On or before September 1, 2017, the Division of Child and Family Services shall issue a request for proposals to establish an evidence-based program resource center.

      2.  The evidence-based program resource center shall:

      (a) Provide technical assistance to the Division of Child and Family Services, each department of juvenile services and treatment providers to support the implementation and operation of evidence-based programs and practices as set forth in the strategic plan developed by the Commission pursuant to section 6 of this act;

      (b) Provide on a statewide basis to persons employed in the juvenile justice system training relating to:

             (1) The use of evidence-based programs and practices; and

 


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             (2) The analysis of quality assurance protocols to ensure such programs meet the evidence-based standards developed by the Commission pursuant to section 6 of this act;

      (c) Act as a clearinghouse for information and statewide resources on evidence-based programs and practices for children subject to the jurisdiction of the juvenile court;

      (d) Facilitate collaboration among state and local agencies and treatment providers to increase access to such providers; and

      (e) Provide support for the assessment of the implementation of evidence-based standards by such state and local agencies.

      Sec. 11. On or before July 1, 2019, and on or before July 1 of every year thereafter, the Division of Child and Family Services shall submit to the Governor, to the Commission and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature, a report detailing the Division’s compliance with the evidence-based standards developed by the Commission pursuant to section 6 of this act and an analysis of the data collected based on the performance measures adopted by the Division pursuant to NRS 62H.200.

      Sec. 12. The Division of Child and Family Services and each department of juvenile services shall develop and implement a family engagement plan to enhance family engagement in the juvenile justice system. The plan must include strategies for:

      1.  Increasing the family’s contact with a child subject to the jurisdiction of the juvenile court;

      2.  Engaging family members in the case plan of a child and in planning meetings for the release of the child from the jurisdiction of the juvenile court;

      3.  Involving family members in the child’s treatment; and

      4.  Soliciting the feedback of family members relating to improvements to the services rendered to children subject to the jurisdiction of the juvenile court.

      Sec. 13. NRS 62A.010 is hereby amended to read as follows:

      62A.010  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 62A.020 to 62A.350, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 13.2.NRS 62A.280 is hereby amended to read as follows:

      62A.280  1.  “Regional facility for the [detention] treatment and rehabilitation of children” means a regional facility [for the detention or commitment of] which provides court-ordered treatment and rehabilitation for children and which is administered by or for the benefit of more than one governmental entity.

      2.  The term includes, but is not limited to:

      (a) The [institution] facility in Clark County known as Spring Mountain Youth Camp;

      (b) The [institution] facility in Douglas County known as China Spring Youth Camp; and

      (c) The [institution] facility in Lyon County known as Western Nevada Regional Youth Facility.

      3.  The term does not include:

 


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      (a) Any local facility for the detention of children; or

      (b) The Nevada Youth Training Center, the Caliente Youth Center or any state facility for the detention of children.

      Sec. 13.3. NRS 62B.130 is hereby amended to read as follows:

      62B.130  1.  If a child is detained other than pursuant to a court order in a local [or regional] facility for the detention of children, the county that has detained the child is entitled to reimbursement from the parent or guardian of the child for all money expended by the county for the support of the child during the period of the child’s detention.

      2.  If the parent or guardian of the child fails or refuses to reimburse the county, the board of county commissioners may recover from the parent or guardian, by appropriate legal action, all money due plus interest thereon at the rate of 7 percent per annum.

      Sec. 13.4. NRS 62B.140 is hereby amended to read as follows:

      62B.140  1.  Except as otherwise provided in this subsection, if a child is committed to the custody of a regional facility for the [detention] treatment and rehabilitation of children, the juvenile court may order the county where the child has a legal residence to pay the expenses incurred for the support of the child in an amount equal to any money paid for that purpose by the Division of Child and Family Services. Such an order may not be entered if the county maintains the facility to which the child is committed.

      2.  The juvenile court may order the parent or guardian of the child to reimburse the county, in whole or in part, for any money expended by the county for the support of the child.

      3.  This section does not prohibit the juvenile court from providing for the support of the child in any other manner authorized by law.

      Sec. 13.5. NRS 62B.150 is hereby amended to read as follows:

      62B.150  1.  Except as otherwise provided in subsection 6, each county shall pay an assessment for the operation of each regional facility for the [detention] treatment and rehabilitation of children that is partially supported by the State of Nevada and is operated by a county whose population is less than 700,000.

      2.  The assessment owed by each county equals the total amount budgeted by the Legislature for the operation of the regional facility, minus any money appropriated by the Legislature for the support of the regional facility, divided by the total number of pupils in this State in the preceding school year, excluding pupils in counties whose population is 700,000 or more, and multiplied by the number of pupils in the assessed county. The Administrator of the Division of Child and Family Services shall calculate the assessment owed by each county in June of each year for the ensuing fiscal year.

      3.  Each county must pay the assessed amount to the Division of Child and Family Services in quarterly installments that are due the first day of the first month of each calendar quarter.

      4.  The Administrator of the Division of Child and Family Services shall deposit the money received pursuant to subsection 3 in a separate account in the State General Fund. The money in the account may be withdrawn only by the Administrator for the operation of regional facilities for the [detention] treatment and rehabilitation of children.

 


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      5.  Revenue raised by a county to pay the assessment required pursuant to subsection 1 is not subject to the limitations on revenue imposed pursuant to chapter 354 of NRS and must not be included in the calculation of those limitations.

      6.  The provisions of this section do not apply to a county whose population is 700,000 or more.

      7.  As used in this section, “regional facility for the [detention] treatment and rehabilitation of children” or “regional facility” does not include the [institution] facility in Lyon County known as Western Nevada Regional Youth Center.

      Sec. 13.6. NRS 62B.160 is hereby amended to read as follows:

      62B.160  1.  Except as otherwise provided in subsection 5, each county shall pay an assessment for the operation of a regional facility for the [detention] treatment and rehabilitation of children that serves the county if the regional facility:

      (a) Is operated by a county whose population is less than 700,000 or an administrative entity established pursuant to NRS 277.080 to 277.180, inclusive, by counties whose populations are less than 700,000 each;

      (b) Is established by two or more counties pursuant to an interlocal agreement or by one county if the regional facility is operated pursuant to an interlocal agreement to benefit other counties; and

      (c) Is not partially supported by the State of Nevada and does not receive money from the State of Nevada other than any fees paid to the regional facility for a child referred to the regional facility by the State of Nevada.

      2.  The administrator of a regional facility for the [detention] treatment and rehabilitation of children shall calculate the assessment owed by each county pursuant to subsection 1 on or before March 1 of each year for the ensuing fiscal year. The assessment owed by each county equals:

      (a) For the first 2 years of operation of the regional facility, the total amount budgeted for the operation of the regional facility by the governing body of the county or other entity responsible for the operation of the regional facility, minus any money received from the State of Nevada to pay for fees for a child referred to the regional facility by the State of Nevada, divided by the total number of pupils in the preceding school year in all counties served by the regional facility and multiplied by the number of pupils in the preceding school year in the assessed county.

      (b) For each year subsequent to the second year of operation of the regional facility, unless the counties served by the regional facility enter into an interlocal agreement to the contrary, the total of:

             (1) The total amount budgeted for the operation of the regional facility by the governing body of the county or other entity responsible for the operation of the regional facility, minus any money received from the State of Nevada to pay for fees for a child referred to the regional facility by the State of Nevada, divided by the total number of pupils in the preceding school year in all counties served by the regional facility, multiplied by the number of pupils in the preceding school year in the assessed county and multiplied by one-fourth; and

             (2) The total amount budgeted for the operation of the regional facility by the governing body of the county or other entity responsible for the operation of the regional facility, minus any money received from the State of Nevada to pay for fees for a child referred to the regional facility by the State of Nevada, divided by the total number of pupils who were served by the regional facility in the preceding school year from all counties served by the regional facility, multiplied by the number of pupils who were served by the regional facility in the preceding school year from the assessed county and multiplied by three-fourths.

 


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by the regional facility in the preceding school year from all counties served by the regional facility, multiplied by the number of pupils who were served by the regional facility in the preceding school year from the assessed county and multiplied by three-fourths.

      3.  Each county shall pay the assessment required pursuant to subsection 1 to the treasurer of the county if the regional facility is operated by a county or to the administrative entity responsible for the operation of the regional facility in quarterly installments that are due on the first day of the first month of each calendar quarter. The money must be accounted for separately and may only be withdrawn by the administrator of the regional facility.

      4.  The board of county commissioners of each county may pay the assessment from revenue raised by a tax levied pursuant to NRS 354.59818, any other available money, or a combination thereof.

      5.  The provisions of this section do not apply to a county whose population is 700,000 or more.

      6.  As used in this section, “regional facility for the [detention] treatment and rehabilitation of children” or “regional facility” does not include the [institution] facility in Douglas County known as China Spring Youth Camp.

      Sec. 13.7. NRS 62B.215 is hereby amended to read as follows:

      62B.215  1.  A child who is detained in a local [or regional] facility for the detention of children or committed to a regional facility for the treatment and rehabilitation of children may be subjected to corrective room restriction only if all other less-restrictive options have been exhausted and only for the purpose of:

      (a) Modifying the negative behavior of the child;

      (b) Holding the child accountable for a violation of a rule of the facility; or

      (c) Ensuring the safety of the child, staff or others or ensuring the security of the facility.

      2.  Any action that results in corrective room restriction for more than 2 hours must be documented in writing and approved by a supervisor.

      3.  A local [or regional] facility for the detention of children or regional facility for the treatment and rehabilitation of children shall conduct a safety and well-being check on a child subjected to corrective room restriction at least once every 10 minutes while the child is subjected to corrective room restriction.

      4.  A child may be subjected to corrective room restriction only for the minimum time required to address the negative behavior, rule violation or threat to the safety of the child, staff or others or to the security of the facility, and the child must be returned to the general population of the facility as soon as reasonably possible.

      5.  A child who is subjected to corrective room restriction for more than 24 hours must be provided:

      (a) Not less than 1 hour of out-of-room, large muscle exercise each day, including, without limitation, access to outdoor recreation if weather permits;

      (b) Access to the same meals and medical and mental health treatment, the same access to contact with parents or legal guardians, and the same access to legal assistance and educational services as is provided to children in the general population of the facility; and

      (c) A review of the corrective room restriction status at least once every 24 hours. If, upon review, the corrective room restriction is continued, the continuation must be documented in writing, including, without limitation, an explanation as to why no other less-restrictive option is available.

 


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continuation must be documented in writing, including, without limitation, an explanation as to why no other less-restrictive option is available.

      6.  A local [or regional] facility for the detention of children or regional facility for the treatment and rehabilitation of children shall not subject a child to corrective room restriction for more than 72 consecutive hours.

      7.  [A] Each local [or regional] facility for the detention of children and regional facility for the treatment and rehabilitation of children shall report monthly to the Juvenile Justice Programs Office of the Division of Child and Family Services the number of children who were subjected to corrective room restriction during that month and the length of time that each child was in corrective room restriction. Any incident that resulted in the use of corrective room restriction for 72 consecutive hours must be addressed in the monthly report, and the report must include the reason or reasons any attempt to return the child to the general population of the facility was unsuccessful.

      8.  As used in this section, “corrective room restriction” means the confinement of a child to his or her room as a disciplinary or protective action and includes, without limitation:

      (a) Administrative seclusion;

      (b) Behavioral room confinement;

      (c) Corrective room rest; and

      (d) Room confinement.

      Sec. 13.8. NRS 62C.035 is hereby amended to read as follows:

      62C.035  1.  Each child who is taken into custody by a peace officer or probation officer and detained in a local facility for the detention of children [or a regional facility for the detention of children] while awaiting a detention hearing pursuant to NRS 62C.040 or 62C.050 must be screened to determine whether the child is in need of mental health services or is an abuser of alcohol or drugs.

      2.  The facility in which the child is detained shall cause the screening required pursuant to subsection 1 to be conducted as soon as practicable after the child has been detained in the facility.

      3.  The method for conducting the screening required pursuant to subsection 1 must satisfy the requirements of NRS 62E.516.

      Sec. 14. Chapter 62E of NRS is hereby amended by adding thereto the provisions set forth as sections 14.5 to 17, inclusive, of this act.

      Sec. 14.5. Before the juvenile court commits a delinquent child to the custody of a state facility for the detention of children, the court must find that:

      1.  Appropriate alternatives that could satisfactorily meet the needs of the child do not exist in the community or were previously used to attempt to meet such needs and proved unsuccessful; and

      2.  The child poses a public safety risk based on the child’s risk of reoffending, as determined by a risk assessment conducted pursuant to section 15 of this act, any history of delinquency and the seriousness of the offense committed by the child.

      Sec. 15. 1.  Beginning on the date selected by the Commission for implementation of the requirement for use of the validated risk assessment tool and the validated mental health screening tool selected pursuant to section 5 of this act, before the disposition of a case involving a child who is adjudicated delinquent, the department of juvenile services shall conduct a validated risk assessment and validated mental health screening on the child, using the tools selected by the Commission. If the mental health screening indicates that the child is in need of a full mental health assessment, the department of juvenile services shall, to the extent money is available, provide for a full mental health assessment of the child.

 


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screening indicates that the child is in need of a full mental health assessment, the department of juvenile services shall, to the extent money is available, provide for a full mental health assessment of the child.

      2.  The department of juvenile services shall prepare a report on the results of the risk assessment, mental health screening and, if applicable, the full mental health assessment conducted pursuant to subsection 1. The report must be included in the child’s file and provided to all parties to the case. The report must identify the child’s risk to reoffend and provide a recommendation for the type of supervision and services that the child needs.

      3.  The juvenile court shall use the report created pursuant to subsection 2 to assist the juvenile court in determining the disposition of the child’s case.

      Sec. 16. 1.  The department of juvenile services shall develop a written individualized case plan for each child placed under the supervision of the juvenile court pursuant to a supervision and consent decree, placed under the informal supervision of a probation officer pursuant to NRS 62C.200 or committed to a regional facility for the treatment and rehabilitation of children. In developing such a case plan, the department of juvenile services must use, without limitation:

      (a) The results of the risk assessment and mental health screening conducted pursuant to section 15 of this act;

      (b) The trauma, if any, experienced by the child;

      (c) The education level of the child;

      (d) The seriousness of the offense committed by the child; and

      (e) Any relevant information provided by the family of the child.

      2.  A case plan developed pursuant to subsection 1 must:

      (a) Address the risks the child presents and the service needs of the child based on the results of the risk assessment and mental health screening conducted pursuant to section 15 of this act;

      (b) Specify the level of supervision and intensity of services that the child needs;

      (c) Provide referrals to treatment providers that may address the child’s risks and needs;

      (d) Be developed in consultation with the child’s family or guardian, as appropriate;

      (e) Specify the responsibilities of each person or agency involved with the child; and

      (f) Provide for the full reentry of the child into the community.

      3.  In addition to the requirements of subsection 2, if a child is committed to a regional facility for the treatment and rehabilitation of children, the child’s case plan must:

      (a) Identify the projected length of stay and release criteria based on a risk assessment conducted pursuant to section 15 of this act, the seriousness of the offense committed by the child and treatment progress;

      (b) Include a comprehensive plan for complete reentry of the child into the community; and

      (c) Be reviewed at least once every 3 months by the department of juvenile services.

      4.  A reentry plan developed pursuant to subsection 3 must include, without limitation:

 


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      (a) A detailed description of the education, counseling and treatment provided to the child;

      (b) A proposed plan for the continued education, counseling and treatment of the child upon his or her release;

      (c) A proposed plan for the provision of any supervision or services necessary for the transition of the child; and

      (d) A proposed plan for any engagement of the child’s family or guardian.

      5.  The department of juvenile services must update a child’s case plan at least once every 6 months, or when significant changes in the child’s treatment occur, by conducting another risk assessment and mental health screening using the tools selected by the Commission pursuant to section 5 of this act.

      6.  A reentry planning meeting must be held at least 30 days before a child’s scheduled release from a regional facility for the treatment and rehabilitation of children. As appropriate, based on the child’s case plan, the meeting should be attended by:

      (a) The child;

      (b) A family member or the guardian of the child;

      (c) The child’s probation officer;

      (d) Members of the staff of the regional facility for the treatment and rehabilitation of children; and

      (e) Any treatment providers of the child.

      Sec. 17. 1.  The Division of Child and Family Services shall consider, without limitation, the results of a validated risk assessment, a validated mental health screening and, if applicable, a full mental health assessment conducted pursuant to section 15 of this act to make decisions concerning the placement of the child. The Division may consider the results of a risk and needs assessment of the child that was conducted by a local department of juvenile services if the assessment was conducted within the immediately preceding 6 months and no significant changes have occurred relating to the child’s case.

      2.  The Division of Child and Family Services shall develop a length of stay matrix and establish release criteria for a state facility for the detention of children that are based on a child’s risk of reoffending, as determined by the risk assessment for the child, the seriousness of the act for which the child was adjudicated delinquent and the child’s progress in meeting treatment goals. In making release and discharge decisions, the Division shall use the matrix and release criteria developed pursuant to this subsection.

      3.  The Division of Child and Family Services shall develop a written individualized case plan for each child committed to the custody of the Division pursuant to NRS 62E.520. In developing such a case plan, the Division must use, without limitation:

      (a) The results of the risk assessment, mental health screening and any full mental health assessment conducted pursuant to section 15 of this act;

      (b) The trauma, if any, experienced by the child;

      (c) The education level of the child;

      (d) The seriousness of the offense committed by the child;

      (e) The child’s progress in meeting treatment goals; and

      (f) Any relevant information provided by the family of the child.

 


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      4.  A case plan developed pursuant to subsection 3 must:

      (a) Address the risks the child presents and the service needs of the child based on the results of the risk assessment, mental health screening and any full mental health assessment conducted pursuant to section 15 of this act;

      (b) Specify the level of supervision and services that the child needs;

      (c) Provide referrals to treatment providers that may address the child’s risks and needs;

      (d) Be developed in consultation with the child’s family or guardian, as appropriate;

      (e) Specify the responsibilities of each person or agency involved with the child; and

      (f) Provide for the full reentry of the child into the community.

      5.  In addition to the requirements of subsection 4, if a child is committed to a state facility for the detention of children, the child’s case plan must:

      (a) Include a comprehensive plan for complete reentry of the child into the community; and

      (b) Be reviewed at least once every 3 months by the Division of Child and Family Services.

      6.  A reentry plan developed pursuant to subsection 5 must include, without limitation:

      (a) A detailed description of the education, counseling and treatment provided to the child;

      (b) A proposed plan for the continued education, counseling and treatment of the child upon his or her release;

      (c) A proposed plan for the provision of any supervision or services necessary for the transition of the child; and

      (d) A proposed plan for any engagement of the child’s family or guardian.

      7.  The Division of Child and Family Services must update a child’s case plan at least once every 6 months, or when significant changes in the child’s treatment occur, by conducting another risk assessment and mental health screening using the tools selected by the Commission pursuant to section 5 of this act.

      8.  A reentry planning meeting must be held at least 30 days before a child’s scheduled release from a state facility for the detention of children. As appropriate, based on the child’s case plan, the meeting should be attended by:

      (a) The child;

      (b) A family member or the guardian of the child;

      (c) The child’s youth parole counselor;

      (d) The superintendent of the state facility for the detention of children; and

      (e) Any treatment providers of the child.

      Sec. 18. NRS 62E.110 is hereby amended to read as follows:

      62E.110  1.  Except as otherwise provided in this chapter, the juvenile court may:

      (a) Place a child in the custody of a suitable person for supervision in the child’s own home or in another home; [or]

      (b) Commit the child to the custody of a public or private institution or agency authorized to care for children [.] ; or

 


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      (c) Commit the child to the custody of the Division of Child and Family Services pursuant to NRS 62E.520.

      2.  If the juvenile court places the child under supervision in a home:

      (a) The juvenile court may impose such conditions as the juvenile court deems proper; and

      (b) The program of supervision in the home may include electronic surveillance of the child.

      3.  If the juvenile court commits the child to the custody of a public or private institution or agency [,] other than the Division of Child and Family Services, the juvenile court shall select one that is required to be licensed by:

      (a) The Department of Health and Human Services to care for such children; or

      (b) If the institution or agency is in another state, the analogous department of that state.

      4.  Before committing a child to a public or private institution or agency in another state, the juvenile court must find that:

      (a) No public or private institution or agency in this State met the needs of the child or that such an institution or agency had previously attempted to meet such needs and proved unsuccessful; and

      (b) Reasonable efforts had been made to consult with public or private institutions and agencies in this State to place or commit the child in this State, and that those efforts had failed.

      Sec. 19. NRS 62E.500 is hereby amended to read as follows:

      62E.500  1.  The provisions of NRS 62E.500 to 62E.730, inclusive [:] , and sections 14.5 to 17, inclusive, of this act:

      (a) Apply to the disposition of a case involving a child who is adjudicated delinquent.

      (b) Except as otherwise provided in NRS 62E.700 and 62E.705, do not apply to the disposition of a case involving a child who is found to have committed a minor traffic offense.

      2.  If a child is adjudicated delinquent:

      (a) The juvenile court may issue any orders or take any actions set forth in NRS 62E.500 to 62E.730, inclusive, and sections 14.5 to 17, inclusive, of this act that the juvenile court deems proper for the disposition of the case; and

      (b) If required by a specific statute, the juvenile court shall issue the appropriate orders or take the appropriate actions set forth in the statute.

      Sec. 20. NRS 62E.513 is hereby amended to read as follows:

      62E.513  1.  Each child who is adjudicated delinquent and committed by the juvenile court to a regional facility for the [detention] treatment and rehabilitation of children or state facility for the detention of children or ordered by the juvenile court to be placed in a facility for the detention of children pursuant to NRS 62E.710 must be screened to determine whether the child is in need of mental health services or is an abuser of alcohol or drugs [.] once every 6 months or when significant changes to the child’s case plan developed pursuant to section 16 or 17 of this act, as applicable, are made.

      2.  The facility to which the child is committed or in which the child is placed shall cause the screening required pursuant to subsection 1 to be conducted as soon as practicable after the child has been committed to or placed in the facility.

 


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      3.  The method for conducting the screening required pursuant to subsection 1 must satisfy the requirements of NRS 62E.516.

      Sec. 21. NRS 62E.516 is hereby amended to read as follows:

      62E.516  1.  Each local facility for the detention of children [and regional facility for the detention of children] shall conduct the screening required pursuant to NRS 62C.035 [and 62E.513] using a method that has been approved by the Division of Child and Family Services. The Division shall approve a method upon determining that the method is:

      (a) Based on research; and

      (b) Reliable and valid for identifying a child who is in need of mental health services or who is an abuser of alcohol or other drugs.

      2.  Each local facility for the detention of children [and regional facility for the detention of children] shall submit its method for conducting the screening required pursuant to NRS 62C.035 [and 62E.513] to the Division of Child and Family Services for approval on or before July 1 of each fifth year after the date on which the method was initially approved by the Division. Before a local facility for the detention of children [or regional facility for the detention of children] may begin using a new method for conducting the screening required pursuant to NRS 62C.035 , [and 62E.513,] the facility must obtain approval of the method from the Division pursuant to subsection 1.

      3.  If the Division of Child and Family Services does not approve a method for conducting the screening required pursuant to NRS 62C.035 [and 62E.513] that is submitted by a local facility for the detention of children , [or a regional facility for the detention of children,] and the facility does not submit a new method for conducting the screening for approval within 90 days after the denial, the Division of Child and Family Services shall notify the appropriate board of county commissioners or other governing body which administers the facility and the chief judge of the appropriate judicial district that the facility has not received approval of its method for conducting the screening as required by this section.

      4.  Upon receiving the notice required by subsection 3, the appropriate board of county commissioners or governing body and the chief judge shall take appropriate action to ensure that the facility complies with the requirements of this section and NRS 62C.035 . [and 62E.513.]

      5.  Each regional facility for the treatment and rehabilitation of children shall conduct the screening required pursuant to NRS 62E.513 using the assessment tool that has been approved by the Commission pursuant to section 5 of this act.

      6.  Each state facility for the detention of children shall use [a method] the assessment tool for conducting the screening required pursuant to NRS 62E.513 [that satisfies] selected by the [requirements of paragraphs (a) and (b)] Commission pursuant to section 5 of [subsection 1. The Division of Child and Family Services shall review the method used by each state facility for the detention of children at least once every 5 years to ensure the method used by the facility continues to satisfy the requirements of paragraphs (a) and (b) of subsection 1.

      6.]this act.

      7.  The Division of Child and Family Services shall adopt such regulations as are necessary to carry out the provisions of this section and NRS 62C.035 and 62E.513, including, without limitation, regulations prescribing the requirements for:

 


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      (a) Transmitting information obtained from the screening conducted pursuant to NRS 62C.035 and 62E.513; and

      (b) Protecting the confidentiality of information obtained from such screening.

      Sec. 21.5. NRS 62E.520 is hereby amended to read as follows:

      62E.520  1.  The juvenile court may commit a delinquent child to the custody of the Division of Child and Family Services for [suitable] placement in a correctional or institutional facility if:

      (a) The child is at least 8 years of age but less than 12 years of age, and the juvenile court finds that the child is in need of placement in a correctional or institutional facility; or

      (b) The child is at least 12 years of age but less than 18 years of age, and the juvenile court finds that the child:

             (1) Is in need of placement in a correctional or institutional facility; [and] or

             (2) Is in need of residential psychiatric services or other residential services for the mental health of the child.

      2.  Before the juvenile court commits a delinquent child to the custody of the Division of Child and Family Services, the juvenile court shall:

      (a) Notify the Division at least 3 working days before the juvenile court holds a hearing to consider such a commitment; and

      (b) At the request of the Division, provide the Division with not more than 10 working days within which to:

             (1) Investigate the child and the circumstances of the child; and

             (2) Recommend a suitable placement to the juvenile court.

      Sec. 22. Chapter 62H of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Division of Child and Family Services shall annually analyze the information submitted to the Division pursuant to NRS 62H.210 to determine:

      (a) Juvenile justice system trends, including, without limitation, referrals to the juvenile justice system, diversion and disposition of cases, levels of supervision provided to children, placement of children and programs and services offered to children;

      (b) Whether children of racial or ethnic minorities or children from economically disadvantaged backgrounds are receiving disparate treatment in the juvenile justice system;

      (c) The effectiveness of the different levels of supervision in the juvenile justice system;

      (d) The effectiveness of services provided by the juvenile justice system, including, without limitation, the effectiveness of the evidence-based standards developed by the Commission pursuant to section 6 of this act; and

      (e) The rates of recidivism for children either supervised by local juvenile probation departments or committed to the Division.

      2.  On or before January 31 of each year, the Division shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report detailing the information compiled pursuant to subsection 1.

 


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      Sec. 23. NRS 62H.025 is hereby amended to read as follows:

      62H.025  1.  Juvenile justice information is confidential and may only be released in accordance with the provisions of this section or as expressly authorized by other federal or state law.

      2.  For the purpose of ensuring the safety, permanent placement, rehabilitation, educational success and well-being of a child or the safety of the public, a juvenile justice agency may release juvenile justice information to:

      (a) A director of juvenile services or his or her designee;

      (b) The Chief of the Youth Parole Bureau or his or her designee;

      (c) The Chief Parole and Probation Officer or his or her designee;

      (d) The Director of the Department of Corrections or his or her designee;

      (e) A district attorney or his or her designee;

      [(d)](f) An attorney representing the child;

      [(e)](g) The director, chief or sheriff of a state or local law enforcement agency or his or her designee;

      (h) The director of a state or local agency which administers juvenile justice or his or her designee;

      [(f)](i) A director of a state [, regional] or local facility for the detention of children or regional facility for the treatment and rehabilitation of children or his or her designee;

      [(g)](j) The director of an agency which provides child welfare services or his or her designee;

      [(h)](k) The director of an agency which provides mental health services or his or her designee;

      (l) A guardian ad litem or court appointed special advocate who represents the child;

      [(i)](m) A parent or guardian of the child;

      [(j)](n) The child to whom the juvenile justice information pertains if the child has reached the age of majority, or a person who presents a release that is signed by the child who has reached the age of majority and which specifies the juvenile justice information to be released and the purpose for the release;

      [(k)](o) A school district, if the juvenile justice agency and the school district have entered into a written agreement to share juvenile justice information for a purpose consistent with the purposes of this section;

      [(l)](p) A person or organization who has entered into a written agreement with the juvenile justice agency to provide assessments or juvenile justice services;

      [(m)](q) A person engaged in bona fide research that may be used to improve juvenile justice services or secure additional funding for juvenile justice services if the juvenile justice information is provided in the aggregate and without any personal identifying information; or

      [(n)](r) A person who is authorized by a court order to receive the juvenile justice information, if the juvenile justice agency was provided with notice and opportunity to be heard before the issuance of the order.

      3.  A juvenile justice agency may deny a request for juvenile justice information if:

      (a) The request does not, in accordance with the purposes of this section, demonstrate good cause for the release of the information; or

 


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      (b) The release of the information would cause material harm to the child or would prejudice any court proceeding to which the child is subject.

Ê A denial pursuant to this subsection must be made in writing to the person requesting the information not later than 5 business days after receipt of the request.

      4.  Any juvenile justice information provided pursuant to this section may not be used to deny a child access to any service for which the child would otherwise be eligible, including, without limitation:

      (a) Educational services;

      (b) Social services;

      (c) Mental health services;

      (d) Medical services; or

      (e) Legal services.

      5.  Except as otherwise provided in this subsection, any person who is provided with juvenile justice information pursuant to this section and who further disseminates the information or makes the information public is guilty of a gross misdemeanor. This subsection does not apply to:

      (a) A district attorney who uses the information solely for the purpose of initiating legal proceedings; or

      (b) A person or organization described in subsection 2 who provides a report concerning juvenile justice information to a court or other party pursuant to this title or chapter 432B of NRS.

      6.  As used in this section:

      (a) “Juvenile justice agency” means the Youth Parole Bureau or a director of juvenile services.

      (b) “Juvenile justice information” means any information which is directly related to a child in need of supervision, a delinquent child or any other child who is otherwise subject to the jurisdiction of the juvenile court.

      Sec. 24. NRS 62H.200 is hereby amended to read as follows:

      62H.200  1.  The Division of Child and Family Services shall:

      (a) Establish a standardized system for the reporting, collection, analysis, maintenance and retrieval of information concerning juvenile justice in this State.

      (b) Be responsible for the retrieval and analysis of the categories of information contained in the standardized system and the development of any reports from that information.

      (c) Adopt such regulations as are necessary to carry out the provisions of this section, including requirements for the transmittal of information to the standardized system from the juvenile courts, local juvenile probation departments and the staff of the youth correctional services, as directed by the Department of Health and Human Services.

      (d) Adopt such regulations as are necessary to implement the performance measures and evidence-based standards developed by the Commission pursuant to sections 5 and 6 of this act.

      2.  Each juvenile court and local juvenile probation department and the staff of the youth correctional services, as directed by the Department of Health and Human Services, shall comply with the regulations adopted pursuant to this section.

      3.  The Division of Child and Family Services may withhold state money from a juvenile court or department of juvenile services that does not comply with the regulations adopted pursuant to this section. Before any money is withheld, the Division shall:

 


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      (a) Notify the department of juvenile services of the specific provisions of the regulations adopted pursuant to this section with which the department is not in compliance;

      (b) Require the department of juvenile services to submit a corrective action plan to the Division within 60 days after receiving such a notice of noncompliance; and

      (c) If the department of juvenile services does not submit or adhere to a corrective action plan, notify the department that money will be withheld and specify the amount thereof.

      Sec. 25. NRS 62H.210 is hereby amended to read as follows:

      62H.210  1.  Except as otherwise provided in subsection 3, the standardized system established pursuant to NRS 62H.200 must collect, categorize and maintain the following information from the juvenile courts, local juvenile probation departments , the staff of regional facilities for the treatment and rehabilitation of children and the staff of the youth correctional services, as directed by the Department of Health and Human Services, regarding each child referred to the system of juvenile justice in this State:

      (a) [A unique number] Any unique identifying information assigned to the child ; [for identification;]

      (b) Basic demographic information regarding the child, including, but not limited to:

             (1) The age, sex and race or other ethnic background of the child;

             (2) The composition of the household in which the child resides; and

             (3) The economic and educational background of the child;

      (c) The charges for which the child is referred [;] , including, without limitation, any charges of violations of probation or parole;

      (d) The dates of any detention of the child;

      (e) The nature of the disposition of each referral of the child;

      (f) The dates any petitions are filed regarding the child, and the charges set forth in those petitions; [and]

      (g) The disposition of any petitions filed regarding the child, including any applicable findings [.] ;

      (h) The assessed risks and needs of the child;

      (i) The supervision of the child, including, without limitation, whether the child was placed in a residential facility; and

      (j) Any programs and services provided to the child.

      2.  In addition to the information required pursuant to subsection 1 and except as otherwise provided in subsection 3, the Department of Health and Human Services shall require the staff of regional facilities for the treatment and rehabilitation of children and the staff of the youth correctional services to collect and transmit the following information to the standardized system regarding each child committed to or otherwise placed in the custody of the Division of Child and Family Services:

      (a) A record of each placement of the child, including, but not limited to, the location and period of each placement and the programs and services provided to the child during each placement;

      (b) Any disciplinary action taken against the child during the child’s placement;

      (c) Any education or vocational training provided to the child during the child’s placement and the educational and employment status of the child after release of the child on parole;

 


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      (d) The dates of each release of the child, including any release of the child on parole;

      [(c)](e) If the child is released on parole, the period of each release and the services provided to the child during each release; and

      [(d)](f) The nature of or reason for each discharge of the child from the custody of the regional facility for the treatment and rehabilitation of children or the Division of Child and Family Services.

      3.  The information maintained in the standardized system must not include the name or address of any person.

      Sec. 26. Chapter 63 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Youth Parole Bureau shall establish policies and procedures to be used by parole officers and juvenile courts in determining the most appropriate response to a child’s violation of the terms and conditions of his or her parole. The policies and procedures must:

      1.  Establish a sliding scale based on the severity of the violation to determine the appropriate response to the child;

      2.  Require that a response to a child’s violation of the terms and conditions of his or her parole timely take into consideration:

      (a) The risk of the child to reoffend, as determined by the results of a risk and needs assessment;

      (b) The previous history of violations of the child;

      (c) The severity of the current violation of the child;

      (d) The child’s case plan; and

      (e) The previous responses by the child to past violations; and

      3.  Include incentives that encourage compliance with the terms and conditions of a child’s parole.

      Sec. 27. NRS 63.715 is hereby amended to read as follows:

      63.715  1.  A county that receives approval to carry out the provisions of NRS 63.700 to 63.780, inclusive, and section 26 of this act and an exemption from the assessment imposed pursuant to NRS 62B.165 shall:

      (a) Carry out the provisions of NRS 63.700 to 63.780, inclusive [;] , and section 26 of this act; and

      (b) Appoint a person to act in the place of the Chief of the Youth Parole Bureau in carrying out those provisions.

      2.  When a person is appointed by the county to act in the place of the Chief of the Youth Parole Bureau pursuant to subsection 1, the person so appointed shall be deemed to be the Chief of the Youth Parole Bureau for the purposes of NRS 63.700 to 63.780, inclusive [.] , and section 26 of this act.

      Sec. 28. NRS 63.770 is hereby amended to read as follows:

      63.770  1.  A petition may be filed with the juvenile court to request that the parole of a child be suspended, modified or revoked.

      2.  Pending a hearing, the juvenile court may order that the child be held in the local [or regional] facility for the detention of children [.] or committed to the regional facility for the treatment and rehabilitation of children.

      3.  If the child is held in a local [or regional] facility for the detention of children or committed to a regional facility for the treatment and rehabilitation of children pending a hearing, the Youth Parole Bureau may pay all actual and reasonably necessary costs for the confinement of the child in the local [or regional] facility or the commitment of the child to the regional facility to the extent that money is available for that purpose.

 


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      4.  If requested, the juvenile court shall allow the child reasonable time to prepare for the hearing.

      5.  The juvenile court shall render a decision within 10 days after the conclusion of the hearing.

      6.  The juvenile court shall consider the policies and procedures adopted by the Youth Parole Bureau pursuant to section 26 of this act and, in determining whether to suspend, modify or revoke the parole of the child, consider the adherence of the Youth Parole Bureau to such policies and procedures.

      Sec. 29. NRS 63.780 is hereby amended to read as follows:

      63.780  1.  The Chief of the Youth Parole Bureau may recommend to the juvenile court that a child’s parole be revoked and that the child be committed to a facility only if the Chief or his or her designee has determined that:

      (a) The child poses a risk to public safety, and the policies and procedures adopted by the Youth Parole Bureau pursuant to section 26 of this act recommend such a revocation; or

      (b) The other responses set forth in such policies and procedures would not be appropriate for the child.

      2.  The Chief of the Youth Parole Bureau may not recommend to the juvenile court that a child’s parole be revoked and that the child be committed to a facility [unless] if the superintendent of the facility determines that:

      [1.](a) There is not adequate room or resources in the facility to provide the necessary care;

      [2.](b) There is not adequate money available for the support of the facility; or

      [3.](c) The child is not suitable for admission to the facility.

      Sec. 29.5. NRS 354.557 is hereby amended to read as follows:

      354.557  “Regional facility” means a facility that is used by each county that levies a tax ad valorem for its operation pursuant to NRS 354.59818 and provides services related to public safety, health or criminal justice. The term includes a regional facility for the [detention] treatment and rehabilitation of children for which an assessment is paid pursuant to NRS 62B.160.

      Sec. 30.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 31.  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. 32.  The Governor shall appoint the members of the Juvenile Justice Oversight Commission established by section 4 of this act and the Advisory Committee to the Commission established by section 4.5 of this act on or before September 1, 2017.

      Sec. 33. NRS 62H.230 is hereby repealed.

      Sec. 34.  1.  This section and sections 1 to 32, inclusive, of this act become effective on July 1, 2017.

      2.  Section 33 of this act becomes effective on July 1, 2018.

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CHAPTER 605, AB 474

Assembly Bill No. 474–Committee on Health and Human Services

 

CHAPTER 605

 

[Approved: June 16, 2017]

 

AN ACT relating to drugs; requiring certain persons to make a report of a drug overdose or suspected drug overdose; revising provisions concerning the computerized program to track each prescription for a controlled substance; revising provisions governing the accessibility of health care records in certain investigations; requiring an occupational licensing board that licenses certain practitioners who are authorized to prescribe controlled substances to review and evaluate information and impose disciplinary action in certain circumstances; authorizing such an occupational licensing board to suspend the authority of a practitioner to prescribe, administer or dispense a controlled substance in certain circumstances; imposing certain requirements concerning the prescription of a controlled substance; revising the required contents of certain written prescriptions; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires certain providers of health care to report to the local health authority if a person has or is suspected of having a communicable disease. (NRS 441A.150) Each health authority is required to make a weekly report to the Chief Medical Officer of all cases or suspected cases of communicable diseases reported to the health authority. (NRS 441A.170) Sections 1, 3, 5 and 6 of this bill require similar reports to be made directly to the Chief Medical Officer concerning cases or suspected cases of drug overdose. Section 6 makes it a misdemeanor for a provider of health care to willfully fail, neglect or refuse to make such a report.

      Existing law requires the State Board of Pharmacy and the Investigation Division of the Department of Public Safety to cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III or IV. (NRS 453.162) Section 7 of this bill requires that program to include certain information relating to each prescription of such a controlled substance.

      Existing law requires any practitioner or person who dispenses a controlled substance or proposes to engage in such dispensing to obtain a registration from the State Board of Pharmacy. (NRS 453.226) Existing law requires each registered person to upload certain information to the database of the computerized program after dispensing a controlled substance listed in schedule II, III or IV. (NRS 453.163) Sections 8 and 9 of this bill clarify that the requirement to upload such information applies to a controlled substance listed in schedule II, III or IV that is dispensed for human consumption. Section 9 also authorizes certain occupational licensing boards to access the database to investigate the fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance. Section 11 of this bill requires a person to present proof that he or she has access to the database of the program before the Board may issue or renew a registration to prescribe a controlled substance.

      Sections 13 and 62 of this bill revise provisions governing the accessibility of health care records in certain investigations.

      Sections 15, 22, 28, 33, 40 and 45 of this bill require certain occupational licensing boards that receive a complaint or information that indicates the fraudulent, illegal, unauthorized or inappropriate prescribing or use of a controlled substance listed in schedule II, III or IV to take certain measures to review and evaluate the information and impose disciplinary action upon a licensee if it determines that a violation has occurred.

 


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information and impose disciplinary action upon a licensee if it determines that a violation has occurred. Sections 20, 26, 38 and 49 of this bill clarify that such measures must be taken before a formal investigation commences. Sections 16, 23, 29, 34, 41 and 46 of this bill establish procedures by which such occupational licensing boards may summarily suspend a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV.

      Existing law authorizes certain occupational licensing boards to require licensees who are registered to dispense controlled substances to complete at least 1 hour of training relating specifically to the misuse and abuse of controlled substances. (NRS 630.2535, 631.344, 632.2375, 633.473, 635.116, 636.2881) Sections 17, 24, 30, 35, 42 and 47 of this bill instead: (1) increase the required training to 2 hours; and (2) add to the list of authorized topics for training to satisfy that requirement training relating specifically to the prescribing of opioids or addiction.

      Section 52 of this bill requires a practitioner, other than a veterinarian, who intends to prescribe or dispense more than certain quantities of a controlled substance listed in schedule II, III or IV for the treatment of pain to document in the medical record of the patient the reasons for prescribing or dispensing that quantity. Section 53 of this bill requires a practitioner, other than a veterinarian, to have established a bona fide relationship with a patient and to take certain actions, including performing an evaluation and risk assessment, creating a treatment plan and obtaining the informed written consent of the patient, before initiating a prescription for a controlled substance listed in schedule II, III or IV for the treatment of pain for the patient. Section 54 of this bill prescribes requirements concerning such an evaluation and risk assessment and for obtaining the informed written consent.

      Section 55 of this bill requires a practitioner, other than a veterinarian, to take certain actions before issuing a prescription for a controlled substance listed in schedule II, III or IV to continue the treatment of pain of a patient who has used the controlled substance for 90 consecutive days or longer. Section 56 of this bill requires a practitioner, other than a veterinarian, who intends to prescribe a controlled substance listed in schedule II, III or IV for more than 30 days for the treatment of pain to enter into a prescription medication agreement with the patient. Section 57 of this bill requires a practitioner, other than a veterinarian, to consider certain factors before prescribing a controlled substance listed in schedule II, III or IV.

      Section 58 of this bill authorizes the State Board of Pharmacy to adopt any regulations necessary to enforce the provisions of this bill concerning the prescription of a controlled substance listed in schedule II, III or IV for the treatment of pain. Section 58 also provides that a person who violates those provisions or regulations is not guilty of a misdemeanor but is subject to professional discipline. Sections 15, 22, 28, 33, 40 and 45 require an occupational licensing board that licenses practitioners who prescribe controlled substances listed in schedule II, III or IV to adopt regulations establishing disciplinary action for prescribing such a controlled substance inappropriately or in violation of the provisions of this bill concerning the prescribing of such a controlled substance for the treatment of pain. Sections 18, 25, 31, 36, 43 and 48 of this bill authorize the imposition of disciplinary action in such circumstances.

      Existing law requires a practitioner to obtain a patient utilization report from the computerized program established by the Board and the Investigation Division before initiating a prescription for a controlled substance listed in schedule II, III or IV. (NRS 639.23507) Section 60 of this bill: (1) clarifies that this requirement does not apply to veterinarians; (2) additionally requires a practitioner, other than a veterinarian, to obtain such a report at least every 90 days for the duration of the prescription; and (3) requires a practitioner, other than a veterinarian, to make certain determinations based on the report. Section 61 of this bill revises the required contents of a written prescription.

 


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ê2017 Statutes of Nevada, Page 4401 (Chapter 605, AB 474)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 441A.120 is hereby amended to read as follows:

      441A.120  1.  The Board shall adopt regulations governing the control of communicable diseases in this State, including regulations specifically relating to the control of such diseases in educational, medical and correctional institutions. The regulations must specify:

      (a) The diseases which are known to be communicable.

      (b) The communicable diseases which are known to be sexually transmitted.

      (c) The procedures for investigating and reporting cases or suspected cases of communicable diseases, including the time within which these actions must be taken.

      (d) For each communicable disease, the procedures for testing, treating, isolating and quarantining a person or group of persons who have been exposed to or have or are suspected of having the disease.

      (e) A method for ensuring that any testing, treatment, isolation or quarantine of a person or a group of persons pursuant to this chapter is carried out in the least restrictive manner or environment that is appropriate and acceptable under current medical and public health practices.

      2.  The Board shall adopt regulations governing the procedures for reporting cases or suspected cases of drug overdose to the Chief Medical Officer or his or her designee, including the time within which such reports must be made and the information that such reports must include.

      3.  The duties set forth in the regulations adopted by the Board pursuant to [this section] subsection 1 must be performed by:

      (a) In a district in which there is a district health officer, the district health officer or the district health officer’s designee; or

      (b) In any other area of the State, the Chief Medical Officer or the Chief Medical Officer’s designee.

      Sec. 2. (Deleted by amendment.)

      Sec. 3. NRS 441A.150 is hereby amended to read as follows:

      441A.150  1.  A provider of health care who knows of, or provides services to, a person who has or is suspected of having a communicable disease shall report that fact to the health authority in the manner prescribed by the regulations of the Board. If no provider of health care is providing services, each person having knowledge that another person has a communicable disease shall report that fact to the health authority in the manner prescribed by the regulations of the Board.

      2.  A provider of health care who knows of, or provides services to, a person who has suffered or is suspected of having suffered a drug overdose shall report that fact to the Chief Medical Officer or his or her designee in the manner prescribed by the regulations of the Board.

      3.  A medical facility in which more than one provider of health care may know of, or provide services to, a person who has or is suspected of having a communicable disease or who has suffered or is suspected of having suffered a drug overdose shall establish administrative procedures to ensure that the health authority or Chief Medical Officer or his or her designee, as applicable, is notified.

 


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      [3.]4.  A laboratory director shall, in the manner prescribed by the Board, notify the health authority of the identification by his or her medical laboratory of the presence of any communicable disease in the jurisdiction of that health authority. The health authority shall not presume a diagnosis of a communicable disease on the basis of the notification received from the laboratory director.

      [4.]5.  If more than one medical laboratory is involved in testing a specimen, the laboratory that is responsible for reporting the results of the testing directly to the provider of health care for the patient shall also be responsible for reporting to the health authority.

      Sec. 4. (Deleted by amendment.)

      Sec. 5. NRS 441A.220 is hereby amended to read as follows:

      441A.220  All information of a personal nature about any person provided by any other person reporting a case or suspected case of a communicable disease [,] or drug overdose, or by any person who has a communicable disease [,] or has suffered a drug overdose, or as determined by investigation of the health authority, is confidential medical information and must not be disclosed to any person under any circumstances, including pursuant to any subpoena, search warrant or discovery proceeding, except:

      1.  As otherwise provided in NRS 439.538.

      2.  For statistical purposes, provided that the identity of the person is not discernible from the information disclosed.

      3.  In a prosecution for a violation of this chapter.

      4.  In a proceeding for an injunction brought pursuant to this chapter.

      5.  In reporting the actual or suspected abuse or neglect of a child or elderly person.

      6.  To any person who has a medical need to know the information for his or her own protection or for the well-being of a patient or dependent person, as determined by the health authority in accordance with regulations of the Board.

      7.  If the person who is the subject of the information consents in writing to the disclosure.

      8.  Pursuant to subsection 4 of NRS 441A.320 or NRS 629.069.

      9.  If the disclosure is made to the Department of Health and Human Services and the person about whom the disclosure is made has been diagnosed as having acquired immunodeficiency syndrome or an illness related to the human immunodeficiency virus and is a recipient of or an applicant for Medicaid.

      10.  To a firefighter, police officer or person providing emergency medical services if the Board has determined that the information relates to a communicable disease significantly related to that occupation. The information must be disclosed in the manner prescribed by the Board.

      11.  If the disclosure is authorized or required by NRS 239.0115 or another specific statute.

      Sec. 6. NRS 441A.920 is hereby amended to read as follows:

      441A.920  Every provider of health care, medical facility or medical laboratory that willfully fails, neglects or refuses to comply with any regulation of the Board relating to the reporting of a communicable disease or drug overdose or any requirement of this chapter is guilty of a misdemeanor and, in addition, may be subject to an administrative fine of $1,000 for each violation, as determined by the Board.

 


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      Sec. 7. NRS 453.162 is hereby amended to read as follows:

      453.162  1.  The Board and the Division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III or IV that is filled by a pharmacy that is registered with the Board or that is dispensed by a practitioner who is registered with the Board. The program must:

      (a) Be designed to provide information regarding:

             (1) The inappropriate use by a patient of controlled substances listed in schedules II, III and IV to pharmacies, practitioners and appropriate state and local governmental agencies, including, without limitation, law enforcement agencies and occupational licensing boards, to prevent the improper or illegal use of those controlled substances; and

             (2) Statistical data relating to the use of those controlled substances that is not specific to a particular patient.

      (b) Be administered by the Board, the Investigation Division, the Division of Public and Behavioral Health of the Department and various practitioners, representatives of professional associations for practitioners, representatives of occupational licensing boards and prosecuting attorneys selected by the Board and the Investigation Division.

      (c) Not infringe on the legal use of a controlled substance for the management of severe or intractable pain.

      (d) Include the contact information of each person who is required to access the database of the program pursuant to NRS 453.164, including, without limitation:

             (1) The name of the person;

             (2) The physical address of the person;

             (3) The telephone number of the person; and

             (4) If the person maintains an electronic mail address, the electronic mail address of the person.

      (e) Include, for each prescription of a controlled substance listed in schedule II, III or IV:

             (1) The fewest number of days necessary to consume the quantity of the controlled substance dispensed to the patient if the patient consumes the maximum dose of the controlled substance authorized by the prescribing practitioner;

             (2) Each state in which the patient to whom the controlled substance was prescribed has previously resided or filled a prescription for a controlled substance listed in schedule II, III or IV; and

             (3) The code established in the International Classification of Diseases, Tenth Revision, Clinical Modification, adopted by the National Center for Health Statistics and the Centers for Medicare and Medicaid Services, or the code used in any successor classification system adopted by the National Center for Health Statistics and the Centers for Medicare and Medicaid Services, that corresponds to the diagnosis for which the controlled substance was prescribed.

      (f) To the extent that money is available, include:

             (1) A means by which a practitioner may designate in the database of the program that he or she suspects that a patient is seeking a prescription for a controlled substance for an improper or illegal purpose. If the Board reviews the designation and determines that such a designation is warranted, the Board shall inform pharmacies, practitioners and appropriate state agencies that the patient is seeking a prescription for a controlled substance for an improper or illegal purpose as described in subparagraph (1) of paragraph (a).

 


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agencies that the patient is seeking a prescription for a controlled substance for an improper or illegal purpose as described in subparagraph (1) of paragraph (a).

             (2) The ability to integrate the records of patients in the database of the program with the electronic health records of practitioners.

      2.  The Board, the Division and each employee thereof are immune from civil and criminal liability for any action relating to the collection, maintenance and transmission of information pursuant to this section and NRS 453.163 and 453.164 if a good faith effort is made to comply with applicable laws and regulations.

      3.  The Board and the Division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.

      Sec. 8. NRS 453.163 is hereby amended to read as follows:

      453.163  1.  Except as otherwise provided in this subsection, each person registered pursuant to this chapter to dispense a controlled substance listed in schedule II, III or IV for human consumption shall, not later than the end of the next business day after dispensing a controlled substance, upload to the database of the program established pursuant to NRS 453.162 the information described in paragraph (d) of subsection 1 of NRS 453.162. The requirements of this subsection do not apply if the controlled substance is administered directly by a practitioner to a patient in a health care facility, as defined in NRS 439.960, a child who is a resident in a child care facility, as defined in NRS 432A.024, or a prisoner, as defined in NRS 208.085. The Board shall establish by regulation and impose administrative penalties for the failure to upload information pursuant to this subsection.

      2.  The Board and the Division may cooperatively enter into a written agreement with an agency of any other state to provide, receive or exchange information obtained by the program with a program established in that state which is substantially similar to the program established pursuant to NRS 453.162, including, without limitation, providing such state access to the database of the program or transmitting information to and receiving information from such state. Any information provided, received or exchanged as part of an agreement made pursuant to this section may only be used in accordance with the provisions of this chapter.

      3.  A practitioner who is authorized to write prescriptions for and each person who is authorized to dispense controlled substances listed in schedule II, III or IV for human consumption who makes a good faith effort to comply with applicable laws and regulations when transmitting to the Board or the Division a report or information required by this section or NRS 453.162 or 453.164, or a regulation adopted pursuant thereto, is immune from civil and criminal liability relating to such action.

      Sec. 9. NRS 453.164 is hereby amended to read as follows:

      453.164  1.  The Board shall provide Internet access to the database of the program established pursuant to NRS 453.162 to an occupational licensing board that licenses any practitioner who is authorized to write prescriptions for human consumption of controlled substances listed in schedule II, III or IV. An occupational licensing board that is provided access to the database pursuant to this section may access the database to investigate a complaint, report or other information that indicates fraudulent, illegal, unauthorized or otherwise inappropriate activity related to the prescribing, dispensing or use of a controlled substance.

 


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      2.  The Board and the Division must have access to the program established pursuant to NRS 453.162 to identify any suspected fraudulent , [or] illegal , unauthorized or otherwise inappropriate activity related to the prescribing, dispensing or use of controlled substances.

      3.  [The] Except as otherwise provided in subsection 4, the Board or the Division shall report any activity it reasonably suspects may:

      (a) [Be] Indicate fraudulent , [or] illegal , unauthorized or otherwise inappropriate activity related to the prescribing, dispensing or use of a controlled substance to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with the relevant information obtained from the program for further investigation.

      (b) Indicate the inappropriate use by a patient of a controlled substance to the occupational licensing board of each practitioner who has prescribed the controlled substance to the patient. The occupational licensing board may access the database of the program established pursuant to NRS 453.162 to determine which practitioners are prescribing the controlled substance to the patient. The occupational licensing board may use this information for any purpose it deems necessary, including, without limitation, alerting a practitioner that a patient may be fraudulently obtaining a controlled substance or determining whether a practitioner is engaged in unlawful or unprofessional conduct. [This paragraph shall not be construed to require an occupational licensing board to conduct an investigation or take any action against a practitioner upon receiving information from the Board or the Division.]

      4.  The Board or Division may withhold any report required by subsection 3 if the Board determines that doing so is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

      5.  The Board and the Division shall cooperatively develop a course of training for persons who are required to receive access to the database of the program pursuant to subsection [6] 7 and require each such person to complete the course of training before the person is provided with Internet access to the database.

      [5.]6.  Each practitioner who is authorized to write prescriptions for and each person who is authorized to dispense controlled substances listed in schedule II, III or IV for human consumption shall complete the course of instruction described in subsection [4.] 5. The Board shall provide Internet access to the database to each such practitioner or other person who completes the course of instruction.

      [6.]7.  Each practitioner who is authorized to write prescriptions for human consumption of controlled substances listed in schedule II, III or IV shall, to the extent the program allows, access the database of the program established pursuant to NRS 453.162 at least once each 6 months to:

      (a) Review the information concerning the practitioner that is listed in the database , including, without limitation, information concerning prescriptions issued by the practitioner, and notify the Board if any such information is not correct; and

      (b) Verify to the Board that he or she continues to have access to and has accessed the database as required by this subsection.

 


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      [7.]8.  Information obtained from the program relating to a practitioner or a patient is confidential and, except as otherwise provided by this section and NRS 239.0115, 453.162 and 453.163, must not be disclosed to any person. That information must be disclosed:

      (a) Upon the request of a person about whom the information requested concerns or upon the request on behalf of that person by his or her attorney; or

      (b) Upon the lawful order of a court of competent jurisdiction.

      [8.]9.  If the Board, the Division or a law enforcement agency determines that the database of the program has been intentionally accessed by a person or for a purpose not authorized pursuant to NRS 453.162 to 453.165, inclusive, the Board, Division or law enforcement agency, as applicable, must notify any person whose information was accessed by an unauthorized person or for an unauthorized purpose.

      Sec. 10. NRS 453.165 is hereby amended to read as follows:

      453.165  1.  Except as otherwise provided in this section, the Board shall allow a law enforcement officer to have Internet access to the database of the computerized program developed pursuant to NRS 453.162 if:

      (a) The primary responsibility of the law enforcement officer is to conduct investigations of crimes relating to prescription drugs;

      (b) The law enforcement officer has been approved by his or her employer to have such access;

      (c) The law enforcement officer has completed the course of training developed pursuant to subsection [4] 5 of NRS 453.164; and

      (d) The employer of the law enforcement officer has submitted the certification required pursuant to subsection 2 to the Board.

      2.  Before a law enforcement officer may be given access to the database pursuant to subsection 1, the employer of the officer must certify to the Board that the law enforcement officer has been approved to be given such access and meets the requirements of subsection 1. Such certification must be made on a form provided by the Board and renewed annually.

      3.  When a law enforcement officer accesses the database of the computerized program pursuant to this section, the officer must enter a unique user name assigned to the officer and the case number corresponding to the investigation being conducted by the officer.

      4.  A law enforcement officer who is given access to the database of the computerized program pursuant to subsection 1 may access the database to investigate a crime related to prescription drugs and for no other purpose.

      5.  The employer of a law enforcement officer who is provided access to the database of the computerized program pursuant to this section shall monitor the use of the database by the law enforcement officer and establish appropriate disciplinary action to take against an officer who violates the provisions of this section.

      6.  The Board or the Division may suspend or terminate access to the database of the computerized program pursuant to this section if a law enforcement officer or his or her employer violates any provision of this section.

      7.  As used in this section, “law enforcement officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

 


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      Sec. 11. NRS 453.226 is hereby amended to read as follows:

      453.226  1.  Every practitioner or other person who dispenses any controlled substance within this State or who proposes to engage in the dispensing of any controlled substance within this State shall obtain biennially a registration issued by the Board in accordance with its regulations. A person must present proof that he or she is authorized to access the database of the program established pursuant to NRS 453.162 before the Board may issue or renew a registration.

      2.  A person registered by the Board in accordance with the provisions of NRS 453.011 to 453.552, inclusive, to dispense or conduct research with controlled substances may possess, dispense or conduct research with those substances to the extent authorized by the registration and in conformity with the other provisions of those sections.

      3.  The following persons are not required to register and may lawfully possess and distribute controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive:

      (a) An agent or employee of a registered dispenser of a controlled substance if he or she is acting in the usual course of his or her business or employment;

      (b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;

      (c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, advanced practice registered nurse, podiatric physician or veterinarian or in lawful possession of a schedule V substance; or

      (d) A physician who:

             (1) Holds a locum tenens license issued by the Board of Medical Examiners or a temporary license issued by the State Board of Osteopathic Medicine; and

             (2) Is registered with the Drug Enforcement Administration at a location outside this State.

      4.  The Board may waive the requirement for registration of certain dispensers if it finds it consistent with the public health and safety.

      5.  A separate registration is required at each principal place of business or professional practice where the applicant dispenses controlled substances.

      6.  The Board may inspect the establishment of a registrant or applicant for registration in accordance with the Board’s regulations.

      Sec. 12. (Deleted by amendment.)

      Sec. 13. NRS 629.061 is hereby amended to read as follows:

      629.061  1.  Each provider of health care shall make the health care records of a patient available for physical inspection by:

      (a) The patient or a representative with written authorization from the patient;

      (b) The personal representative of the estate of a deceased patient;

      (c) Any trustee of a living trust created by a deceased patient;

      (d) The parent or guardian of a deceased patient who died before reaching the age of majority;

      (e) An investigator for the Attorney General or a grand jury investigating an alleged violation of NRS 200.495, 200.5091 to 200.50995, inclusive, or 422.540 to 422.570, inclusive;

 


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      (f) An investigator for the Attorney General investigating an alleged violation of NRS 616D.200, 616D.220, 616D.240 or 616D.300 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 benefits for industrial insurance; or

      (g) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.

      2.  The records described in subsection 1 must be made available at a place within the depository convenient for physical inspection. Except as otherwise provided in subsection 3, if the records are located:

      (a) Within this State, the provider shall make any records requested pursuant to this section available for inspection within 10 working days after the request.

      (b) Outside this State, the provider shall make any records requested pursuant to this section available in this State for inspection within 20 working days after the request.

      3.  If the records described in subsection 1 are requested pursuant to paragraph (e), (f) or (g) of subsection 1 and the investigator, grand jury or authorized representative, as applicable, declares that exigent circumstances exist which require the immediate production of the records, the provider shall make any records which are located:

      (a) Within this State available for inspection [within 5 working days after] at the time of the request [.] or at another reasonable time designated by the investigator, grand jury or authorized representative, as applicable.

      (b) Outside this State available for inspection within [10] 5 working days after the request.

      4.  Except as otherwise provided in subsection 5, the provider of health care shall also furnish a copy of the records to each person described in subsection 1 who requests it and pays the actual cost of postage, if any, the costs of making the copy, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health care records produced by similar processes. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy.

      5.  The provider of health care shall also furnish a copy of any records that are necessary to support a claim or appeal under any provision of the Social Security Act, 42 U.S.C. §§ 301 et seq., or under any federal or state financial needs-based benefit program, without charge, to a patient, or a representative with written authorization from the patient, who requests it, if the request is accompanied by documentation of the claim or appeal. A copying fee, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health care records produced by similar processes, may be charged by the provider of health care for furnishing a second copy of the records to support the same claim or appeal. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy. The provider of health care shall furnish the copy of the records requested pursuant to this subsection within 30 days after the date of receipt of the request, and the provider of health care shall not deny the furnishing of a copy of the records pursuant to this subsection solely because the patient is unable to pay the fees established in this subsection.

 


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ê2017 Statutes of Nevada, Page 4409 (Chapter 605, AB 474)ê

 

      6.  Each person who owns or operates an ambulance in this State shall make the records regarding a sick or injured patient available for physical inspection by:

      (a) The patient or a representative with written authorization from the patient;

      (b) The personal representative of the estate of a deceased patient;

      (c) Any trustee of a living trust created by a deceased patient;

      (d) The parent or guardian of a deceased patient who died before reaching the age of majority; or

      (e) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.

Ê The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. The person who owns or operates an ambulance shall also furnish a copy of the records to each person described in this subsection who requests it and pays the actual cost of postage, if any, and the costs of making the copy, not to exceed 60 cents per page for photocopies. No administrative fee or additional service fee of any kind may be charged for furnishing a copy of the records.

      7.  Records made available to a representative or investigator must not be used at any public hearing unless:

      (a) The patient named in the records has consented in writing to their use; or

      (b) Appropriate procedures are utilized to protect the identity of the patient from public disclosure.

      8.  Subsection 7 does not prohibit:

      (a) A state licensing board from providing to a provider of health care or owner or operator of an ambulance against whom a complaint or written allegation has been filed, or to his or her attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the provider of health care or owner or operator of an ambulance and the attorney shall keep the information confidential.

      (b) The Attorney General from using health care records in the course of a civil or criminal action against the patient or provider of health care.

      9.  A provider of health care or owner or operator of an ambulance and his or her agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.

      10.  For the purposes of this section:

      (a) “Guardian” means a person who has qualified as the guardian of a minor pursuant to testamentary or judicial appointment, but does not include a guardian ad litem.

      (b) “Living trust” means an inter vivos trust created by a natural person:

             (1) Which was revocable by the person during the lifetime of the person; and

             (2) Who was one of the beneficiaries of the trust during the lifetime of the person.

      (c) “Parent” means a natural or adoptive parent whose parental rights have not been terminated.

      (d) “Personal representative” has the meaning ascribed to it in NRS 132.265.

 


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ê2017 Statutes of Nevada, Page 4410 (Chapter 605, AB 474)ê

 

      Sec. 14. Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 and 16 of this act.

      Sec. 15. 1.  The Executive Director of the Board or his or her designee shall review and evaluate any complaint or information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:

      (a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV;

      (b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph (a); or

      (c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.

      2.  If the Executive Director of the Board or his or her designee receives information described in subsection 1 concerning the licensee, the Executive Director or his or her designee must notify the licensee as soon as practicable after receiving the information.

      3.  A review and evaluation conducted pursuant to subsection 1 must include, without limitation:

      (a) A review of relevant information contained in the database of the program established pursuant to NRS 453.162;

      (b) A requirement that the licensee who is the subject of the review and evaluation attest that he or she has complied with the requirements of NRS 639.23507 and sections 52, 53 and 57 of this act, as applicable; and

      (c) A request for additional relevant information from the licensee who is the subject of the review and evaluation.

      4.  If, after a review and evaluation conducted pursuant to subsection 1, the Executive Director or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee. If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.

      5.  When deemed appropriate, the Executive Director of the Board may:

      (a) Refer information acquired during a review and evaluation conducted pursuant to subsection 1 to another professional licensing board, law enforcement agency or other appropriate governmental entity for investigation and criminal or administrative proceedings.

      (b) Postpone any notification, review or part of such a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

 


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      6.  The Board shall adopt regulations providing for disciplinary action against a licensee for inappropriately prescribing a controlled substance listed in schedule II, III or IV or violating the provisions of sections 52 to 58, inclusive, of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto. Such disciplinary action must include, without limitation, requiring the licensee to complete additional continuing education concerning prescribing controlled substances listed in schedules II, III and IV.

      Sec. 16. 1.  If the Board determines from an investigation of a licensee that the health, safety or welfare of the public or any patient served by the licensee is at risk of imminent or continued harm because of the manner in which the licensee prescribed, administered, dispensed or used a controlled substance, the Board may summarily suspend the licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pending a determination upon the conclusion of a hearing to consider a formal complaint against the licensee. An order of summary suspension may be issued only by the Board, the President of the Board, the presiding officer of the investigative committee of the Board that conducted the investigation or the member of the Board who conducted the investigation.

      2.  If an order to summarily suspend a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV is issued pursuant to subsection 1 by the presiding officer of an investigative committee of the Board or a member of the Board, that person shall not participate in any further proceedings of the Board relating to the order.

      3.  If the Board, the presiding officer of an investigative committee of the Board or a member of the Board issues an order summarily suspending a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pursuant to subsection 1, the Board must hold a hearing to consider the formal complaint against the licensee. The Board must hold the hearing and render a decision concerning the formal complaint within 60 days after the date on which the order is issued, unless the Board and the licensee mutually agree to a longer period.

      Sec. 17. NRS 630.2535 is hereby amended to read as follows:

      630.2535  The Board [may,] shall, by regulation, require each physician or physician assistant who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least [1 hour] 2 hours of training relating specifically to the misuse and abuse of controlled substances , the prescribing of opioids or addiction during each period of licensure. Any licensee may use such training to satisfy [1 hour] 2 hours of any continuing education requirement established by the Board.

      Sec. 18. NRS 630.3062 is hereby amended to read as follows:

      630.3062  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

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

      2.  Altering medical records of a patient.

      3.  Making or filing a report which the licensee knows to be false, failing to file a record or report as required by law or knowingly or willfully obstructing or inducing another to obstruct such filing.

 


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ê2017 Statutes of Nevada, Page 4412 (Chapter 605, AB 474)ê

 

      4.  Failure to make the medical records of a patient available for inspection and copying as provided in NRS 629.061.

      5.  Failure to comply with the requirements of NRS 630.3068.

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

      7.  Failure to comply with the requirements of NRS 453.163 , [or] 453.164 [.] , 453.226 and 639.23507 and sections 52 to 58, inclusive, of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.

      8.  Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.

      Sec. 19. NRS 630.3066 is hereby amended to read as follows:

      630.3066  A physician is not subject to disciplinary action solely for:

      1.  Prescribing or administering to a patient under his or her care a controlled substance which is listed in schedule II, III, IV or V by the State Board of Pharmacy pursuant to NRS 453.146, if the controlled substance is lawfully prescribed or administered for the treatment of intractable pain in accordance with the provisions of NRS 639.23507 and sections 52 to 58, inclusive, of this act, any regulations adopted by the State Board of Pharmacy pursuant thereto and any other regulations adopted by the Board [.] of Medical Examiners.

      2.  Engaging in any activity in accordance with the provisions of chapter 453A of NRS.

      Sec. 20. NRS 630.311 is hereby amended to read as follows:

      630.311  1.  [A] Except as otherwise provided in section 15 of this act, a committee designated by the Board and consisting of members of the Board shall review each complaint and conduct an investigation to determine if there is a reasonable basis for the complaint. The committee must be composed of at least three members of the Board, at least one of whom is not a physician. The committee may issue orders to aid its investigation including, but not limited to, compelling a physician to appear before the committee.

      2.  If, after conducting an investigation, the committee determines that there is a reasonable basis for the complaint and that a violation of any provision of this chapter has occurred, the committee may file a formal complaint with the Board.

      3.  The proceedings of the committee are confidential and are not subject to the requirements of NRS 241.020. Within 20 days after the conclusion of each meeting of the committee, the Board shall publish a summary setting forth the proceedings and determinations of the committee. The summary must not identify any person involved in the complaint that is the subject of the proceedings.

      Sec. 21. Chapter 631 of NRS is hereby amended by adding thereto the provisions set forth as sections 22 and 23 of this act.

      Sec. 22. 1.  The Executive Director of the Board or his or her designee shall review and evaluate any complaint or information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:

 


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provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:

      (a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV;

      (b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph (a); or

      (c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.

      2.  If the Executive Director of the Board or his or her designee receives information described in subsection 1 concerning the licensee, the Executive Director or his or her designee must notify the licensee as soon as practicable after receiving the information.

      3.  A review and evaluation conducted pursuant to subsection 1 must include, without limitation:

      (a) A review of relevant information contained in the database of the program established pursuant to NRS 453.162;

      (b) A requirement that the licensee who is the subject of the review and evaluation attest that he or she has complied with the requirements of NRS 639.23507 and sections 52, 53 and 57 of this act, as applicable; and

      (c) A request for additional relevant information from the licensee who is the subject of the review and evaluation.

      4.  If, after a review and evaluation conducted pursuant to subsection 1, the Executive Director or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee. If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.

      5.  When deemed appropriate, the Executive Director of the Board may:

      (a) Refer information acquired during a review and evaluation conducted pursuant to subsection 1 to another professional licensing board, law enforcement agency or other appropriate governmental entity for investigation and criminal or administrative proceedings.

      (b) Postpone any notification, review or part of such a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

      6.  The Board shall adopt regulations providing for disciplinary action against a licensee for inappropriately prescribing a controlled substance listed in schedule II, III or IV or violating the provisions of sections 52 to 58, inclusive, of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto. Such disciplinary action must include, without limitation, requiring the licensee to complete additional continuing education concerning prescribing controlled substances listed in schedules II, III and IV.

 


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limitation, requiring the licensee to complete additional continuing education concerning prescribing controlled substances listed in schedules II, III and IV.

      Sec. 23. 1.  If the Board determines from an investigation of a licensee that the health, safety or welfare of the public or any patient served by the licensee is at risk of imminent or continued harm because of the manner in which the licensee prescribed, administered, dispensed or used a controlled substance, the Board may summarily suspend the licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pending a determination upon the conclusion of a hearing to consider a formal complaint against the licensee. An order of summary suspension may be issued only by the Board, the President of the Board, the presiding officer of an investigative committee convened by the Board to conduct the investigation or the member, employee, investigator or other agent of the Board who conducted the investigation.

      2.  If an order to summarily suspend a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV is issued pursuant to subsection 1 by the presiding officer of an investigative committee of the Board or a member, employee, investigator or other agent of the Board, that person shall not participate in any further proceedings of the Board relating to the order.

      3.  If the Board, the presiding officer of an investigative committee of the Board or a member, employee, investigator or other agent of the Board issues an order summarily suspending a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pursuant to subsection 1, the Board must hold a hearing to consider the formal complaint against the licensee. The Board must hold the hearing and render a decision concerning the formal complaint within 180 days after the date on which the order is issued, unless the Board and the licensee mutually agree to a longer period.

      Sec. 24. NRS 631.344 is hereby amended to read as follows:

      631.344  The Board [may,] shall, by regulation, require each holder of a license to practice dentistry who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least [1 hour] 2 hours of training relating specifically to the misuse and abuse of controlled substances , the prescribing of opioids or addiction during each period of licensure. Any such holder of a license may use such training to satisfy [1 hour] 2 hours of any continuing education requirement established by the Board.

      Sec. 25. NRS 631.3475 is hereby amended to read as follows:

      631.3475  The following acts, among others, constitute unprofessional conduct:

      1.  Malpractice;

      2.  Professional incompetence;

      3.  Suspension or revocation of a license to practice dentistry, the imposition of a fine or other disciplinary action by any agency of another state authorized to regulate the practice of dentistry in that state;

      4.  More than one act by the dentist or dental hygienist constituting substandard care in the practice of dentistry or dental hygiene;

      5.  Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, if it is not required to treat the dentist’s patient;

 


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ê2017 Statutes of Nevada, Page 4415 (Chapter 605, AB 474)ê

 

      6.  Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

      (a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

      (b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

      (c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS;

      7.  Chronic or persistent inebriety or addiction to a controlled substance, to such an extent as to render the person unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession;

      8.  Conviction of a felony or misdemeanor involving moral turpitude or which relates to the practice of dentistry in this State, or conviction of any criminal violation of this chapter;

      9.  Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

      10.  Failure to comply with the provisions of NRS 453.163 , [or] 453.164 [;] , 453.226 and 639.23507 and sections 52 to 58, inclusive, of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.

      11.  Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV;

      12.  Failure to obtain any training required by the Board pursuant to NRS 631.344; or

      [12.]13.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

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

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

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

      Sec. 26. NRS 631.360 is hereby amended to read as follows:

      631.360  1.  [The] Except as otherwise provided in section 22 of this act, the Board may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for initiating disciplinary action, investigate the actions of any person who practices dentistry or dental hygiene in this State. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      2.  The Board shall, before initiating disciplinary action, at least 10 days before the date set for the hearing, notify the accused person in writing of any charges made. The notice may be served by delivery of it personally to the accused person or by mailing it by registered or certified mail to the place of business last specified by the accused person, as registered with the Board.

 


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      3.  At the time and place fixed in the notice, the Board shall proceed to hear the charges. If the Board receives a report pursuant to subsection 5 of NRS 228.420, a hearing must be held within 30 days after receiving the report.

      4.  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 Executive Director 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.

      5.  The Board may obtain a search warrant from a magistrate upon a showing that the warrant is needed for an investigation or hearing being conducted by the Board and that reasonable cause exists to issue the warrant.

      6.  If the Board is not sitting at the time and place fixed in the notice, or at the time and place to which the hearing has been continued, the Board shall continue the hearing for a period not to exceed 30 days.

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

      Sec. 27. Chapter 632 of NRS is hereby amended by adding thereto the provisions set forth as sections 28 and 29 of this act.

      Sec. 28. 1.  The Executive Director of the Board or his or her designee shall review and evaluate any complaint or information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:

      (a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV;

      (b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph (a); or

      (c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.

      2.  If the Executive Director of the Board or his or her designee receives information described in subsection 1 concerning the licensee, the Executive Director or his or her designee must notify the licensee as soon as practicable after receiving the information.

      3.  A review and evaluation conducted pursuant to subsection 1 must include, without limitation:

      (a) A review of relevant information contained in the database of the program established pursuant to NRS 453.162;

      (b) A requirement that the licensee who is the subject of the review and evaluation attest that he or she has complied with the requirements of NRS 639.23507 and sections 52, 53 and 57 of this act, as applicable; and

      (c) A request for additional relevant information from the licensee who is the subject of the review and evaluation.

      4.  If, after a review and evaluation conducted pursuant to subsection 1, the Executive Director or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee.

 


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ê2017 Statutes of Nevada, Page 4417 (Chapter 605, AB 474)ê

 

may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee. If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.

      5.  When deemed appropriate, the Executive Director of the Board may:

      (a) Refer information acquired during a review and evaluation conducted pursuant to subsection 1 to another professional licensing board, law enforcement agency or other appropriate governmental entity for investigation and criminal or administrative proceedings.

      (b) Postpone any notification, review or part of such a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

      6.  The Board shall adopt regulations providing for disciplinary action against a licensee for inappropriately prescribing a controlled substance listed in schedule II, III or IV or violating the provisions of sections 52 to 58, inclusive, of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto. Such disciplinary action must include, without limitation, requiring the licensee to complete additional continuing education concerning prescribing controlled substances listed in schedules II, III and IV.

      Sec. 29. 1.  If the Board determines from an investigation of a licensee that the health, safety or welfare of the public or any patient served by the licensee is at risk of imminent or continued harm because of the manner in which the licensee prescribed, administered, dispensed or used a controlled substance, the Board may summarily suspend the licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pending a determination upon the conclusion of a hearing to consider a formal complaint against the licensee. An order of summary suspension may be issued only by the Board, the President of the Board, the presiding officer of an investigative committee convened by the Board to conduct the investigation or the member of the Board who conducted the investigation.

      2.  If an order to summarily suspend a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV is issued pursuant to subsection 1 by the presiding officer of an investigative committee of the Board or a member of the Board, that person shall not participate in any further proceedings of the Board relating to the order.

      3.  If the Board, the presiding officer of an investigative committee of the Board or a member of the Board issues an order summarily suspending a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pursuant to subsection 1, the Board must hold a hearing to consider the formal complaint against the licensee. The Board must hold the hearing and render a decision concerning the formal complaint within 60 days after the date on which the order is issued, unless the Board and the licensee mutually agree to a longer period.

 


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concerning the formal complaint within 60 days after the date on which the order is issued, unless the Board and the licensee mutually agree to a longer period.

      Sec. 30. NRS 632.2375 is hereby amended to read as follows:

      632.2375  The Board [may,] shall, by regulation, require each advanced practice registered nurse who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least [1 hour] 2 hours of training relating specifically to the misuse and abuse of controlled substances , the prescribing of opioids or addiction during each period of licensure. An advanced practice registered nurse may use such training to satisfy [1 hour] 2 hours of any continuing education requirement established by the Board.

      Sec. 31. NRS 632.347 is hereby amended to read as follows:

      632.347  1.  The Board may deny, revoke or suspend any license or certificate applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee or holder of a certificate, upon determining that the licensee or certificate holder:

      (a) Is guilty of fraud or deceit in procuring or attempting to procure a license or certificate pursuant to this chapter.

      (b) Is guilty of any offense:

             (1) Involving moral turpitude; or

             (2) Related to the qualifications, functions or duties of a licensee or holder of a certificate,

Ê in which case the record of conviction is conclusive evidence thereof.

      (c) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      (d) Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.

      (e) Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his or her ability to conduct the practice authorized by the license or certificate.

      (f) Is a person with mental incompetence.

      (g) Is guilty of unprofessional conduct, which includes, but is not limited to, the following:

             (1) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.

             (2) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license or certificate.

             (3) Impersonating another licensed practitioner or holder of a certificate.

             (4) Permitting or allowing another person to use his or her license or certificate to practice as a licensed practical nurse, registered nurse, nursing assistant or medication aide - certified.

             (5) Repeated malpractice, which may be evidenced by claims of malpractice settled against the licensee or certificate holder.

             (6) Physical, verbal or psychological abuse of a patient.

             (7) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.

      (h) Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.

 


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chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.

      (i) Is guilty of aiding or abetting any person in a violation of this chapter.

      (j) Has falsified an entry on a patient’s medical chart concerning a controlled substance.

      (k) Has falsified information which was given to a physician, pharmacist, podiatric physician or dentist to obtain a controlled substance.

      (l) Has knowingly procured or administered a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

             (1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

             (2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;

             (3) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS; or

             (4) Is an investigational drug or biological product prescribed to a patient pursuant to NRS 630.3735 or 633.6945.

      (m) Has been disciplined in another state in connection with a license to practice nursing or a certificate to practice as a nursing assistant or medication aide - certified, or has committed an act in another state which would constitute a violation of this chapter.

      (n) Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.

      (o) Has willfully failed to comply with a regulation, subpoena or order of the Board.

      (p) Has operated a medical facility 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.

      (q) Is an advanced practice registered nurse who has failed to obtain any training required by the Board pursuant to NRS 632.2375.

      (r) Is an advanced practice registered nurse who has failed to comply with the provisions of NRS 453.163 , [or] 453.164 [.] , 453.226 and 639.23507 and sections 52 to 58, inclusive, of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.

      (s) Has engaged in the fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.

      2.  For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The Board may take disciplinary action pending the appeal of a conviction.

      3.  A licensee or certificate holder is not subject to disciplinary action solely for administering auto-injectable epinephrine pursuant to a valid order issued pursuant to NRS 630.374 or 633.707.

      4.  As used in this section, “investigational drug or biological product” has the meaning ascribed to it in NRS 454.351.

 


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      Sec. 32. Chapter 633 of NRS is hereby amended by adding thereto the provisions set forth as sections 33 and 34 of this act.

      Sec. 33. 1.  The Executive Director of the Board or his or her designee shall review and evaluate any complaint or information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:

      (a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV;

      (b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph (a); or

      (c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.

      2.  If the Executive Director of the Board or his or her designee receives information described in subsection 1 concerning the licensee, the Executive Director or his or her designee must notify the licensee as soon as practicable after receiving the information.

      3.  A review and evaluation conducted pursuant to subsection 1 must include, without limitation:

      (a) A review of relevant information contained in the database of the program established pursuant to NRS 453.162;

      (b) A requirement that the licensee who is the subject of the review and evaluation attest that he or she has complied with the requirements of NRS 639.23507 and sections 52, 53 and 57 of this act, as applicable; and

      (c) A request for additional relevant information from the licensee who is the subject of the review and evaluation.

      4.  If, after a review and evaluation conducted pursuant to subsection 1, the Executive Director or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee. If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.

      5.  When deemed appropriate, the Executive Director of the Board may:

      (a) Refer information acquired during a review and evaluation conducted pursuant to subsection 1 to another professional licensing board, law enforcement agency or other appropriate governmental entity for investigation and criminal or administrative proceedings.

      (b) Postpone any notification, review or part of such a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

 


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      6.  The Board shall adopt regulations providing for disciplinary action against a licensee for inappropriately prescribing a controlled substance listed in schedule II, III or IV or violating the provisions of sections 52 to 58, inclusive, of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto. Such disciplinary action must include, without limitation, requiring the licensee to complete additional continuing education concerning prescribing controlled substances listed in schedules II, III and IV.

      Sec. 34. 1.  If the Board determines from an investigation of a licensee that the health, safety or welfare of the public or any patient served by the licensee is at risk of imminent or continued harm because of the manner in which the licensee prescribed, administered, dispensed or used a controlled substance, the Board may summarily suspend the licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pending a determination upon the conclusion of a hearing to consider a formal complaint against the licensee. An order of summary suspension may be issued only by the Board, the President of the Board, the presiding officer of the investigative committee of the Board that conducted the investigation or the member of the Board who conducted the investigation.

      2.  If an order to summarily suspend a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV is issued pursuant to subsection 1 by the presiding officer of an investigative committee of the Board or a member of the Board, that person shall not participate in any further proceedings of the Board relating to the order.

      3.  If the Board, the presiding officer of an investigative committee of the Board or a member of the Board issues an order summarily suspending a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pursuant to subsection 1, the Board must hold a hearing to consider the formal complaint against the licensee. The Board must hold the hearing and render a decision concerning the formal complaint within 180 days after the date on which the order is issued, unless the Board and the licensee mutually agree to a longer period.

      Sec. 35. NRS 633.473 is hereby amended to read as follows:

      633.473  The Board [may,] shall, by regulation, require each osteopathic physician or physician assistant who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least [1 hour] 2 hours of training relating specifically to the misuse and abuse of controlled substances , the prescribing of opioids or addiction during each period of licensure. Any licensee may use such training to satisfy [1 hour] 2 hours of any continuing education requirement established by the Board.

      Sec. 36. NRS 633.511 is hereby amended to read as follows:

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

      (a) Unprofessional conduct.

      (b) Conviction of:

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

 


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

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

             (4) Murder, voluntary manslaughter or mayhem;

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

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

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

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

             (9) Any offense involving moral turpitude.

      (c) The suspension of a license to practice osteopathic medicine or to practice as a physician assistant by any other jurisdiction.

      (d) Malpractice or gross malpractice, which may be evidenced by a claim of malpractice settled against a licensee.

      (e) Professional incompetence.

      (f) Failure to comply with the requirements of NRS 633.527.

      (g) Failure to comply with the requirements of subsection 3 of NRS 633.471.

      (h) Failure to comply with the provisions of NRS 633.694.

      (i) Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

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

             (2) An act or omission occurs which results 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.

      (j) Failure to comply with the provisions of subsection 2 of NRS 633.322.

      (k) Signing a blank prescription form.

      (l) Knowingly or willfully procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

             (1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

             (2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;

             (3) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS; or

             (4) Is an investigational drug or biological product prescribed to a patient pursuant to NRS 630.3735 or 633.6945.

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

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

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

 


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or report that is required by law or knowingly or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.

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

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

      (r) Engaging in any act that is unsafe in accordance with regulations adopted by the Board.

      (s) Failure to comply with the provisions of NRS 629.515.

      (t) Failure to supervise adequately a medical assistant pursuant to the regulations of the Board.

      (u) Failure to obtain any training required by the Board pursuant to NRS 633.473.

      (v) Failure to comply with the provisions of NRS 633.6955.

      (w) Failure to comply with the provisions of NRS 453.163 , [or] 453.164 [.] , 453.226 and 639.23507 and sections 52 to 58, inclusive, of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.

      (x) Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.

      2.  As used in this section, “investigational drug or biological product” has the meaning ascribed to it in NRS 454.351.

      Sec. 37. NRS 633.521 is hereby amended to read as follows:

      633.521  An osteopathic physician is not subject to disciplinary action solely for:

      1.  Prescribing or administering to a patient under his or her care:

      (a) Amygdalin (laetrile), if the patient has consented to the use of the substance.

      (b) Procaine hydrochloride with preservatives and stabilizers (Gerovital H3).

      (c) A controlled substance which is listed in schedule II, III, IV or V by the State Board of Pharmacy pursuant to NRS 453.146, if the controlled substance is lawfully prescribed or administered for the treatment of intractable pain in accordance with the provisions of NRS 639.23507, sections 52 to 58, inclusive, of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto and the accepted standards for the practice of osteopathic medicine.

      2.  Engaging in any activity in accordance with the provisions of chapter 453A of NRS.

      Sec. 38. NRS 633.541 is hereby amended to read as follows:

      633.541  1.  [When] Except as otherwise provided in section 33 of this act, when a complaint is filed with the Board, the Board shall designate a member of the Board to review the complaint.

      2.  If the member of the Board determines that the complaint is not frivolous, he or she shall conduct an investigation of the complaint to determine whether there is a reasonable basis for the complaint. In performing the investigation, the member of the Board may request the assistance of the Attorney General or contract with a private investigator designated by the Executive Director of the Board who is licensed pursuant to chapter 648 of NRS or any other person designated by the Executive Director of the Board.

 


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assistance of the Attorney General or contract with a private investigator designated by the Executive Director of the Board who is licensed pursuant to chapter 648 of NRS or any other person designated by the Executive Director of the Board.

      3.  If, after conducting the investigation pursuant to subsection 2, the member of the Board determines that there is a reasonable basis for the complaint and that a violation of a provision of this chapter has occurred, the member of the Board may file a formal complaint with the Board specifying the grounds for disciplinary action.

      Sec. 39. Chapter 635 of NRS is hereby amended by adding thereto the provisions set forth as sections 40 and 41 of this act.

      Sec. 40. 1.  The President of the Board or his or her designee shall review and evaluate any complaint or information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:

      (a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV;

      (b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph (a); or

      (c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.

      2.  If the President of the Board or his or her designee receives information described in subsection 1 concerning the licensee, the President or his or her designee must notify the licensee as soon as practicable after receiving the information.

      3.  A review and evaluation conducted pursuant to subsection 1 must include, without limitation:

      (a) A review of relevant information contained in the database of the program established pursuant to NRS 453.162;

      (b) A requirement that the licensee who is the subject of the review and evaluation attest that he or she has complied with the requirements of NRS 639.23507 and sections 52, 53 and 57 of this act, as applicable; and

      (c) A request for additional relevant information from the licensee who is the subject of the review and evaluation.

      4.  If, after a review and evaluation conducted pursuant to subsection 1, the President or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee. If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.

      5.  When deemed appropriate, the President of the Board may:

      (a) Refer information acquired during a review and evaluation conducted pursuant to subsection 1 to another professional licensing board, law enforcement agency or other appropriate governmental entity for investigation and criminal or administrative proceedings.

 


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board, law enforcement agency or other appropriate governmental entity for investigation and criminal or administrative proceedings.

      (b) Postpone any notification, review or part of such a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

      6.  The Board shall adopt regulations providing for disciplinary action against a licensee for inappropriately prescribing a controlled substance listed in schedule II, III or IV or violating the provisions of sections 52 to 58, inclusive, of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto. Such disciplinary action must include, without limitation, requiring the licensee to complete additional continuing education concerning prescribing controlled substances listed in schedules II, III and IV.

      Sec. 41. 1.  If the Board determines from an investigation of a licensee that the health, safety or welfare of the public or any patient served by the licensee is at risk of imminent or continued harm because of the manner in which the licensee prescribed, administered, dispensed or used a controlled substance, the Board may summarily suspend the licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pending a determination upon the conclusion of a hearing to consider a formal complaint against the licensee. An order of summary suspension may be issued only by the Board, the President of the Board, the presiding officer of an investigative committee convened by the Board to conduct the investigation or the member of the Board who conducted the investigation.

      2.  If an order to summarily suspend a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV is issued pursuant to subsection 1 by the presiding officer of an investigative committee of the Board or a member of the Board, that person shall not participate in any further proceedings of the Board relating to the order.

      3.  If the Board, the presiding officer of an investigative committee of the Board or a member of the Board issues an order summarily suspending a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pursuant to subsection 1, the Board must hold a hearing to consider the formal complaint against the licensee. The Board must hold the hearing and render a decision concerning the formal complaint within 60 days after the date on which the order is issued, unless the Board and the licensee mutually agree to a longer period.

      Sec. 42. NRS 635.116 is hereby amended to read as follows:

      635.116  The Board [may,] shall, by regulation, require each holder of a license to practice podiatry who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least [1 hour] 2 hours of training relating specifically to the misuse and abuse of controlled substances , the prescribing of opioids or addiction during each period of licensure. Any such holder of a license may use such training to satisfy [1 hour] 2 hours of any continuing education requirement established by the Board.

 


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      Sec. 43. NRS 635.130 is hereby amended to read as follows:

      635.130  1.  The Board, after notice and a hearing as required by law, and upon any cause enumerated in subsection 2, may take one or more of the following disciplinary actions:

      (a) Deny an application for a license or refuse to renew a license.

      (b) Suspend or revoke a license.

      (c) Place a licensee on probation.

      (d) Impose a fine not to exceed $5,000.

      2.  The Board may take disciplinary action against a licensee for any of the following causes:

      (a) The making of a false statement in any affidavit required of the applicant for application, examination or licensure pursuant to the provisions of this chapter.

      (b) Lending the use of the holder’s name to an unlicensed person.

      (c) If the holder is a podiatric physician, permitting an unlicensed person in his or her employ to practice as a podiatry hygienist.

      (d) Habitual indulgence in the use of alcohol or any controlled substance which impairs the intellect and judgment to such an extent as in the opinion of the Board incapacitates the holder in the performance of his or her professional duties.

      (e) Conviction of a crime involving moral turpitude.

      (f) Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      (g) Conduct which in the opinion of the Board disqualifies the licensee to practice with safety to the public.

      (h) The commission of fraud by or on behalf of the licensee regarding his or her license or practice.

      (i) Gross incompetency.

      (j) Affliction of the licensee with any mental or physical disorder which seriously impairs his or her competence as a podiatric physician or podiatry hygienist.

      (k) False representation by or on behalf of the licensee regarding his or her practice.

      (l) Unethical or unprofessional conduct.

      (m) Failure to comply with the requirements of subsection 1 of NRS 635.118.

      (n) Willful or repeated violations of this chapter or regulations adopted by the Board.

      (o) Willful violation of the regulations adopted by the State Board of Pharmacy.

      (p) Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

             (1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

             (2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

             (3) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.

 


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      (q) Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

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

             (2) An act or omission occurs which results 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.

      (r) Failure to obtain any training required by the Board pursuant to NRS 635.116.

      (s) Failure to comply with the provisions of NRS 453.163 , [and] 453.164 [.] , 453.226 and 639.23507 and sections 52 to 58, inclusive, of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.

      (t) Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.

      Sec. 44. Chapter 636 of NRS is hereby amended by adding thereto the provisions set forth as sections 45 and 46 of this act.

      Sec. 45. 1.  The Executive Director of the Board or his or her designee shall review and evaluate any complaint or information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:

      (a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV;

      (b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph (a); or

      (c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.

      2.  If the Executive Director of the Board or his or her designee receives information described in subsection 1 concerning the licensee, the Executive Director or his or her designee must notify the licensee as soon as practicable after receiving the information.

      3.  A review and evaluation conducted pursuant to subsection 1 must include, without limitation:

      (a) A review of relevant information contained in the database of the program established pursuant to NRS 453.162;

      (b) A requirement that the licensee who is the subject of the review and evaluation attest that he or she has complied with the requirements of NRS 639.23507 and sections 52, 53 and 57 of this act, as applicable; and

      (c) A request for additional relevant information from the licensee who is the subject of the review and evaluation.

      4.  If, after a review and evaluation conducted pursuant to subsection 1, the Executive Director or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee. If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.

 


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ê2017 Statutes of Nevada, Page 4428 (Chapter 605, AB 474)ê

 

accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.

      5.  When deemed appropriate, the Executive Director of the Board may:

      (a) Refer information acquired during a review and evaluation conducted pursuant to subsection 1 to another professional licensing board, law enforcement agency or other appropriate governmental entity for investigation and criminal or administrative proceedings.

      (b) Postpone any notification, review or part of such a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

      6.  The Board shall adopt regulations providing for disciplinary action against a licensee for inappropriately prescribing a controlled substance listed in schedule II, III or IV or violating the provisions of sections 52 to 58, inclusive, of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto. Such disciplinary action must include, without limitation, requiring the licensee to complete additional continuing education concerning prescribing controlled substances listed in schedules II, III and IV.

      Sec. 46. 1.  If the Board determines from an investigation of a licensee that the health, safety or welfare of the public or any patient served by the licensee is at risk of imminent or continued harm because of the manner in which the licensee prescribed, administered, dispensed or used a controlled substance, the Board may summarily suspend the licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pending a determination upon the conclusion of a hearing to consider a formal complaint against the licensee. An order of summary suspension may be issued only by the Board, the President of the Board, the presiding officer of an investigative committee convened by the Board to conduct the investigation or the member of the Board who conducted the investigation.

      2.  If an order to summarily suspend a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV is issued pursuant to subsection 1 by the presiding officer of an investigative committee of the Board or a member of the Board, that person shall not participate in any further proceedings of the Board relating to the order.

      3.  If the Board, the presiding officer of an investigative committee of the Board or a member of the Board issues an order summarily suspending a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pursuant to subsection 1, the Board must hold a hearing to consider the formal complaint against the licensee. The Board must hold the hearing and render a decision concerning the formal complaint within 60 days after the date on which the order is issued, unless the Board and the licensee mutually agree to a longer period.

 


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      Sec. 47. NRS 636.2881 is hereby amended to read as follows:

      636.2881  The Board [may,] shall, by regulation, require each optometrist who is certified to administer and prescribe therapeutic pharmaceutical agents pursuant to NRS 636.288 and who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least [1 hour] 2 hours of training relating specifically to the misuse and abuse of controlled substances , the prescribing of opioids or addiction during each period of licensure. Any licensee may use such training to satisfy [1 hour] 2 hours of any continuing education requirement established by the Board.

      Sec. 48. NRS 636.295 is hereby amended to read as follows:

      636.295  The following acts, conduct, omissions, or mental or physical conditions, or any of them, committed, engaged in, omitted, or being suffered by a licensee, constitute sufficient cause for disciplinary action:

      1.  Affliction of the licensee with any communicable disease likely to be communicated to other persons.

      2.  Commission by the licensee of a felony relating to the practice of optometry or a gross misdemeanor involving moral turpitude of which the licensee has been convicted and from which he or she has been sentenced by a final judgment of a federal or state court in this or any other state, the judgment not having been reversed or vacated by a competent appellate court and the offense not having been pardoned by executive authority.

      3.  Conviction of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      4.  Commission of fraud by or on behalf of the licensee in obtaining a license or a renewal thereof, or in practicing optometry thereunder.

      5.  Habitual drunkenness or addiction to any controlled substance.

      6.  Gross incompetency.

      7.  Affliction with any mental or physical disorder or disturbance seriously impairing his or her competency as an optometrist.

      8.  Making false or misleading representations, by or on behalf of the licensee, with respect to optometric materials or services.

      9.  Practice by the licensee, or attempting or offering so to do, while in an intoxicated condition.

      10.  Perpetration of unethical or unprofessional conduct in the practice of optometry.

      11.  Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

      (a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

      (b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

      (c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.

      12.  Any violation of the provisions of this chapter or any regulations adopted pursuant thereto.

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

 


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

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

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

      14.  Failure to obtain any training required by the Board pursuant to NRS 636.2881.

      15.  Failure to comply with the provisions of NRS 453.163 , [or] 453.164 [.] , 453.226 and 639.23507 and sections 52 to 58, inclusive, of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.

      16.  Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.

      Sec. 49. NRS 636.315 is hereby amended to read as follows:

      636.315  1.  [As] Except as otherwise provided in section 45 of this act, as soon as practicable after the filing of a complaint, the Board shall notify the licensee against whom the complaint is filed and fix a date for its review of the complaint. If the Board receives a report pursuant to subsection 5 of NRS 228.420, a hearing must be held within 30 days after receiving the report. The licensee must be allowed a reasonable amount of time to respond to the allegations of the complaint. The Executive Director shall notify the licensee of the time, date and place fixed for the Board’s review of the complaint.

      2.  After reviewing the complaint, the Board shall dismiss the complaint or file a formal charge against the licensee. If a formal charge is filed, the Executive Director shall prepare the charge in accordance with the Board’s regulations and send a copy to the licensee. The licensee must be allowed a reasonable amount of time to file a response to the charge.

      3.  Within a reasonable time after the Executive Director sends a copy of the charge to the licensee, the Board shall fix the time, date and place for a hearing and the Executive Director shall notify the licensee thereof.

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

      Sec. 50. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 51 to 58, inclusive, of this act.

      Sec. 51. “Initial prescription” means a prescription originated for a new patient of a practitioner, other than a veterinarian, or a new prescription to begin a new course of treatment for an existing patient of a practitioner, other than a veterinarian. The term does not include any act concerning an ongoing prescription that is issued by a practitioner to continue a course of treatment for a new or existing patient of the practitioner.

      Sec. 52. 1.  If a practitioner, other than a veterinarian, prescribes or dispenses to a patient for the treatment of pain a quantity of controlled substance that exceeds the amount prescribed by this subsection, the practitioner must document in the medical record of the patient the reasons for prescribing that quantity. A practitioner shall document the information required by this subsection if the practitioner prescribes for or dispenses for the treatment of pain:

 


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      (a) In any period of 365 consecutive days, a larger quantity of a controlled substance listed in schedule II, III or IV than will be used in 365 days if the patient adheres to the dose prescribed; or

      (b) At any one time, a larger quantity of a controlled substance listed in schedule II, III or IV than will be used in 90 days if the patient adheres to the dose prescribed.

      2.  A practitioner, other than a veterinarian, shall not issue an initial prescription of a controlled substance listed in schedule II, III or IV for the treatment of acute pain that prescribes:

      (a) An amount of the controlled substance that is intended to be used for more than 14 days; and

      (b) If the controlled substance is an opioid and a prescription for an opioid has never been issued to the patient or the most recent prescription issued to the patient for an opioid was issued more than 19 days before the date of the initial prescription for the treatment of acute pain, a dose of the controlled substance that exceeds 90 morphine milligram equivalents per day. For the purposes of this paragraph, the daily dose of a controlled substance must be calculated in accordance with the most recent guidelines prescribed by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

      Sec. 53. 1.  Before issuing an initial prescription for a controlled substance listed in schedule II, III or IV for the treatment of pain, a practitioner, other than a veterinarian, must:

      (a) Have established a bona fide relationship, as described in subsection 4 of NRS 639.235, with the patient;

      (b) Perform an evaluation and risk assessment of the patient that meets the requirements of subsection 1 of section 54 of this act;

      (c) Establish a preliminary diagnosis of the patient and a treatment plan tailored toward treating the pain of the patient and the cause of that pain;

      (d) Document in the medical record of the patient the reasons for prescribing the controlled substance instead of an alternative treatment that does not require the use of a controlled substance; and

      (e) Obtain informed written consent to the use of the controlled substance that meets the requirements of subsection 2 of section 54 of this act from:

             (1) The patient, if the patient is 18 years of age or older or legally emancipated and competent to give such consent;

             (2) The parent or guardian of a patient who is less than 18 years of age and not legally emancipated; or

             (3) The legal guardian of a patient of any age who has been adjudicated mentally incompetent.

      2.  If a practitioner, other than a veterinarian, prescribes a controlled substance listed in schedule II, III or IV for the treatment of pain, the practitioner shall not issue more than one additional prescription that increases the dose of the controlled substance unless the practitioner meets with the patient, in person or using telehealth, to reevaluate the treatment plan established pursuant to paragraph (c) of subsection 1.

      Sec. 54. 1.  An evaluation and risk assessment of a patient conducted pursuant to paragraph (b) of subsection 1 of section 53 of this act must include, without limitation:

 


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      (a) Obtaining and reviewing a medical history of the patient.

      (b) Conducting a physical examination of the patient.

      (c) Making a good faith effort to obtain and review the medical records of the patient from any other provider of health care who has provided care to the patient. The practitioner shall document efforts to obtain such medical records and the conclusions from reviewing any such medical records in the medical record of the patient.

      (d) Assessing the mental health and risk of abuse, dependency and addiction of the patient using methods supported by peer-reviewed scientific research and validated by a nationally recognized organization.

      2.  The informed written consent obtained pursuant to paragraph (e) of subsection 1 of section 53 of this act must include, without limitation, information concerning:

      (a) The potential risks and benefits of treatment using the controlled substance, including if a form of the controlled substance that is designed to deter abuse is available, the risks and benefits of using that form;

      (b) Proper use of the controlled substance;

      (c) Any alternative means of treating the symptoms of the patient and the cause of such symptoms;

      (d) The important provisions of the treatment plan established for the patient pursuant to paragraph (c) of subsection 1 of section 53 of this act in a clear and simple manner;

      (e) The risks of dependency, addiction and overdose during treatment using the controlled substance;

      (f) Methods to safely store and legally dispose of the controlled substance;

      (g) The manner in which the practitioner will address requests for refills of the prescription, including, without limitation, an explanation of the provisions of section 55 of this act, if applicable;

      (h) If the patient is a woman between 15 and 45 years of age, the risk to a fetus of chronic exposure to controlled substances during pregnancy, including, without limitation, the risks of fetal dependency on the controlled substance and neonatal abstinence syndrome;

      (i) If the controlled substance is an opioid, the availability of an opioid antagonist, as defined in NRS 453C.040, without a prescription; and

      (j) If the patient is an unemancipated minor, the risks that the minor will abuse or misuse the controlled substance or divert the controlled substance for use by another person and ways to detect such abuse, misuse or diversion.

      Sec. 55. 1.  Before prescribing a controlled substance listed in schedule II, III or IV to continue the treatment of pain of a patient who has used the controlled substance for 90 consecutive days or more, a practitioner, other than a veterinarian, must:

      (a) Require the patient to complete an assessment of the patient’s risk for abuse, dependency and addiction that has been validated through peer-reviewed scientific research;

      (b) Conduct an investigation, including, without limitation, appropriate hematological and radiological studies, to determine an evidence-based diagnosis for the cause of the pain;

      (c) Meet with the patient, in person or using telehealth, to review the treatment plan established pursuant to paragraph (c) of subsection 1 of section 53 of this act to determine whether continuation of treatment using the controlled substance is medically appropriate; and

 


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section 53 of this act to determine whether continuation of treatment using the controlled substance is medically appropriate; and

      (d) If the patient has been prescribed a dose of 90 morphine milligram equivalents or more of an opioid per day for 90 days or longer, consider referring the patient to a specialist.

      2.  If, after conducting a review of the treatment plan and considering referral of the patient to a specialist pursuant to paragraphs (c) and (d) of subsection 1, the practitioner decides to continue to prescribe a dose of 90 morphine milligram equivalents or more of the opioid per day, the practitioner must develop and document in the medical record of the patient a revised treatment plan, which must include, without limitation, an assessment of the increased risk for adverse outcomes.

      3.  For the purposes of this section, the daily dose of a controlled substance must be calculated in accordance with the most recent guidelines prescribed by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

      Sec. 56. 1.  If a practitioner, other than a veterinarian, intends to prescribe a controlled substance listed in schedule II, III or IV for more than 30 days for the treatment of pain, the practitioner must, not later than 30 days after issuing the initial prescription, enter into a prescription medication agreement with the patient, which must be:

      (a) Documented in the record of the patient; and

      (b) Updated at least once every 365 days while the patient is using the controlled substance or whenever a change is made to the treatment plan established pursuant to paragraph (c) of subsection 1 of section 53 of this act.

      2.  A prescription medication agreement entered into pursuant to subsection 1 must include, without limitation:

      (a) The goals of the treatment of the patient;

      (b) Consent of the patient to testing to monitor drug use when deemed medically necessary by the practitioner;

      (c) A requirement that the patient take the controlled substance only as prescribed;

      (d) A prohibition on sharing medication with any other person;

      (e) A requirement that the patient inform the practitioner:

             (1) Of any other controlled substances prescribed to or taken by the patient;

             (2) Whether the patient drinks alcohol or uses marijuana or any other cannabinoid compound while using the controlled substance;

             (3) Whether the patient has been treated for side effects or complications relating to the use of the controlled substance, including, without limitation, whether the patient has experienced an overdose; and

             (4) Each state in which the patient has previously resided or had a prescription for a controlled substance filled;

      (f) Authorization for the practitioner to conduct random counts of the amount of the controlled substance in the possession of the patient;

      (g) The reasons the practitioner may change or discontinue treatment of the patient using the controlled substance; and

      (h) Any other requirements that the practitioner may impose.

      Sec. 57. Before prescribing a controlled substance listed in schedule II, III or IV, a practitioner, other than a veterinarian, must consider the following factors, when applicable:

 


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      1.  Whether there is reason to believe that the patient is not using the controlled substance as prescribed or is diverting the controlled substance for use by another person.

      2.  Whether the controlled substance has had the expected effect on the symptoms of the patient.

      3.  Whether there is reason to believe that the patient is using other drugs, including, without limitation, alcohol, controlled substances listed in schedule I or prescription drugs, that:

      (a) May interact negatively with the controlled substance prescribed by the practitioner; or

      (b) Have not been prescribed by a practitioner who is treating the patient.

      4.  The number of attempts by the patient to obtain an early refill of the prescription.

      5.  The number of times the patient has claimed that the controlled substance has been lost or stolen.

      6.  Information from the database of the program established pursuant to NRS 453.162 that is irregular or inconsistent or indicates that the patient is inappropriately using a controlled substance.

      7.  Whether previous blood or urine tests have indicated inappropriate use of controlled substances by the patient.

      8.  The necessity of verifying that controlled substances, other than those authorized under the treatment plan established pursuant to paragraph (c) of subsection 1 of section 53 of this act, are not present in the body of the patient.

      9.  Whether the patient has demonstrated aberrant behavior or intoxication.

      10.  Whether the patient has increased his or her dose of the controlled substance without authorization from the practitioner.

      11.  Whether the patient has been reluctant to stop using the controlled substance or has requested or demanded a controlled substance that is likely to be abused or cause dependency or addiction.

      12.  Whether the patient has been reluctant to cooperate with any examination, analysis or test recommended by the practitioner.

      13.  Whether the patient has a history of substance abuse.

      14.  Any major change in the health of the patient, including, without limitation, pregnancy, or any diagnosis concerning the mental health of the patient that would affect the medical appropriateness of prescribing the controlled substance for the patient.

      15.  Any other evidence that the patient is chronically using opioids, misusing, abusing, illegally using or addicted to any drug or failing to comply with the instructions of the practitioner concerning the use of the controlled substance.

      16.  Any other factor that the practitioner determines is necessary to make an informed professional judgment concerning the medical appropriateness of the prescription.

      Sec. 58. 1.  The Board may adopt any regulations necessary or convenient to enforce the provisions of NRS 639.23507 and sections 52 to 58, inclusive, of this act. Such regulations may impose additional requirements concerning the prescription of a controlled substance listed in schedule II, III or IV by a practitioner, other than a veterinarian, for the treatment of pain.

 


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      2.  A practitioner who violates any provision of NRS 639.23507 and sections 52 to 58, inclusive, of this act or any regulations adopted pursuant thereto is:

      (a) Not guilty of a misdemeanor; and

      (b) Subject to professional discipline.

      Sec. 59. NRS 639.001 is hereby amended to read as follows:

      639.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 639.0015 to 639.016, inclusive, and section 51 of this act have the meanings ascribed to them in those sections.

      Sec. 60. NRS 639.23507 is hereby amended to read as follows:

      639.23507  1.  A practitioner , other than a veterinarian, shall, before [initiating a] issuing an initial prescription for a controlled substance listed in schedule II, III or IV [,] and at least once every 90 days thereafter for the duration of the course of treatment using the controlled substance, obtain a patient utilization report regarding the patient from the computerized program established by the Board and the Investigation Division of the Department of Public Safety pursuant to NRS 453.162 . [if:

      (a) The patient is a new patient of the practitioner; or

      (b) The prescription is for more than 7 days and is part of a new course of treatment for the patient.

Ê] The practitioner shall [review] :

      (a) Review the patient utilization report to assess whether the prescription for the controlled substance is medically necessary [.] ; and

      (b) Determine whether the patient has been issued another prescription for the same controlled substance that provides for ongoing treatment using the controlled substance. If the practitioner determines from the patient utilization report or from any other source that the patient has been issued such a prescription, the practitioner shall not prescribe the controlled substance.

      2.  If a practitioner who attempts to obtain a patient utilization report as required by subsection 1 fails to do so because the computerized program is unresponsive or otherwise unavailable, the practitioner:

      (a) Shall be deemed to have complied with subsection 1 if the practitioner documents the attempt and failure in the medical record of the patient.

      (b) Is not liable for the failure.

      3.  The Board shall adopt regulations to provide alternative methods of compliance with subsection 1 for a physician while he or she is providing service in a hospital emergency department. The regulations must include, without limitation, provisions that allow a hospital to designate members of hospital staff to act as delegates for the purposes of accessing the database of the computerized program and obtaining patient utilization reports from the computerized program on behalf of such a physician.

      [4.  A practitioner who violates subsection 1:

      (a) Is not guilty of a misdemeanor.

      (b) May be subject to professional discipline if the appropriate professional licensing board determines that the practitioner’s violation was intentional.

      5.  As used in this section, “initiating a prescription” means originating a new prescription for a new patient of a practitioner or originating a new prescription to begin a new course of treatment for an existing patient of a practitioner.

 


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practitioner. The term does not include any act concerning an ongoing prescription that is written to continue a course of treatment for an existing patient of a practitioner.]

      Sec. 61. NRS 639.2353 is hereby amended to read as follows:

      639.2353  Except as otherwise provided in a regulation adopted pursuant to NRS 453.385 or 639.2357:

      1.  A prescription must be given:

      (a) Directly from the practitioner to a pharmacist;

      (b) Indirectly by means of an order signed by the practitioner;

      (c) By an oral order transmitted by an agent of the practitioner; or

      (d) Except as otherwise provided in subsection 5, by electronic transmission or transmission by a facsimile machine, including, without limitation, transmissions made from a facsimile machine to another facsimile machine, a computer equipped with a facsimile modem to a facsimile machine or a computer to another computer, pursuant to the regulations of the Board.

      2.  A written prescription must contain:

      (a) Except as otherwise provided in this section, the name and signature of the practitioner, the registration number issued to the practitioner by the Drug Enforcement Administration and the address of the practitioner if that address is not immediately available to the pharmacist;

      (b) The classification of his or her license;

      (c) The name and date of birth of the patient, and the address of the patient if not immediately available to the pharmacist;

      (d) The name, strength and quantity of the drug prescribed [;] and the number of days that the drug is to be used, beginning on the day on which the prescription is filled;

      (e) The symptom or purpose for which the drug is prescribed, if included by the practitioner pursuant to NRS 639.2352;

      (f) Directions for use [;] , including, without limitation, the dose of the drug prescribed, the route of administration and the number of refills authorized, if applicable;

      (g) The code established in the International Classification of Diseases, Tenth Revision, Clinical Modification, adopted by the National Center for Health Statistics and the Centers for Medicare and Medicaid Services, or the code used in any successor classification system adopted by the National Center for Health Statistics and the Centers for Medicare and Medicaid Services, that corresponds to the diagnosis for which the controlled substance was prescribed; and

      [(g)](h) The date of issue.

      3.  The directions for use must be specific in that they indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

      4.  Each written prescription must be written in such a manner that any registered pharmacist would be able to dispense it. A prescription must be written in Latin or English and may include any character, figure, cipher or abbreviation which is generally used by pharmacists and practitioners in the writing of prescriptions.

 

 


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      5.  A prescription for a controlled substance must not be given by electronic transmission or transmission by a facsimile machine unless authorized by federal law and NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto.

      6.  A prescription that is given by electronic transmission is not required to contain the signature of the practitioner if:

      (a) It contains a facsimile signature, security code or other mark that uniquely identifies the practitioner;

      (b) A voice recognition system, biometric identification technique or other security system approved by the Board is used to identify the practitioner; or

      (c) It complies with the provisions of NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto.

      Sec. 62. NRS 639.239 is hereby amended to read as follows:

      639.239  1.  Members, inspectors and investigators of the Board, authorized representatives and investigators of state licensing boards established by this chapter or chapter 630, 631, 632, 633, 635 or 636 of NRS, inspectors of the Food and Drug Administration, agents of the Investigation Division of the Department of Public Safety and peace officers described in paragraph (j) of subsection 1 of NRS 639.238 may [remove] :

      (a) Request, and a practitioner or pharmacist who receives such a request shall provide, a photocopy of any record required to be retained by state or federal law or regulation, including any prescription contained in the files of a practitioner [,] or pharmacy, if the record in question will be used as evidence in a criminal action, civil action or an administrative proceeding, or contemplated action or proceeding.

      (b) Remove an original record required to be retained by state or federal law or regulation, including any prescription contained in the files of a practitioner or pharmacy, if the record in question will be used as evidence in a criminal action, a civil action or an administrative proceeding, or contemplated action or proceeding and it is necessary to use the original record, rather than a photocopy of the record, for that purpose.

      2.  The person who removes [a] an original record pursuant to [this section] paragraph (b) of subsection 1 shall:

      [1.](a) Affix the name and address of the practitioner or pharmacist to the back of the record;

      [2.](b) Affix his or her initials, cause an agent of the practitioner or pharmacist to affix his or her initials and note the date of the removal of the record on the back of the record;

      [3.](c) Affix to the back of the record his or her name and title and the name and address of the agency for which the person is removing the record [to the back of the record;

      4.]; and

      (d) Provide the practitioner or pharmacist with a [receipt for] a photocopy of both sides of the record [; and

      5.  Return a photostatic copy of both sides of the record to the practitioner within 15 working days after the record is removed.] , or allow the practitioner or pharmacist to make such a photocopy, before removing the original record.

 


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      Sec. 63. NRS 639.310 is hereby amended to read as follows:

      639.310  Except as otherwise provided in [NRS 639.23507,] section 58 of this act, unless a greater penalty is specified, any person who violates any of the provisions of this chapter is guilty of a misdemeanor.

      Sec. 64.  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 606, SB 546

Senate Bill No. 546–Committee on Finance

 

CHAPTER 606

 

[Approved: June 16, 2017]

 

AN ACT relating to projects of capital improvement; authorizing certain expenditures by the State Public Works Division of the Department of Administration; levying a property tax to support the Consolidated Bond Interest and Redemption Fund; making appropriations; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the State Public Works Division of the Department of Administration the sum of $48,009,701 to support the Division in carrying out the program of capital improvements as summarized in this section. The amount is allocated to projects numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as follows:

 

      Description                                                             Project No.               Amount

      1.  Capital Improvements for the Department of Administration:

             Advance Planning: Central Plant Renovation, State Library, Archives and Public Records    17-P01...................................................................... $141,918

             Statewide Advance Planning Program............. 17-S04         $1,596,664

             Statewide Indoor Air Quality – Environmental 17-S06            $100,503

      2.  Capital Improvements for the Nevada Department of Corrections:

             Power Panel and Switchgear Infrared Survey, High Desert State Prison 17-M19    $276,553

             Planning Project to Replace Air Handling Units at Building 2, Lovelock Correctional Center 17-P02...................................................................... $158,506

             Advance Planning Project for a Housing Unit, Southern Desert Correctional Center    17-P06................................................................... $1,514,127

 


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ê2017 Statutes of Nevada, Page 4439 (Chapter 606, SB 546)ê

 

      Description                                                             Project No.               Amount

      3.  Capital Improvements for the Nevada System of Higher Education:

             Deferred Maintenance, Nevada System of Higher Education 17-M01 $7,677,887

             Advance Planning Education Academic Building, Nevada State College    17-P08      $3,483,871

      4.  Capital Improvements for the Nevada Department of Veterans Services:

             Northern Nevada State Veterans Home.......... 17-C13       $33,059,672

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2021, 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 17, 2021, 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 17, 2021.

      Sec. 3.  There is hereby appropriated from the State Highway Fund to the State Public Works Division of the Department of Administration the sum of $4,346,066 to support the Division in carrying out the program of capital improvements summarized in this section. The amount is allocated to projects numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as follows:

 

      Description                                                             Project No.               Amount

      Capital Improvements for the Department of Administration:

             Generator Replacement – Department of Motor Vehicles, Carson City 17-M24    $959,833

             Central Plant and Control System Upgrades, Nevada Highway Patrol Headquarters  17-M60...................................................................... $549,113

             Lighting Upgrades, Various Department of Motor Vehicle and Nevada Highway Patrol Facilities     17-M63.............................................................. $500,577

             Replace Exterior Entry Doors and Glazing Systems, Department of Motor Vehicles, Carson City     17-M65.............................................................. $514,721

             Replace Plumbing Fixtures, Department of Motor Vehicles, Carson City    17-M72    $149,358

             Roofing Replacement, Department of Motor Vehicles and Inspection Station, Henderson    17-S01h...................................................................... $585,329

            Pavement Maintenance and Construction, Department of Motor Vehicles, Carson City  17-S05h................................................................... $1,087,135

      Sec. 4.  Any remaining balance of the appropriations made by section 3 of this act must not be committed for expenditure after June 30, 2021, 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 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 17, 2021.

 


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ê2017 Statutes of Nevada, Page 4440 (Chapter 606, SB 546)ê

 

purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 17, 2021.

      Sec. 5.  The amounts appropriated pursuant to section 3 of this act from the State Highway Fund must be allocated by the State Controller as the money is required for the projects and must not be transferred to the projects from the State Highway Fund until required to make contract payments.

      Sec. 6.  The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $117,912,005 for the capital improvements summarized in this section. The amount is allocated to projects numbered and identified in the Executive Budget for the 2017-2019 biennium or otherwise described as follows:

 

      Description                                                             Project No.               Amount

      1.  Capital Improvements for the Department of Administration:

             Roof Replacement and Roof Seismic Stabilization, Old Gym, Stewart Campus    17-C09................................................................... $1,255,207

             Kinkead Building Demolition............................ 17-C14         $1,696,128

             Central Plant Renovation, Sawyer Building.. 17-M09         $1,758,950

             Upgrade Electrical Distribution and Circuitry, Attorney General’s Complex, Carson City 17-M14...................................................................... $799,329

             Upgrade Electric Power Transformers, Switches and Sub-metering, Stewart Campus  17-M23...................................................................... $570,197

             Ventilation and Temperature Control System Upgrades, Stewart Campus Buildings 6 and 107   17-M34.............................................................. $237,602

             Replace Domestic and Fire Water Main, Stewart Campus        17-M36 $2,925,215

             Central Plant Renovation - Phase II, Supreme Court Building 17-M40 $1,866,240

             Complete Phone and Data Network - Phase II, Stewart Campus 17-M45    $536,630

             Roofing Replacement and Roof Seismic Stabilization, Heroes Memorial Building Annex, Carson City................................................................. 17-M68             $577,668

             Exterior Renovation, Nevada State Capitol and Annex Building 17-M70    $1,875,964

             Statewide Roofing Program................................ 17-S01         $8,589,942

             Statewide Roofing Program, Washoe County Armory and Office of the Adjutant General, Carson City................................................................. 17-S01g             $684,404

Statewide ADA Program..................................... 17-S02         $2,374,275

Statewide Fire and Life Safety Program.......... 17-S03             $569,558

 


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ê2017 Statutes of Nevada, Page 4441 (Chapter 606, SB 546)ê

 

      Description                                                             Project No.               Amount

      2.  Capital Improvements for the Department of Conservation and Natural Resources:

             HVAC System Renovation, Sierra Front Interagency Dispatch Center, Minden     17-M37    $370,206

             HVAC System Renovation, Elko Interagency Dispatch Center 17-M54      $948,277

      3.  Capital Improvements for the Nevada Department of Corrections:

             Northern Nevada Correctional Center ADA Retrofit 17-C01 $6,040,047

             Building Systems and Finishes Renovation, Southern Desert Correctional Center, Housing Unit 8     17-C12........................................................... $6,213,488

             Upgrade of Building Door Controls-Phase II, High Desert State Prison 17-M02       $5,752,965

             Water Supply Nitrate Treatment, Humboldt Conservation Camp 17-M04  $1,244,457

             Replace Transformers, Florence McClure Women’s Correctional Center    17-M05    $248,407

             Heating Water and Electrical Distribution System Replacement, Northern Nevada Correctional Center......................................................................... 17-M10         $9,867,890

             Upgrade Intercom, Door Controls and Security Camera Systems, Florence McClure Women’s Correctional Center...................................... 17-M15         $3,468,136

             Surge Protection, Southern Desert Correctional Center              17-M17 $524,909

             Upgrade Wastewater Treatment Facilities, Wells Conservation Camp 17-M18 $524,736

             Replace Locks, Control Panels, Distress Buttons and Wing Gates, Northern Nevada Correctional Center......................................................................... 17-M22         $3,032,675

             Install Water Storage Tank, Ely Conservation Camp 17-M25 $1,198,044

             Heat Exchanger Replacement, Ely State Prison 17-M28     $2,638,781

             Install Water Storage Tank and Connect Well 6, Southern Desert Correctional Center      17-M29................................................................... $3,788,465

             Replace Air Handling Units at Building 3, Lovelock Correctional Center     17-M30    $2,324,318

             Domestic Water Pump House Replacement, Wells Conservation Camp     17-M33    $329,499

             Boiler Plant Upgrades, Wells Conservation Camp 17-M38    $544,843

             HVAC System Renovation, Regional Medical Facility, Northern Nevada Correctional Center    17-M46................................................................... $2,052,587

 


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ê2017 Statutes of Nevada, Page 4442 (Chapter 606, SB 546)ê

 

      Description                                                             Project No.               Amount

             Plumbing Fixture and Water Control Renovations, Housing Units 1 through 5 at Northern Nevada Correctional Center...................................... 17-M48         $2,000,539

             Upgrade Site Water Pressure Control, Southern Desert Correctional Center 17-M58    $273,462

             Remodel Showers and Restrooms, 5 Housing Units at Stewart Conservation Camp    17-M62................................................................... $3,007,651

             Plumbing Fixture Water Control Renovations, Housing Units 1 through 4 at Southern Desert Correctional Center ..................................... 17-M66         $1,628,990

      4.  Capital Improvements for the Department of Health and Human Services:

             Protective Barriers at Nursing Stations, Rawson Neal Hospital 17-C07 $852,156

             Emergency Generator and Transfer Switch Replacement, Building 3 – Stein Hospital       17-M07...................................................................... $697,769

             Replace Emergency Generator, Desert Regional Center            17-M08 $708,051

             Emergency Generator Upgrade, Northern Nevada Child and Adolescent Services 17-M11    $375,263

             Access Control System, Dini-Townsend Hospital 17-M16      $646,741

             Communications System Upgrade, Caliente Youth Center      17-M20 $2,143,624

             Security System Installation, Desert Regional Center 17-M21 $1,990,824

             Temperature Controls Replacement, Southern Nevada Adult Mental Health Services      17-M26...................................................................... $332,687

             HVAC Systems Renovation, Nevada Youth Training Center, Gym Building    17-M27    $1,161,808

             HVAC Replacement – Classroom, Dining and Gymnasium Buildings, Caliente Youth Center     17-M31...................................................................... $820,779

             Doors, Locks and Mechanisms Replacement, Summit View Youth Correctional Center   17-M32...................................................................... $437,844

             Boiler Replacement, Desert Willow Treatment Center               17-M35 $305,907

             Chiller Replacement, Building 7 at Southern Nevada Child and Adolescent Services Campus     17-M41...................................................................... $263,165

             Chiller Replacement, Northern Nevada Adult Mental Health Services, Building 8 17-M42    $304,885

 


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ê2017 Statutes of Nevada, Page 4443 (Chapter 606, SB 546)ê

 

      Description                                                             Project No.               Amount

             Communications System Upgrade, Nevada Youth Training Center 17-M44     $324,297

             HVAC Replacement, Buildings 11, 13 and 14 at Southern Nevada Child and Adolescent Services Campus.......................................................... 17-M47             $214,098

             Air Handling Unit Replacement and Direct Digital Control System Upgrade, Northern Nevada Adult Mental Health Services, Administration Building 1              17-M49 $1,278,326

             Air Handling Unit Replacement, Lake’s Crossing 17-M52   $1,012,204

             Upgrade Access Door Controls, Rawson Neal Psychiatric Hospital 17-M53       $1,551,253

      5.  Capital Improvements for the Office of the Military:

             National Guard Readiness Center.................... 17-C05             $220,768

             Power Service Upgrade, Stead Army Aviation Support Facility 17-M12 $32,381

             Power Service Upgrade, United States Property and Fiscal Office, Carson City       17-M13    $23,256

             Power Service Upgrade, Plumb Lane Armory 17-M43               $57,367

             Central Plant Renovation and Building Remodel, Carlin Readiness Center       17-M57    $479,926

             Remodel Restrooms and Showers, Stead Army Aviation Support Facility  17-M64    $41,236

      6.  Capital Improvements for the Nevada System of Higher Education:

             Furniture, Fixtures and Equipment for the University of Nevada, Las Vegas Hotel College Building 17-C02........................................................... $1,400,000

             Deferred Maintenance, Nevada System of Higher Education  17-M01 $3,838,271

             Advance Planning Health Sciences Building, College of Southern Nevada 17-P07      $3,390,987

      7.  Capital Improvements for the Department of Tourism and Cultural Affairs:

             Cultural and Welcome Centers, Stewart Campus 17-C08    $4,319,969

             Boiler Plant Renovation, Nevada State Museum in Carson City 17-M59    $239,003

             Refurbish Compact Shelving, Nevada Historical Society Building 17-M67 $148,960

             Remodel Loading Dock, Nevada State Museum, Las Vegas   17-M74 $216,778

      8.  Capital Improvements for the Department of Veterans Services:

             Northern Nevada State Veterans Home.......... 17-C13         $2,984,796

             Secondary Water Treatment Installation, Southern Nevada Veterans Home   17-M03    $211,542

             Air Handler Renovation, Southern Nevada Veterans Home    17-M51 $293,175

 


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ê2017 Statutes of Nevada, Page 4444 (Chapter 606, SB 546)ê

 

      Description                                                             Project No.               Amount

      9.  Capital Improvements for the Department of Wildlife:

             Water System Improvements, Mason Valley Wildlife Management Area Headquarters  17-M75...................................................................... $251,228

      Sec. 7.  Any remaining balance of the allocated amounts authorized in section 6 of this act must not be committed for expenditure after June 30, 2021, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 17, 2021.

      Sec. 8.  1.  Except as otherwise provided in subsection 2, the State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $42,016,797 for the project numbered and identified in the Executive Budget for the 2017-2019 biennium and otherwise described as Project 17-C04, Construct New Department of Motor Vehicles Service Office, Reno. The provisions of the State Securities Law, NRS 349.150 to 349.364, inclusive, apply to the bonds authorized by this subsection.

      2.  The State Board of Finance shall not issue the bonds described in subsection 1 unless the Board determines that the money budgeted or to be budgeted pursuant to subsection 3 will be sufficient to pay the bond repayment costs of the bonds authorized by subsection 1. In making its determination under this subsection, the State Board of Finance shall be entitled to rely on a certification of the Director of the Office of Finance in the Office of the Governor that the money budgeted and to be budgeted pursuant to subsection 3 will be sufficient to pay the bond repayment costs of the bonds authorized by subsection 1. Any determination by the State Board of Finance under this subsection shall be conclusive. As used in this subsection, “bond repayment costs” means the principal of and interest on the bonds and any other costs related to the payment of the bonds or compliance with covenants made in connection with those bonds, as estimated by the State Treasurer.

      3.  The Legislature intends that 12.0 percent of the annual bond repayment costs of the bonds authorized by subsection 1, and any bonds directly or indirectly, through a series of refundings, refunding those bonds, will be paid from the Pollution Control Account created by NRS 445B.830, and 88.0 percent of those annual bond repayment costs will be paid from annually available money in the State Highway Fund. The Director of the Office of Finance in the Office of the Governor, the Director of the Department of Transportation and the Director of the Department of Motor Vehicles are hereby directed to budget for payment of such bond repayment costs from the sources and in the proportions stated in this subsection in each budget or other spending plan presented to the Legislature for the expenditure of amounts in the Pollution Control Account created by NRS 445B.830 and the State Highway Fund after the effective date of this section until the bonds authorized by subsection 1 and any bonds directly or indirectly refunding those bonds are no longer outstanding. The money so budgeted to pay the annual bond repayment costs of the bonds authorized by subsection 1, and any bonds directly or indirectly, through a series of refundings, refunding those bonds, are hereby appropriated in each year to the Consolidated Bond Interest and Redemption Fund to pay such bond repayment costs. As used in this subsection, “annually available money in the State Highway Fund” means money remaining in the State Highway Fund in any year after all amounts required to pay bonds issued pursuant to NRS 408.273 in that year have been paid or provision for such payment has been made.

 


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ê2017 Statutes of Nevada, Page 4445 (Chapter 606, SB 546)ê

 

the State Highway Fund” means money remaining in the State Highway Fund in any year after all amounts required to pay bonds issued pursuant to NRS 408.273 in that year have been paid or provision for such payment has been made.

      Sec. 9.  Any remaining balance of the allocated amounts authorized in section 8 of this act must not be committed for expenditure after June 30, 2021, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 17, 2021.

      Sec. 10.  1.  Except as otherwise provided in subsection 2, the State Board of Finance may issue general obligation bonds of the State of Nevada in the face amount of not more than $41,500,000 for the project numbered and identified in the Executive Budget for the 2017-2019 biennium and otherwise described as Project 17-C06, Construction of New Engineering Building, University of Nevada, Reno. The provisions of the State Securities Law, NRS 349.150 to 349.364, inclusive, apply to the bonds authorized by this subsection.

      2.  The State Board of Finance shall not issue the bonds described in subsection 1 unless the Board determines that the money budgeted or to be budgeted pursuant to subsection 3 will be sufficient to pay the bond repayment costs of the bonds authorized by subsection 1. In making its determination under this subsection, the State Board of Finance shall be entitled to rely on a certification of the Director of the Office of Finance in the Office of the Governor that the money budgeted and to be budgeted pursuant to subsection 3 will be sufficient to pay the bond repayment costs of the bonds authorized by subsection 1. Any determination by the State Board of Finance under this subsection shall be conclusive. As used in this subsection, “bond repayment costs” means the principal of and interest on the bonds and any other costs related to the payment of the bonds or compliance with covenants made in connection with those bonds, as estimated by the State Treasurer.

      3.  The Legislature intends that the annual bond repayment costs of the bonds authorized by subsection 1, and any bonds directly or indirectly, through a series of refundings, refunding those bonds, will be paid from the State General Fund. The Director of the Office of Finance in the Office of the Governor is hereby directed to budget for payment of such bond repayment costs from the source stated in this subsection in each budget or other spending plan presented to the Legislature for the expenditure of amounts in the State General Fund after the effective date of this section until the bonds authorized by subsection 1 and any bonds directly or indirectly refunding those bonds are no longer outstanding. The money so budgeted to pay the annual bond repayment costs of the bonds authorized by subsection 1, and any bonds directly or indirectly, through a series of refundings, refunding those bonds, are hereby appropriated in each year to the Consolidated Bond Interest and Redemption Fund to pay such bond repayment costs.

      Sec. 11.  Any remaining balance of the allocated amounts authorized in section 10 of this act must not be committed for expenditure after June 30, 2021, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 17, 2021.

 


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ê2017 Statutes of Nevada, Page 4446 (Chapter 606, SB 546)ê

 

      Sec. 12.  There is hereby appropriated from the State General Fund the sum of $1,037,500 for Fiscal Year 2018-2019 for the exclusive purpose of funding debt service payments for the general obligation debt authorized in section 10 of this act, and which sum cannot be used for any other purpose.

      Sec. 13.  Any remaining balance of the appropriation made by section 12 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 14.  1.  The State Board of Finance may issue the bonds authorized pursuant to sections 6, 8 and 10 of this act at the time deemed appropriate by the Board based on the schedule established for the completion of the projects described in those sections.

      2.  The State Controller may advance temporarily from the State General Fund, upon the approval of the Director of the Office of Finance in the Office of the Governor, to the State Public Works Division of the Department of Administration, until the date on which the bonds authorized by sections 6 and 10 of this act are sold, amounts necessary to facilitate the start of the projects enumerated in sections 6 and 10 of this act. The amounts temporarily advanced by the State Controller must be made as the money is required for the projects and must not be transferred to the projects from the State General Fund until required to make contract payments. The advanced amounts must be repaid immediately to the State General Fund upon the issuance of the bonds or not later than the last business day in August immediately following the end of the fiscal year during which the advance is made.

      3.  The State Controller may advance temporarily from the State Highway Fund, upon the approval of the Director of the Office of Finance in the Office of the Governor, to the State Public Works Division of the Department of Administration, until the date on which the bonds authorized by section 8 of this act are sold, amounts necessary to facilitate the start of the project enumerated in section 8 of this act. The amounts temporarily advanced by the State Controller must be made as the money is required for the project and must not be transferred to the project from the State Highway Fund until required to make contract payments. The advanced amounts must be repaid immediately to the State Highway Fund upon the issuance of the bonds or not later than the last business day in August immediately following the end of the fiscal year during which the advance is made.

      4.  The Director of the Office of Finance in the Office of the Governor shall provide written notification to the State Controller, the State Treasurer and the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of the advances from the State General Fund and the State Highway Fund to the State Public Works Division of the Department of Administration pursuant to subsections 2 and 3. The Director of the Office of Finance in the Office of the Governor shall provide a reconciliation to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the advances authorized from the State General Fund and State Highway Fund and repayments to the State General Fund and the State Highway Fund made during any fiscal year during the 2017-2019 biennium.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 4447 (Chapter 606, SB 546)ê

 

repayments to the State General Fund and the State Highway Fund made during any fiscal year during the 2017-2019 biennium. The reconciliation must be provided not later than the last business day in August immediately following the end of the fiscal year during which the advance is made.

      Sec. 15.  1.  The State Public Works Division of the Department of Administration shall transfer the sum of $2,156,648 from the amounts authorized pursuant to section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, as last amended by section 37 of chapter 549, Statutes of Nevada 2015, at page 3950, for the project numbered and described in the Executive Budget for the 2009-2011 biennium or otherwise described as Project 09-C14, New readiness center – North Las Vegas, to the project as authorized in subsection 2.

      2.  The State Public Works Division of the Department of Administration shall use the $2,156,648 transferred pursuant to subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as Project 17-C05, National Guard Readiness Center.

      Sec. 16.  Any remaining balance of the amount transferred pursuant to section 15 of this act must not be committed for expenditure after June 30, 2021, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 17, 2021.

      Sec. 17.  1.  The State Public Works Division of the Department of Administration shall transfer the sum of $385,557 from the amounts authorized pursuant to section 7 of chapter 373, Statutes of Nevada 2011, at page 2198, as last amended by section 38 of chapter 549, Statutes of Nevada 2015, at page 3951, for the project numbered and described in the Executive Budget for the 2011-2013 biennium or otherwise described as Project 11-M14, Install electronic door controls-Warm Springs Correctional Center, to the project as authorized in subsection 2.

      2.  The State Public Works Division of the Department of Administration shall use the $385,557 transferred pursuant to subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as Project 17-C01, Northern Nevada Correctional Center ADA Retrofit.

      Sec. 18.  Any remaining balance of the amount transferred pursuant to section 17 of this act must not be committed for expenditure after June 30, 2021, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 17, 2021.

      Sec. 19.  1.  The State Public Works Division of the Department of Administration shall transfer the sum of $9,004,151 from the amounts authorized pursuant to sections 7, 10, 18 and 22 of chapter 445, Statutes of Nevada 2013, at pages 2573, 2577, 2581 and 2585, respectively, from the projects identified in this subsection to the projects as authorized in subsections 2 to 11, inclusive:

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 4448 (Chapter 606, SB 546)ê

 

      Description                                                             Project No.               Amount

      (a) Construct New Loading Dock and Replace Freight Elevator at Nevada State Museum – Carson City.......................................................................... 13-C05             $137,200

      (b) Compact Shelving, State Library and Archives Building – Carson City      13-C06     $161,704

      (c) Life Safety Upgrades – Lake’s Crossing........ 13-M01             $119,882

      (d) Fire/Smoke Control System Upgrades – Sawyer Office Building 13-M02    $111,000

      (e) Replace Door Control Panels – Lovelock Correctional Center, Phase I 13-M06    $100,000

      (f) Replace High-Mast Lighting, Main Electrical Loop and Switchgear – Southern Desert Correctional Center............................................................. 13-M07             $443,014

      (g) Mail Room HVAC System Installation – Sawyer Office Building 13-M08  $172,000

      (h) Boiler Plant Improvements – Lake’s Crossing 13-M09               $2,365

      (i) Replace Boiler Burners – Ely State Prison...... 13-M10             $170,030

      (j) Replace Air Handling Units – Ely State Prison, Phase I              13-M11 $2,227,000

      (k) Replace Air Handling Units – Lovelock Correctional Center   13-M12 $650,000

      (l) Underground Piping Assessment and Repair of Leaks – Lovelock Correctional Center     13-M13......................................................................... $24,311

      (m) Boiler Replacement – Florence McClure Women’s Correctional Center    13-M15    $48,000

      (n) Replace Rooftop HVAC Units – Florence McClure Women’s Correctional Center, Phase I   13-M16......................................................................... $42,000

      (o) HVAC System Renovation – Northern Nevada Correctional Center 13-M17   $24,720

      (p) Chiller and Boiler Replacement, Housing Unit 2 – Warm Springs Correctional Center      13-M18......................................................................... $35,000

      (q) HVAC Control System Upgrade – Desert Willow Treatment Center 13-M19    $97,000

      (r) Air Conditioner Installation in the Server Room – Las Vegas Readiness Center     13-M21    $57,569

      (s) Boiler Plant Improvements – Washoe County Armory             13-M22 $20,936

      (t) Install Air Conditioning – Henderson Armory 13-M24               $23,493

      (u) Electrical Power Upgrade – Henderson Armory 13-M25           $39,522

      (v) Chilled and Hot Water Piping Replacement – Sawyer Office Building, Phase I      13-M27    $284,000

      (w) Server Room Ventilation System Upgrades – Richard H. Bryan Building  13-M28    $19,883

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 4449 (Chapter 606, SB 546)ê

 

      Description                                                             Project No.               Amount

      (x) HVAC System Renovation, Buildings 6 and 107 – Stewart Complex 13-M29 $237,000

      (y) Replace HVAC Units – Lost City Museum.. 13-M30               $51,000

      (z) HVAC System Renovation, Administration Building – Northern Nevada Child and Adolescent Services......................................................................... 13-M31               $17,000

      (aa) HVAC System Replacement, Buildings 1307, 1308, 1309 and 1310 – Desert Regional Center       13-M32................................................................ $12,000

      (ab) Replace Rooftop HVAC Units, Building 15 – Southern Nevada Child and Adolescent Services     13-M34................................................................ $12,000

      (ac) HVAC System Renovation, Residential Buildings – Northern Nevada Child and Adolescent Services......................................................................... 13-M35                     $476

      (ad) HVAC System Renovation, Building 603 – Sierra Regional Center 13-M36   $12,948

      (ae) Power Service Upgrade, Spring Valley State Park 13-M37   $562,843

      (af) Boiler Plant Improvements – Blasdel Building 13-M38        $154,719

      (ag) HVAC System Renovation – Reno Wildlife Headquarters    13-M39 $10,784

      (ah) Replace Toilet and Urinal Flush Valves – Ely State Prison     13-M40 $335,905

      (ai) Shower and Bathroom Renovations and Sealing of Exterior Expansion Joints and Painting – Florence McClure Women’s Correctional Center... 13-M41             $500,000

      (aj) Exterior Building Protection – High Desert State Prison, Phase I 13-M43   $704,823

      (ak) Replace Man Doors – Stead Training Facility 13-M54           $16,196

      (al) Upgrades to Compact Shelving, State Library and Archives  13-M55 $81,172

      (am) Roof Replacement, Nevada State Veterans Home............... 13-M56 $98,000

      (an) Design through Construction Documents for Building Upgrades – Old Las Vegas Metro Building  13-P02.................................................................. $19,405

      (ao) Planning through Schematic Design for Seismic Retrofit and Building Renovations – Carson City Armory............................................................. 13-P03               $26,587

      (ap) Planning through Construction Documents for a New Facility Maintenance Shop and Remodel of Existing Field Maintenance Shop – Washoe County Armory 13-P04     $320,093

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 4450 (Chapter 606, SB 546)ê

 

      Description                                                             Project No.               Amount

      (aq) Planning through Construction Documents for Sanitary Sewer Upgrades – Southern Nevada Child and Adolescent Services, Southern Nevada Adult Mental Health Services and Desert Regional Center............................................................... 13-P06               $39,970

      (ar) Statewide Roofing Program............................. 13-S01               $26,088

      (as) Roof Replacement – Floyd Edsall Training Center 13-S01g     $8,683

      (at) Sidewalk Replacement and Restroom Remodel – Plumb Lane Armory    13-S02g    $19,049

      (au) Statewide Fire and Life Safety Program....... 13-S03             $700,000

      (av) Fire Sprinkler Installation – Nevada National Guard Warehouse, Carson City    13-S03g    $26,781

      2.  The State Public Works Division of the Department of Administration shall use the $188,200 transferred pursuant to paragraphs (a) and (y) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as Project 17-C08, Cultural and Welcome Centers, Stewart Campus.

      3.  The State Public Works Division of the Department of Administration shall use the $444,704 transferred pursuant to paragraphs (b), (d) and (g) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as Project 17-M34, Ventilation and Temperature Control System Upgrades, Stewart Campus Buildings 6 and 107.

      4.  The State Public Works Division of the Department of Administration shall use the $313,641 transferred pursuant to paragraphs (c), (h), (q), (z), (aa), (ab), (ac), (ad) and (aq) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as Project 17-M44, Communications System Upgrade, Nevada Youth Training Center.

      5.  The State Public Works Division of the Department of Administration shall use the $4,861,789 transferred pursuant to paragraphs (e), (i), (j), (k), (l), (m), (n), (o), (p), (ah), (ai) and (aj) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as Project 17-C01, Northern Nevada Correctional Center ADA Retrofit.

      6.  The State Public Works Division of the Department of Administration shall use the $443,014 transferred pursuant to paragraph (f) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as Project 17-C12, Building Systems and Finishes Renovation, Southern Desert Correctional Center, Housing Unit 8.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 4451 (Chapter 606, SB 546)ê

 

      7.  The State Public Works Division of the Department of Administration shall use the $477,809 transferred pursuant to paragraphs (r), (s), (t), (u), (ak) and (ap) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as Project 17-M57, Central Plant Renovation and Building Remodel, Carlin Readiness Center.

      8.  The State Public Works Division of the Department of Administration shall use the $1,603,367 transferred pursuant to paragraphs (v), (w), (x), (af), (al), (an), (ao), (ar), (as), (at), (au) and (av) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as Project 17-M09, Central Plant Renovation, Sawyer Building.

      9.  The State Public Works Division of the Department of Administration shall use the $562,843 transferred pursuant to paragraph (ae) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as Project 17-M37, HVAC System Renovation, Sierra Front Interagency Dispatch Center, Minden.

      10.  The State Public Works Division of the Department of Administration shall use the $10,784 transferred pursuant to paragraph (ag) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as Project 17-M75, Water System Improvements, Mason Valley Wildlife Management Area Headquarters.

      11.  The State Public Works Division of the Department of Administration shall use the $98,000 transferred pursuant to paragraph (am) of subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as Project 17-M03, Secondary Water Treatment Installation, Southern Nevada Veterans Home.

      Sec. 20.  Any remaining balance of the amount transferred pursuant to section 19 of this act must not be committed for expenditure after June 30, 2021, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 17, 2021.

      Sec. 21.  1.  The State Public Works Division of the Department of Administration shall transfer the sum of $514,170 from the amounts authorized pursuant to sections 6 and 11 of chapter 549, Statutes of Nevada 2015, at pages 3936 and 3941, respectively, for the project numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as Project 15-P02, Advance Planning, Nevada National Guard Readiness Center in North Las Vegas.

      2.  The State Public Works Division of the Department of Administration shall use the $514,170 transferred pursuant to subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as Project 17-C05, National Guard Readiness Center.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 4452 (Chapter 606, SB 546)ê

 

the project numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as Project 17-C05, National Guard Readiness Center.

      Sec. 22.  Any remaining balance of the amount transferred pursuant to section 21 of this act must not be committed for expenditure after June 30, 2021, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 17, 2021.

      Sec. 23.  1.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized for the following projects numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as follows:

 

      Description                                                             Project No.               Amount

      Furniture, Fixtures and Equipment for the University of Nevada, Las Vegas Hotel College Building 17-C02.................................................................. $1,400,000

      National Guard Readiness Center........................... 17-C05       $34,247,163

      Construction of New Engineering Building, University of Nevada, Reno 17-C06    $43,228,803

      Cultural and Welcome Centers, Stewart Campus 17-C08             $147,000

      Power Service Upgrade, Stead Army Aviation Support Facility      17-M12 $484,783

      Power Service Upgrade, United States Property and Fiscal Office, Carson City       17-M13    $345,125

      Power Service Upgrade, Plumb Lane Armory...... 17-M43             $135,143

      Central Plant Renovation and Building Remodel, Carlin Readiness Center       17-M57    $214,520

      Remodel Restrooms and Showers, Stead Army Aviation Support Facility 17-M64       $441,871

      Water System Improvements, Mason Valley Wildlife Management Area Headquarters  17-M75       $786,036

      Advance Planning: Computer Room Cooling System Upgrade, State Computer Facility  17-P03       $74,827

      Advance Planning: Southern Nevada Fleet Services Maintenance Facility, Grant Sawyer Site     17-P04       $541,783

      Advance Planning Health Sciences Building, College of Southern Nevada 17-P07      $1,000,000

      Statewide Roofing Program...................................... 17-S01               $17,000

      Statewide Roofing Program, Washoe County Armory and Office of the Adjutant General, Carson City       17-S01g....................................................... $620,365

      Statewide Indoor Air Quality – Environmental..... 17-S06             $100,000

      Statewide Building Official Program....................... 17-S09             $986,001

 


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ê2017 Statutes of Nevada, Page 4453 (Chapter 606, SB 546)ê

 

      2.  Expenditure of the following sum not appropriated from the State General Fund or the State Highway Fund is hereby authorized for the following project numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as follows:

 

      Description                                                             Project No.               Amount

      Advance Planning, Nevada National Guard Readiness Center in North Las Vegas      15-P02       $514,170

      3.  The State Public Works Division of the Department of Administration shall not execute a contract for construction of a project listed in subsection 1 until the Division has determined that the funding authorized in subsection 1 for the project has been received and is available for expenditure for the project.

      Sec. 24.  The State Public Works Division of the Department of Administration shall carry out the provisions of this act as provided in chapter 341 of NRS. The Division shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the Attorney General.

      Sec. 25.  All state and local governmental agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the State Public Works Division of the Department of Administration to expedite completion of the project.

      Sec. 26.  The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $1,000,000 in the 2017-2019 biennium as provided in NRS 383.530 for the program for awarding financial assistance to pay the actual expenses of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities.

      Sec. 27.  1.  The State Board of Finance shall issue $4,600,000 in general obligation bonds of the State in the 2017-2019 biennium for the purpose described in:

      (a) Subsection 1 of section 2;

      (b) Subsection 2 of section 2; and

      (c) Subsection 7 of section 2,

Ê of chapter 6, Statutes of Nevada 2001, 17th Special Session, at page 105.

      2.  The amount authorized to be issued under each paragraph of subsection 1 shall equal the difference between the amount authorized to be issued for the specific purpose identified in that subsection under section 2 of chapter 6, Statutes of Nevada 2001, 17th Special Session, at page 105, and the amount actually issued for that specific purpose before the effective date of this section.

      Sec. 28.  1.  The State Board of Finance shall issue $5,000,000 in general obligation bonds of the State in the 2017-2019 biennium for the purposes described in section 1 of chapter 437, Statutes of Nevada 2011, at page 2638.

      2.  The amount authorized to be issued under subsection 1 shall equal the difference between the amount authorized to be issued for the specific purposes identified in section 1 of chapter 437, Statutes of Nevada 2011, at page 2638, and the amount actually issued for those specific purposes before the effective date of this section.

 


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ê2017 Statutes of Nevada, Page 4454 (Chapter 606, SB 546)ê

 

      Sec. 29.  The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $1,000,000 in the 2017-2019 biennium as provided in NRS 349.986 for the program for providing grants for water conservation and capital improvements to certain water systems.

      Sec. 30.  1.  An ad valorem tax of 15.45 cents on each $100 of assessed valuation of taxable property is hereby levied for Fiscal Year 2017-2018, and an ad valorem tax of 15.45 cents on each $100 of assessed valuation is hereby levied for Fiscal Year 2018-2019. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this State, including, without limitation, the net proceeds of minerals and excluding such property as is by law exempt from taxation. Notwithstanding the provisions of NRS 361.453 to the contrary, 0.45 cents of the levies imposed pursuant to this subsection must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.

      2.  An ad valorem tax of 1.55 cents on each $100 of assessed valuation of taxable property is hereby levied for Fiscal Year 2017-2018, and an ad valorem tax of 1.55 cents on each $100 of assessed valuation is hereby levied for Fiscal Year 2018-2019. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this State, including, without limitation, the net proceeds of minerals and excluding such property as is by law exempt from taxation. The proceeds of the taxes levied pursuant to this subsection must be used exclusively for the repayment of bonded indebtedness issued pursuant to the provisions of chapter 6, Statutes of Nevada 2001, 17th Special Session, at page 104. Notwithstanding the provisions of NRS 361.453 to the contrary, the levies imposed pursuant to this subsection must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.

      3.  The proceeds of the taxes levied by this section are hereby appropriated in each fiscal year to the Consolidated Bond Interest and Redemption Fund to discharge the obligations of the State of Nevada as they are respectively due in that fiscal year. Any balance of the money appropriated by this section remaining at the end of the respective fiscal years does not revert to the State General Fund.

      Sec. 31.  1.  On or before July 1, 2017, and July 1, 2018, the State Treasurer shall estimate the amount of proceeds of the taxes levied by section 30 of this act. If the sum of that estimate and the balance of ad valorem reserves in the Consolidated Bond Interest and Redemption Fund is less than the total obligation of the State of Nevada for payment of the interest on and principal of bonds which will become due in the fiscal year, the State Treasurer shall ask the State Controller to reserve in the State General Fund an amount which is sufficient to pay the remainder of the total obligation. The State Treasurer may revise the estimate and amount reserved.

      2.  If the money in the Consolidated Bond Interest and Redemption Fund is insufficient to pay those obligations as they become due, the State Controller shall cause the money in reserve to be transferred from the State General Fund to the Consolidated Bond Interest and Redemption Fund. The amount reserved is hereby contingently appropriated for that purpose. Any balance of the sums appropriated by this subsection remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 21, 2018, and September 20, 2019, respectively.

 


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ê2017 Statutes of Nevada, Page 4455 (Chapter 606, SB 546)ê

 

June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 21, 2018, and September 20, 2019, respectively.

      3.  The State Treasurer shall report to the Legislature or, if the Legislature is not in session, to the Interim Finance Committee:

      (a) The amount of any estimate made pursuant to subsection 1 and the amount of money reserved in the State General Fund based upon the estimate;

      (b) The amount of money transferred from the State General Fund pursuant to subsection 2; and

      (c) The amount of money which reverts to the State General Fund pursuant to subsection 2.

      Sec. 32.  The State Board of Finance, in its capacity as the State General Obligation Bond Commission and to the extent that money is available, shall pay the expenses related to the issuance of general obligation bonds approved by the 79th Session of the Nevada Legislature from the proceeds of those bonds.

      Sec. 33.  1.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized from the Consolidated Bond Interest and Redemption Fund in the amount of $146,628,280 for Fiscal Year 2017-2018, and in the amount of $141,157,898 for Fiscal Year 2018-2019.

      2.  Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program for any account within the Consolidated Bond Interest and Redemption Fund for the payment of principal, interest and related costs of issuance for securities approved by the State Legislature pursuant to the provisions of this act.

      Sec. 34.  1.  With the approval of the Interim Finance Committee, the State Public Works Division of the Department of Administration and the Nevada System of Higher Education may transfer appropriated, allocated and authorized money from one project to another within the same agency or within the Nevada System of Higher Education for those projects listed in sections 1, 3, 6, 10, 15, 17, 19, 21 and 35 of this act.

      2.  Transfers of money pursuant to subsection 1 to or from projects that are also authorized in section 23 of this act must maintain the overall ratio of appropriated, allocated and authorized money in total for those projects.

      Sec. 35.  The money collected pursuant to the annual tax on slot machines imposed pursuant to NRS 463.385 that is distributed to the Special Capital Construction Fund for Higher Education, except any amount of that money which is needed to pay the principal and interest on bonds, is appropriated to the State Public Works Division of the Department of Administration in the sum of $3,483,842 for the project numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as project 17-M01, Deferred Maintenance, Nevada System of Higher Education.

      Sec. 36.  Any remaining balance of the appropriation made by section 35 of this act must not be committed for expenditure after June 30, 2021, 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 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund of origin on or before September 17, 2021.

 


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ê2017 Statutes of Nevada, Page 4456 (Chapter 606, SB 546)ê

 

was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund of origin on or before September 17, 2021.

      Sec. 37. Section 23 of chapter 549, Statutes of Nevada 2015, at page 3946, is hereby amended to read as follows:

       Sec. 23.  1.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized for the following projects numbered and described in the Executive Budget for the 2015-2017 biennium or otherwise described as follows:

 

       Description                                                Project No.               Amount

       Renovation of the Metro Building, Las Vegas 15-C05      $692,969

       Organizational Parking Lot Lighting, Floyd Edsall Training Center 15-C06 $744,020

       Security Fence Addition, Stead Training Center 15-C07   $214,877

       Construct New Northern Nevada State Veterans Home      15-C77 [$34,059,383]

                                                                                                         $2,000,000

       Construct New Hotel College Academic Building, University of Nevada Las Vegas    15-C78........................................................ $24,395,417

       Construct New Facility Maintenance Shop, Washoe County Armory    15-C79     $8,692,000

       Central Plant Renovation, Clark County Armory                15-M34 $493,104

       Install Destratification Fans, Office of the Military, Carson City, Las Vegas and Yerington   15-M35..................................................... $196,974

       Replace Domestic Water Heaters, Stead Army Aviation Support Facility   15-M98    $202,695

       Replace Domestic Water Heaters, Stead Regional Training Institute     15-M99    $451,156

       Statewide Roofing Program....................... 15-S01                 $46,500

       Roof Replacement, Office of the Military, Elko Readiness Center and Henderson Armory   15-S01g..................................................... $339,714

       Preventative Maintenance for Existing Pavement, Nevada National Guard Stead Training Center................................................................ 15-S05g                 $66,606

       Preventative Maintenance for Existing Pavement and New Paving, Nevada National Guard Fallon Readiness Center and Washoe Readiness Center 15-S05g1   $139,050

 


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ê2017 Statutes of Nevada, Page 4457 (Chapter 606, SB 546)ê

 

       Description                                                Project No.               Amount

       Statewide Indoor Air Quality..................... 15-S06               $100,000

       Statewide Building Official Program........ 15-S09               $935,706

       2.  The State Public Works Division of the Department of Administration shall not execute a contract for construction of a project listed in subsection 1 that includes federal funding until the Division has determined that the federal funding for the project has been received and is available for expenditure for the project.

      Sec. 38.  If the Department of Veterans Services receives a grant from the United States Department of Veterans Affairs for the project numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as Project 17-C13, Northern Nevada State Veterans Home, the Department of Veterans Services shall immediately deposit the money so received in the State General Fund.

      Sec. 39. Section 2 of chapter 440, Statutes of Nevada 2009, as last amended by section 37 of chapter 549, Statutes of Nevada 2015, at page 3950, is hereby amended to read as follows:

       Sec. 2.  1.  Except as otherwise provided in this section, any remaining balance of the allocated amounts authorized in section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, must not be committed for expenditure after June 30, 2013, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2013.

       2.  Any remaining balance of the allocated amounts authorized in section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, for the following projects, must not be committed for expenditure after June 30, 2015, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 18, 2015:

 

       Description                                                                              Project No.

       (a) Complete permanent exhibit construction – Las Vegas Springs Preserve Museum      09-C04

       (b) Medical Education Learning Lab Building, UNHSS..... 09-C05

       (c) Field maintenance shop facility at the Las Vegas Readiness Center      09-C13

       (d) New Elko County Readiness Center................................ 09-C15

       (e) Water supply backflow prevention for the Bradley Building and Stewart Facility 09-M02a

       (f) Well replacement at the Nevada Youth Training Center 09-M08

       (g) Sewage dump station upgrade at Stewart Conservation Camp. 09-M32

       3.  Any remaining balance of the allocated amounts authorized in section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, for the following project, must not be committed for expenditure after June 30, 2014, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 19, 2014:

 


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ê2017 Statutes of Nevada, Page 4458 (Chapter 606, SB 546)ê

 

Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 19, 2014:

 

       Description                                                                              Project No.

       Statewide Advance Planning Program..................................... 09-S04

       4.  Any remaining balance of the allocated amounts authorized in section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, for the project 09-C14, New readiness center – North Las Vegas, [following projects,] must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2017 . [:

 

       Description                                                                              Project No.

       New readiness center – North Las Vegas................................ 09-C14

       Southern Nevada Veterans Cemetery expansion................ 09-C18]

       5.  Any remaining balance of the allocated amounts authorized in section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, for project 09-C18, Southern Nevada Veterans’ Cemetery expansion, must not be committed for expenditure after June 30, 2019, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2019.

      Sec. 40. Section 2 of chapter 445, Statutes of Nevada 2013, at page 2572, is hereby amended to read as follows:

       Sec. 2.  [Any]

       1.  Except as otherwise provided in subsection 2, any remaining balance of the appropriations made by section 1 of [this act] chapter 445, Statutes of Nevada 2013, at page 2572, must not be committed for expenditure after June 30, 2017, 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 15, 2017, 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 15, 2017.

       2.  Any remaining balance of the appropriations made by section 1 of chapter 445, Statutes of Nevada 2013, at page 2572, for project 13-P07, Advance Planning through Bid Documents for a 96 Bed Northern Nevada State Veterans Home, 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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ê2017 Statutes of Nevada, Page 4459 (Chapter 606, SB 546)ê

 

      Sec. 41. Section 8 of chapter 445, Statutes of Nevada 2013, at page 2576, is hereby amended to read as follows:

       Sec. 8.  [Any]

       1.  Except as otherwise provided in subsection 2, any remaining balance of the allocated amounts authorized in section 7 of [this act] chapter 445, Statutes of Nevada 2013, at page 2573, must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Interest and Redemption Fund on or before September 15, 2017.

       2.  Any remaining balance of the allocated amounts authorized in section 7 of chapter 445, Statutes of Nevada 2013, at page 2573, for the following projects, must not be committed for expenditure after June 30, 2019, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2019:

 

       Description                                                                             Project No.

       Replace Emergency Generator, Buildings 1306 and 1391 – Desert Regional Center      13-M33

       Shower and Bathroom Renovations and Sealing of Exterior Expansion Joints and Painting – Florence McClure Women’s Correctional Center........................ 13-M41

       Advance Planning through Bid Documents for a 96 Bed Northern Nevada State Veterans Home  13-P07

      Sec. 42. Section 11 of chapter 445, Statutes of Nevada 2013, at page 2580, is hereby amended to read as follows:

       Sec. 11.  [Any]

       1.  Except as otherwise provided in subsection 2, any remaining balance of the amount transferred in section 10 of [this act] chapter 445, Statutes of Nevada 2013, at page 2577, must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Interest and Redemption Fund on or before September 15, 2017.

       2.  Any remaining balance of the amount transferred in section 10 of chapter 445, Statutes of Nevada 2013, at page 2577, for the following projects, must not be committed for expenditure after June 30, 2019, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2019:

       Description                                                                             Project No.

       Water Production Well – Indian Springs Prison Complex 13-C04

       Replace Emergency Generator, Buildings 1306 and 1391 – Desert Regional Center      13-M33

       Shower and Bathroom Renovations and Sealing of Exterior Expansion Joints and Painting – Florence McClure Women’s Correctional Center........................ 13-M41

 


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ê2017 Statutes of Nevada, Page 4460 (Chapter 606, SB 546)ê

 

       Description                                                                             Project No.

       Advance Planning through Bid Documents for a 96 Bed Northern Nevada State Veterans Home  13-P07

      Sec. 43. Section 19 of chapter 445, Statutes of Nevada 2013, at page 2583, is hereby amended to read as follows:

       Sec. 19.  [Any]

       1.  Except as otherwise provided in subsection 2, any remaining balance of the amount transferred in section 18 of [this act] chapter 445, Statutes of Nevada 2013, at page 2581, must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Interest and Redemption Fund on or before September 15, 2017.

       2.  Any remaining balance of the amount transferred in section 18 of chapter 445, Statutes of Nevada 2013, at page 2581, for project 13-C04, Water Production Well – Indian Springs Prison Complex, must not be committed for expenditure after June 30, 2019, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2019.

      Sec. 44. Section 21 of chapter 445, Statutes of Nevada 2013, at page 2585, is hereby amended to read as follows:

       Sec. 21.  [Any]

       1.  Except as otherwise provided in subsection 2, any remaining balance of the amount transferred in section 20 of [this act] chapter 445, Statutes of Nevada 2013, at page 2583, must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Interest and Redemption Fund on or before September 15, 2017.

       2.  Any remaining balance of the amount transferred in section 20 of chapter 445, Statutes of Nevada 2013, at page 2583, for the following projects, must not be committed for expenditure after June 30, 2019, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2019:

 

       Description                                                                             Project No.

       Water Production Well – Indian Springs Prison Complex 13-C04

       Advance Planning through Bid Documents for a 96 Bed Northern Nevada State Veterans Home  13-P07

      Sec. 45. Section 23 of chapter 445, Statutes of Nevada 2013, at page 2586, is hereby amended to read as follows:

       Sec. 23.  [Any]

       1.  Except as otherwise provided in subsection 2, any remaining balance of the amount transferred in section 22 of [this act] chapter 445, Statutes of Nevada 2013, at page 2585, must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Interest and Redemption Fund on or before September 15, 2017.

 


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ê2017 Statutes of Nevada, Page 4461 (Chapter 606, SB 546)ê

 

       2.  Any remaining balance of the amount transferred in section 22 of chapter 445, Statutes of Nevada 2013, at page 2585, for the following projects, must not be committed for expenditure after June 30, 2019, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2019:

 

       Description                                                                             Project No.

       Water Production Well – Indian Springs Prison Complex 13-C04

       Advance Planning through Bid Documents for a 96 Bed Northern Nevada State Veterans Home  13-P07

      Sec. 46. Section 8 of chapter 549, Statutes of Nevada 2015, at page 3939, is hereby amended to read as follows:

       Sec. 8.  1.  Except as otherwise provided in subsection 2, the State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $22,950,650 for the project numbered and identified in the Executive Budget for the 2015-2017 biennium and otherwise described as Project 15-C04, Construct New Department of Motor Vehicles Service Office, East Sahara Complex. The provisions of the State Securities Law, NRS 349.150 to 349.364, inclusive, apply to the bonds authorized by this subsection.

       2.  The State Board of Finance shall not issue the bonds described in subsection 1 unless the Board determines that the money budgeted or to be budgeted pursuant to subsection 3 will be sufficient to pay the bond repayment costs of the bonds authorized by subsection 1. In making its determination under this subsection, the State Board of Finance shall be entitled to rely on a certification of the Director of the Office of Finance in the Office of the Governor that the money budgeted and to be budgeted pursuant to subsection 3 will be sufficient to pay the bond repayment costs of the bonds authorized by subsection 1. Any determination by the State Board of Finance under this subsection shall be conclusive. As used in this subsection, “bond repayment costs” means the principal of and interest on the bonds and any other costs related to the payment of the bonds or compliance with covenants made in connection with those bonds, as estimated by the State Treasurer.

       3.  The Legislature intends that 12.5 percent of the annual bond repayment costs of the bonds authorized by subsection 1, and any bonds directly or indirectly, through a series of refundings, refunding those bonds, will be paid from the Pollution Control Account created by NRS 445B.830, and 87.5 percent of those annual bond repayment costs will be paid from annually available money in the State Highway Fund [.] for the 2015-2017 biennium. The Legislature intends that 11.85 percent of the annual bond repayment costs of the bonds authorized by subsection 1, and any bonds directly or indirectly, through a series of refundings, refunding those bonds, will be paid from the Pollution Control Account created by NRS 445B.830, and 88.15 percent of those annual bond repayment costs will be paid from annually available money in the State Highway Fund for the 2017-2019 biennium moving forward, based on the final square footage allocation determined following the completion of construction of the project numbered and identified in the Executive Budget for the 2015-2017 biennium and otherwise described as Project 15-C04, Construct New Department of Motor Vehicles Service Office, East Sahara Complex.

 


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ê2017 Statutes of Nevada, Page 4462 (Chapter 606, SB 546)ê

 

Fund for the 2017-2019 biennium moving forward, based on the final square footage allocation determined following the completion of construction of the project numbered and identified in the Executive Budget for the 2015-2017 biennium and otherwise described as Project 15-C04, Construct New Department of Motor Vehicles Service Office, East Sahara Complex. The Director of the Office of Finance in the Office of the Governor, the Director of the Department of Transportation and the Director of the Department of Motor Vehicles are hereby directed to budget for payment of such bond repayment costs from the sources and in the proportions stated in this subsection in each budget or other spending plan presented to the Legislature for the expenditure of amounts in the Pollution Control Account created by NRS 445B.830 and the State Highway Fund after the effective date of this section until the bonds authorized by subsection 1 and any bonds directly or indirectly refunding those bonds are no longer outstanding. The money so budgeted to pay the annual bond repayment costs of the bonds authorized by subsection 1, and any bonds directly or indirectly, through a series of refundings, refunding those bonds, are hereby appropriated in each year to the Consolidated Bond Interest and Redemption Fund to pay such bond repayment costs. As used in this subsection, “annually available money in the State Highway Fund” means money remaining in the State Highway Fund in any year after all amounts required to pay bonds issued pursuant to NRS 408.273 in that year have been paid or provision for such payment has been made.

      Sec. 47. Section 9 of chapter 549, Statutes of Nevada 2015, at page 3940, is hereby amended to read as follows:

       Sec. 9. Any remaining balance of the allocated amounts authorized in section 8 of [this act] chapter 549, Statutes of Nevada 2015, at page 3939, must [not] either:

       1.  Not be committed for expenditure after June 30, 2019, and [must] be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2019 [.] ; or

       2.  Be transferred for the project numbered and described in the Executive Budget for the 2017-2019 biennium or otherwise described as Project 17-C04, Construct New Department of Motor Vehicles Service Office, Reno, and spent before the expenditure of the proceeds of any general obligation bonds of the State of Nevada issued pursuant to section 8 of this act. Any such funds transferred pursuant to this subsection must not be committed for expenditure after June 30, 2021, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 17, 2021.

      Sec. 48.  This act becomes effective upon passage and approval.

________

 


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ê2017 Statutes of Nevada, Page 4463 (Chapter 606, SB 546)ê

 

EMERGENCY REQUEST of Speaker of the Assembly

 

CHAPTER 607, AB 522

Assembly Bill No. 522–Assemblymen Frierson and Benitez-Thompson

 

CHAPTER 607

 

[Approved: June 16, 2017]

 

AN ACT making an appropriation to the NevadaTeach Program at the University of Nevada, Reno; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the NevadaTeach Program at the University of Nevada, Reno the sum of $300,000 in Fiscal Year 2017-2018 to assist students at the University of Nevada, Reno to obtain certification to teach mathematics, science or engineering at the middle school or high school level.

      Sec. 2.  The sum appropriated by section 1 of this act is available for expenditure in Fiscal Year 2017-2018 and Fiscal Year 2018-2019. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 3.  This act becomes effective on July 1, 2017.

________

 

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 4464ê

 

CHAPTER 608, AB 69

Assembly Bill No. 69–Committee on Transportation

 

CHAPTER 608

 

[Approved: June 16, 2017]

 

AN ACT relating to transportation; revising requirements for the testing or operation of an autonomous vehicle on a highway within this State; authorizing the use of driver-assistive platooning technology; authorizing the use of a fully autonomous vehicle to provide transportation services in certain circumstances by persons licensed by the Department of Motor Vehicles, Nevada Transportation Authority or Taxicab Authority; providing for the regulation of autonomous vehicle network companies; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Motor Vehicles to adopt regulations authorizing the operation of autonomous vehicles on highways within this State. (NRS 482A.100) Existing law also provides certain requirements which must be met before an autonomous vehicle is tested or operated on a highway within this State. (NRS 482A.060-482A.080) Section 5.6 of this bill prohibits a local government from imposing a tax, fee or other requirement on an automated driving system or autonomous vehicle. Section 5.8 of this bill requires a person responsible for the testing of an autonomous vehicle to report certain crashes to the Department. Section 6 of this bill authorizes the Department to impose an administrative fine for violations of laws and regulations relating to autonomous vehicles. Section 8 of this bill allows a fully autonomous vehicle to be tested or operated on a highway within this State with the automated driving system engaged and without a human operator if the vehicle is capable of achieving a minimal risk condition upon a failure of its automated driving system. Section 9 of this bill allows an autonomous vehicle or fully autonomous vehicle to be tested or operated on a highway within this State if the vehicle satisfies certain requirements relating to safety if an automated driving system fails. Section 9.5 of this bill extends immunity from liability for damages caused by modifications by an unauthorized third party to the original manufacturer or developer of an automated driving system. Section 10 of this bill authorizes the Department to adopt certain regulations relating to autonomous vehicles. Section 5.4 of this bill authorizes the use of driver-assistive platooning technology within this State. Section 11.7 of this bill excludes a vehicle using driver-assistive platooning technology from the provisions of law prohibiting the driver of a vehicle from following another vehicle too closely. Section 11.5 of this bill defines the term “driver” for the purposes of the traffic laws of this State to include the owner of a fully autonomous vehicle and the person who causes the automated driving system of any other autonomous vehicle to engage.

      Existing law requires: (1) each person operating as a common, contract or private motor carrier in this State to obtain a license from the Department of Motor Vehicles; (2) each person who engages in the taxicab business in certain counties to hold a certificate of public convenience and necessity issued by the Public Service Commission of Nevada before July 1, 1981, or by the Taxicab Authority; and (3) each person who engages in the business of a transportation network company in this State to hold a permit issued by the Nevada Transportation Authority. (NRS 706.491, 706.881, 706.8827, 706A.110) Sections 14.2-14.9 of this bill provide for the permitting by the Nevada Transportation Authority of autonomous vehicle network companies and the regulation by the Authority of the provision of transportation services using fully autonomous vehicles in a manner generally consistent with the regulation of transportation network companies by the Authority. Section 14.24 of this bill defines an “autonomous vehicle network company” as an entity that, for compensation, connects a passenger to a fully autonomous vehicle to provide transportation services.

 


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this bill defines an “autonomous vehicle network company” as an entity that, for compensation, connects a passenger to a fully autonomous vehicle to provide transportation services. Sections 14.03-14.09 of this bill impose an excise tax on the connection of a passenger to a fully autonomous vehicle for the purpose of providing transportation services in a manner generally consistent with similar excise taxes imposed on connections by common motor carriers, taxicabs and transportation network companies. Section 14.9 of this bill requires an autonomous vehicle network company to maintain insurance for the payment of tort liabilities arising from the operation of a fully autonomous vehicle to provide transportation services. Sections 21 and 31 of this bill require the Nevada Transportation Authority and the Taxicab Authority, respectively, to authorize a common motor carrier or contract motor carrier or a certificate holder to use one or more fully autonomous vehicles in certain circumstances. Section 54 of this bill provides that a transportation network company may obtain a permit to operate an autonomous vehicle network company.

 

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 482A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2. “Driver-assistive platooning technology” means technology which enables two or more trucks or other motor vehicles to travel on a highway at electronically coordinated speeds in a unified manner at a following distance that is closer than would be reasonable and prudent without the use of the technology. The term does not include an automated driving system.

      Sec. 2.3. “Dynamic driving task” means all of the real-time operational and tactical functions required to operate an autonomous vehicle in traffic on a highway. The term does not include functions relating to planning for the use of the vehicle, including, without limitation, the scheduling of a trip or the selection of a destination or waypoint.

      Sec. 2.5. “Fully autonomous vehicle” means a vehicle equipped with an automated driving system which is designed to function at a level of driving automation of level 4 or 5 pursuant to SAE J3016.

      Sec. 2.7. “Minimal risk condition” means a condition in which an autonomous vehicle operating without a human driver, upon experiencing a failure of its automated driving system that renders the autonomous vehicle unable to perform the dynamic driving task, achieves a reasonably safe state which may include, without limitation, bringing the autonomous vehicle to a complete stop.

      Sec. 3. “Operational design domain” means a description of the specific domain or domains in which an automated driving system is designed to properly operate, including, without limitation, types of roadways, ranges of speed and environmental conditions.

      Sec. 4. “SAE J3016” means the document published by SAE International on September 30, 2016, as “Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles” or a document determined by the Department to be a subsequent version which is approved by the Department by regulation.

      Secs. 5 and 5.2.  (Deleted by amendment.)

 


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      Sec. 5.4. A truck or other motor vehicle may use driver-assistive platooning technology on a highway within this State only if the truck or other motor vehicle and the driver-assistive platooning technology are capable of being operated in compliance with the applicable motor vehicle laws and traffic laws of this State, unless the truck or other motor vehicle has been granted an exemption by the Department.

      Sec. 5.6. 1.  Notwithstanding any other provision of law and except as otherwise provided in this chapter, only the Department may adopt regulations or impose any requirement relating to the technology of an automated driving system or autonomous vehicle, and any such regulations adopted, ordinance enacted or requirement imposed by another governmental entity or local government is void.

      2.  A local government shall not impose any tax or fee or impose any other requirement on an automated driving system or autonomous vehicle or on a person who operates an autonomous vehicle.

      Sec. 5.8. Any person responsible for the testing of an autonomous vehicle shall report to the Department, within 10 business days after a motor vehicle crash, any motor vehicle crash involving the testing of the autonomous vehicle which results in personal injury or property damage estimated to exceed $750. The Department shall prescribe by regulation the information which must be included in such a report.

      Sec. 6. 1.  The Department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of this chapter or any regulation adopted pursuant thereto.

      2.  In addition to any other penalty provided by this chapter, it is a gross misdemeanor for any person knowingly to falsify an application to obtain a license for an autonomous vehicle certification facility or any other document submitted to or issued by the Department pursuant to this chapter.

      Sec. 7. NRS 482A.010 is hereby amended to read as follows:

      482A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482A.025, 482A.030 and 482A.040 and sections 2 to 4, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 7.3. NRS 482A.025 is hereby amended to read as follows:

      482A.025  [“Autonomous technology” means technology which is installed on a motor vehicle and which has the capability to drive the motor vehicle without the active control or monitoring of a human operator. The term does not include an active safety system or a system for driver assistance, including, without limitation, a system to provide electronic blind spot detection, crash avoidance, emergency braking, parking assistance, adaptive cruise control, lane keeping assistance, lane departure warning, or traffic jam and queuing assistance, unless any such system, alone or in combination with any other system, enables the vehicle on which the system is installed to be driven without the active control or monitoring of a human operator.] “Automated driving system” has the meaning ascribed to it in SAE J3016.

      Sec. 7.5. NRS 482A.030 is hereby amended to read as follows:

      482A.030  “Autonomous vehicle” means a motor vehicle that is equipped with [autonomous technology.] an automated driving system which is designed to function at a level of driving automation of level 3, 4 or 5 pursuant to SAE J3016. The term includes a fully autonomous vehicle.

 


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      Sec. 7.7. NRS 482A.060 is hereby amended to read as follows:

      482A.060  Before a person [or entity] begins testing an autonomous vehicle on a highway within this State, the person [or entity] must:

      1.  Submit to the Department proof of insurance or self-insurance acceptable to the Department in the amount of $5,000,000; or

      2.  Make a cash deposit or post and maintain a surety bond or other acceptable form of security with the Department in the amount of $5,000,000.

      Sec. 8. NRS 482A.070 is hereby amended to read as follows:

      482A.070  [If]

      1.  Except as otherwise provided in subsection 2, if an autonomous vehicle is being tested or operated on a highway within this State, a human operator must be:

      [1.](a) Seated in a position which allows the human operator to take immediate manual control of the autonomous vehicle;

      [2.  Monitoring the safe operation of the autonomous vehicle; and

      3.]and

      (b) Capable of taking over immediate manual control of the autonomous vehicle in the event of a failure of the [autonomous technology] automated driving system or other emergency.

      2.  A fully autonomous vehicle may be tested or operated on a highway within this State with the automated driving system engaged and without a human operator being present within the fully autonomous vehicle if the fully autonomous vehicle satisfies the requirements of paragraph (b) of subsection 2 of NRS 482A.080.

      Sec. 9. NRS 482A.080 is hereby amended to read as follows:

      482A.080  1.  An autonomous vehicle shall not be registered in this State unless the autonomous vehicle [meets all federal standards and regulations that are applicable to a motor vehicle.] has affixed to it a label pursuant to 49 C.F.R. § 567.4.

      2.  [An] Except as otherwise provided in subsection 3, an autonomous vehicle shall not be tested or operated on a highway within this State with a human operator unless the autonomous vehicle is [:] capable of operating in compliance with the applicable motor vehicle laws and traffic laws of this State, unless an exemption has been granted by the Department, and:

      (a) If the autonomous vehicle is not a fully autonomous vehicle, the autonomous vehicle is:

             (1) Equipped with a means to engage and disengage the [autonomous technology] automated driving system which is easily accessible to the human operator of the autonomous vehicle;

      [(b)](2) Equipped with [a visual] an indicator located inside the autonomous vehicle which indicates when [autonomous technology] the automated driving system is operating the autonomous vehicle;

      [(c)]and

             (3) Equipped with a means to alert the human operator to take manual control of the autonomous vehicle if a failure of the [autonomous technology has been detected and such failure affects the ability of the autonomous technology to operate safely the autonomous vehicle; and

      (d) Capable of being operated in compliance with the applicable motor vehicle laws and traffic laws of this State.] automated driving system occurs which renders the automated driving system unable to perform the dynamic driving task relevant to its intended operational design domain; and

 


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      (b) If the autonomous vehicle is a fully autonomous vehicle, the fully autonomous vehicle is capable of achieving a minimal risk condition if a failure of the automated driving system occurs which renders the automated driving system unable to perform the dynamic driving task relevant to its intended operational design domain.

      3.  If a federal law or regulation provides standards for the operation of an autonomous vehicle, an autonomous vehicle may be tested or used on a highway within this State with a human operator if the autonomous vehicle is capable of operating in compliance with the applicable motor vehicle laws and traffic laws of this State and such a federal law or regulation.

      Sec. 9.5. NRS 482A.090 is hereby amended to read as follows:

      482A.090  1.  The original manufacturer of a motor vehicle that has been converted by a third party into an autonomous vehicle is not liable for damages to any person injured due to a defect caused by the conversion of the motor vehicle [or by any equipment installed to facilitate the conversion] by the third party unless the defect that caused the injury was present in the vehicle as originally manufactured.

      2.  The original manufacturer or developer of an automated driving system that has been modified by an unauthorized third party is not liable for damages to any person injured due to a defect caused by the modification of the automated driving system by the third party unless the defect that caused the injury was present in the automated driving system as originally manufactured or developed.

      Sec. 10. NRS 482A.100 is hereby amended to read as follows:

      482A.100  1.  The Department [shall] may adopt regulations [authorizing] relating to the operation and testing of autonomous vehicles on highways within the State of Nevada [.] which are consistent with this chapter and do not impose additional requirements upon the operation and testing of autonomous vehicles.

      2.  A regulation adopted pursuant to subsection 1 shall not become effective until at least 180 days after the regulation is adopted by the Department.

      3.  The regulations [required to be] adopted [by] pursuant to subsection 1 [must:] may:

      (a) [Set forth requirements] Require that an autonomous vehicle [must meet] or automated driving system be certified to comply with the requirements of this chapter by the manufacturer of the autonomous vehicle, the manufacturer or developer of the automated driving system or an autonomous vehicle certification facility licensed pursuant to paragraph (c) before it may be operated on a highway within this State;

      (b) [Set forth requirements for the insurance that is required to test or operate an autonomous vehicle on a highway within this State;] Include provisions relating to license plates for and the registration of autonomous vehicles and the licensing and training of drivers that do not conflict with this chapter or unreasonably impede the testing and operation of autonomous vehicles in this State; and

      (c) [Establish minimum safety standards for autonomous vehicles and their operation;

      (d) Provide for the testing of autonomous vehicles;

      (e) Restrict the testing of autonomous vehicles to specified geographic areas; and

 


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      (f) Set forth such other requirements as the Department determines to be necessary.] Provide for the licensing of autonomous vehicle certification facilities.

      Sec. 11. NRS 482A.200 is hereby amended to read as follows:

      482A.200  [The Department shall by regulation establish a driver’s license endorsement for the operation of an autonomous vehicle on the highways of this State. The driver’s license endorsement described in this section must, in its restrictions or lack thereof, recognize the fact that a person is not required to actively drive an autonomous vehicle.] No motor vehicle laws or traffic laws of this State shall be construed to require a human driver to operate a fully autonomous vehicle which is being operated by an automated driving system. The automated driving system of a fully autonomous vehicle shall, when engaged, be deemed to fulfill any physical acts which would otherwise be required of a human driver except those acts which by their nature can have no application to such a system.

      Sec. 11.5. NRS 484A.080 is hereby amended to read as follows:

      484A.080  [“Driver”]

      1.  Except as otherwise provided in subsection 2, “driver” means every person who drives or is in actual physical control of a vehicle.

      2.  If a vehicle is an autonomous vehicle, as defined in NRS 482A.030, and the automated driving system, as defined in NRS 482A.025, of the autonomous vehicle is engaged, “driver” means a person who causes the automated driving system of the autonomous vehicle to engage.

      3.  If a vehicle is a fully autonomous vehicle, as defined in section 2.5 of this act, and the automated driving system, as defined in NRS 482A.025, of the fully autonomous vehicle is engaged, “driver” does not include a natural person who causes the automated driving system of the fully autonomous vehicle to engage unless the natural person is the owner of the fully autonomous vehicle.

      Sec. 11.7. NRS 484B.127 is hereby amended to read as follows:

      484B.127  1.  The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

      2.  The driver of any truck or combination of vehicles 80 inches or more in overall width, which is following a truck, or combination of vehicles 80 inches or more in overall width, shall, whenever conditions permit, leave a space of 500 feet so that an overtaking vehicle may enter and occupy such space without danger, but this shall not prevent a truck or combination of vehicles from overtaking and passing any vehicle or combination of vehicles. This subsection does not apply to any vehicle or combination of vehicles while moving on a highway on which there are two or more lanes available for traffic moving in the same direction.

      3.  Motor vehicles being driven upon any highway outside of a business district in a caravan or motorcade, whether or not towing other vehicles, shall be operated to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle or combination of vehicles to enter and occupy such space without danger.

      4.  This section does not apply to a vehicle which is using driver-assistive platooning technology, as defined in section 2 of this act.

      Sec. 12. NRS 484B.165 is hereby amended to read as follows:

      484B.165  1.  Except as otherwise provided in this section, a person shall not, while operating a motor vehicle on a highway in this State:

 


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      (a) Manually type or enter text into a cellular telephone or other handheld wireless communications device, or send or read data using any such device to access or search the Internet or to engage in nonvoice communications with another person, including, without limitation, texting, electronic messaging and instant messaging.

      (b) Use a cellular telephone or other handheld wireless communications device to engage in voice communications with another person, unless the device is used with an accessory which allows the person to communicate without using his or her hands, other than to activate, deactivate or initiate a feature or function on the device.

      2.  The provisions of this section do not apply to:

      (a) A paid or volunteer firefighter, emergency medical technician, advanced emergency medical technician, paramedic, ambulance attendant or other person trained to provide emergency medical services who is acting within the course and scope of his or her employment.

      (b) A law enforcement officer or any person designated by a sheriff or chief of police or the Director of the Department of Public Safety who is acting within the course and scope of his or her employment.

      (c) A person who is reporting a medical emergency, a safety hazard or criminal activity or who is requesting assistance relating to a medical emergency, a safety hazard or criminal activity.

      (d) A person who is responding to a situation requiring immediate action to protect the health, welfare or safety of the driver or another person and stopping the vehicle would be inadvisable, impractical or dangerous.

      (e) A person who is licensed by the Federal Communications Commission as an amateur radio operator and who is providing a communication service in connection with an actual or impending disaster or emergency, participating in a drill, test, or other exercise in preparation for a disaster or emergency or otherwise communicating public information.

      (f) An employee or contractor of a public utility who uses a handheld wireless communications device:

             (1) That has been provided by the public utility; and

             (2) While responding to a dispatch by the public utility to respond to an emergency, including, without limitation, a response to a power outage or an interruption in utility service.

      3.  The provisions of this section do not prohibit the use of a voice-operated global positioning or navigation system that is affixed to the vehicle.

      4.  A person who violates any provision of subsection 1 is guilty of a misdemeanor and:

      (a) For the first offense within the immediately preceding 7 years, shall pay a fine of $50.

      (b) For the second offense within the immediately preceding 7 years, shall pay a fine of $100.

      (c) For the third or subsequent offense within the immediately preceding 7 years, shall pay a fine of $250.

      5.  A person who violates any provision of subsection 1 may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135.

      6.  The Department of Motor Vehicles shall not treat a first violation of this section in the manner statutorily required for a moving traffic violation.

 


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      7.  For the purposes of this section, a person shall be deemed not to be operating a motor vehicle if the motor vehicle is driven autonomously [through the use of artificial-intelligence software] and the autonomous operation of the motor vehicle is authorized by law.

      8.  As used in this section:

      (a) “Handheld wireless communications device” means a handheld device for the transfer of information without the use of electrical conductors or wires and includes, without limitation, a cellular telephone, a personal digital assistant, a pager and a text messaging device. The term does not include a device used for two-way radio communications if:

             (1) The person using the device has a license to operate the device, if required; and

             (2) All the controls for operating the device, other than the microphone and a control to speak into the microphone, are located on a unit which is used to transmit and receive communications and which is separate from the microphone and is not intended to be held.

      (b) “Public utility” means a supplier of electricity or natural gas or a provider of telecommunications service for public use who is subject to regulation by the Public Utilities Commission of Nevada.

      Secs. 13 and 14. (Deleted by amendment.)

      Sec. 14.01. Chapter 372B of NRS is hereby amended by adding thereto the provisions set forth as sections 14.03 and 14.05 of this act.

      Sec. 14.03. “Autonomous vehicle network company” has the meaning ascribed to it in section 14.24 of this act.

      Sec. 14.05. 1.  In addition to any other fee or assessment imposed pursuant to this chapter, an excise tax is hereby imposed on the use of a dispatch center, software application or other digital means by an autonomous vehicle network company to connect a passenger to a fully autonomous vehicle for the purpose of providing transportation services at the rate of 3 percent of the total fare charged for transportation services, which must include, without limitation, all fees, surcharges, technology fees, convenience charges for the use of a credit or debit card and any other amount that is part of the fare. The Department shall charge and collect from each autonomous vehicle network company the excise tax imposed by this subsection.

      2.  The excise tax collected by the Department pursuant to subsection 1 must be deposited with the State Treasurer in accordance with the provisions of NRS 372B.170.

      3.  As used in this section, “fully autonomous vehicle” has the meaning ascribed to it in section 2.5 of this act.

      Sec. 14.07. NRS 372B.010 is hereby amended to read as follows:

      372B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 372B.020 to 372B.090, inclusive, and section 14.03 of this act have the meanings ascribed to them in those sections.

      Sec. 14.09. NRS 372B.070 is hereby amended to read as follows:

      372B.070  “Taxpayer” means : [a:]

      1.  [Common] An autonomous vehicle network company;

      2.  A common motor carrier of passengers;

      [2.  Taxicab;]

      3.  A taxicab; or

      [3.  Transportation]

 


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      4.  A transportation network company.

      Sec. 14.1. Title 58 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 14.2 to 14.9, inclusive, of this act.

      Sec. 14.2. As used in this chapter unless the context otherwise requires, the words and terms defined in sections 14.22 to 14.28, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 14.22. “Authority” means the Nevada Transportation Authority.

      Sec. 14.24. “Autonomous vehicle network company” or “company” means an entity that, for compensation, connects a passenger to a fully autonomous vehicle which can provide transportation services to the passenger.

      Sec. 14.26. “Fully autonomous vehicle” has the meaning ascribed to it in section 2.5 of this act.

      Sec. 14.28. “Transportation services” means the transportation of one or more passengers between points chosen by the passenger or passengers using a fully autonomous vehicle. The term includes only the period beginning when a company accepts a request to provide transportation for one or more passengers using a fully autonomous vehicle and ending when all of the passengers fully disembark from the fully autonomous vehicle.

      Sec. 14.3. The provisions of this chapter do not apply to:

      1.  Common motor carriers or contract motor carriers that are providing transportation services pursuant to a contract with the Department of Health and Human Services entered into pursuant to NRS 422.27495.

      2.  A person who provides a method to enable persons who are interested in sharing expenses for transportation to a destination, commonly known as carpooling, to connect with each other, regardless of whether a fee is charged by the person who provides the method.

      Sec. 14.33. 1.  Except as otherwise provided in subsection 2, the provisions of this chapter do not exempt any person from any law governing the operation of a motor vehicle upon the highways of this State.

      2.  An autonomous vehicle network company which holds a valid permit issued by the Authority pursuant to this chapter and each fully autonomous vehicle operated by such a company are exempt from:

      (a) The provisions of chapter 704 of NRS relating to public utilities; and

      (b) The provisions of chapters 706 and 706A of NRS,

Ê to the extent that the services provided by the company are within the scope of the permit.

      Sec. 14.37. 1.  The Authority shall adopt such regulations as are necessary to carry out the provisions of this chapter.

      2.  The regulations adopted by the Authority pursuant to this section must not conflict with or regulate any matter described in chapter 482A of NRS.

      Sec. 14.5. 1.  An autonomous vehicle network company shall not engage in business in this State unless the company holds a valid permit issued by the Authority pursuant to this chapter.

      2.  The Authority is authorized and empowered to regulate, pursuant to the provisions of this chapter, all autonomous vehicle network companies who operate or wish to operate within this State. The Authority shall not apply any provision of chapter 706 of NRS to an autonomous vehicle network company who operates, or a fully autonomous vehicle operated by a company, within the provisions of this chapter and the regulations adopted pursuant thereto.

 


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vehicle network company who operates, or a fully autonomous vehicle operated by a company, within the provisions of this chapter and the regulations adopted pursuant thereto.

      3.  A person who is regulated pursuant to chapter 706 of NRS and who holds a valid permit issued pursuant to subsection 1 may apply to the Authority for a permit to use autonomous vehicles to provide transportation services. A person who holds a permit to use autonomous vehicles to provide transportation services:

      (a) May combine the operations of an autonomous vehicle network company and a business regulated pursuant to chapter 706 of NRS; and

      (b) Must comply with all requirements of this chapter and chapter 706 of NRS which apply to such combined operations.

      4.  Nothing in this chapter prohibits a company from collaborating to provide transportation services with any other person authorized to provide such services pursuant to this chapter or chapter 706 or 706A of NRS.

      Sec. 14.53. A person who desires to operate an autonomous vehicle network company in this State must submit to the Authority an application for the issuance of a permit to operate an autonomous vehicle network company. The application must be in the form required by the Authority and must include such information as the Authority, by regulation, determines is necessary to prove the person meets the requirements of this chapter for the issuance of a permit.

      Sec. 14.55. 1.  Upon receipt of a completed application and upon a determination by the Authority that an applicant meets the requirements for the issuance of a permit to operate an autonomous vehicle network company, the Authority shall issue to the applicant within 30 days a permit to operate an autonomous vehicle network company in this State.

      2.  In accordance with the provisions of this chapter, a permit issued pursuant to this section:

      (a) Authorizes an autonomous vehicle network company to use a dispatch center, software application or other digital means to connect passengers to a fully autonomous vehicle which can provide transportation services to the passenger.

      (b) Does not authorize an autonomous vehicle network company to engage in any activity otherwise regulated pursuant to chapter 706 or 706A of NRS other than the activity authorized by this chapter.

      3.  Nothing in this chapter prohibits the issuance of a permit to operate an autonomous vehicle network company to a person who is regulated pursuant to chapter 706 or 706A of NRS if the person submits an application pursuant to section 14.53 of this act and meets the requirements for the issuance of a permit.

      Sec. 14.57. 1.  The Authority shall charge and collect a fee, in an amount established by the Authority by regulation, from each applicant for a permit to operate an autonomous vehicle network company in this State. The fee required by this subsection is not refundable. The Authority shall not issue a permit to operate an autonomous vehicle network company in this State unless the applicant has paid the fee required by this subsection.

      2.  For each year after the year in which the Authority issues a permit to an autonomous vehicle network company, the Authority shall levy and collect an annual assessment from the autonomous vehicle network company at a rate determined by the Authority based on the gross operating revenue derived from the intrastate operations of the autonomous vehicle network company in this State.

 


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operating revenue derived from the intrastate operations of the autonomous vehicle network company in this State.

      3.  The annual assessment levied and collected by the Authority pursuant to subsection 2 must be used by the Authority for the regulation of autonomous vehicle network companies.

      Sec. 14.7. An autonomous vehicle network company shall appoint and keep in this State a registered agent as provided in NRS 14.020.

      Sec. 14.71. 1.  In accordance with the provisions of this chapter, an autonomous vehicle network company which holds a valid permit issued by the Authority pursuant to this chapter may charge a fare for transportation services.

      2.  If a fare is charged for transportation services provided to passengers, the company must disclose the rates charged by the company and the method by which the amount of a fare is calculated:

      (a) On an Internet website maintained by the company; or

      (b) Within the software application or other digital means used by the company to connect passengers to fully autonomous vehicles.

      3.  If a fare is charged for transportation services provided to passengers, the company must offer to each passenger the option to receive, before the passenger enters the fully autonomous vehicle of the company, an estimate of the amount of the fare that will be charged to the passenger.

      4.  An autonomous vehicle network company may accept payment of a fare only electronically. An autonomous vehicle network company shall not solicit or accept cash as payment of a fare.

      5.  An autonomous vehicle network company shall not impose any additional charge for providing transportation services to a person with a physical disability because of the disability.

      6.  The Authority may adopt regulations establishing a maximum fare that may be charged during an emergency, as defined in NRS 414.0345.

      Sec. 14.72. 1.  An autonomous vehicle network company shall not connect a fully autonomous vehicle to a potential passenger if the fully autonomous vehicle is not in compliance with the requirements of chapter 482A of NRS.

      2.  An autonomous vehicle network company shall inspect or cause to be inspected every fully autonomous vehicle used to provide transportation services before using the fully autonomous vehicle to provide transportation services and not less than once each year thereafter.

      3.  The inspection required by subsection 2 must ensure the proper functioning and safety of the fully autonomous vehicle pursuant to chapter 482A of NRS and any applicable federal law or regulation.

      Sec. 14.73. 1.  An autonomous vehicle network company shall adopt a policy which prohibits discrimination against a passenger or potential passenger on account of national origin, religion, age, disability, sex, race, color, sexual orientation or gender identity or expression.

      2.  An autonomous vehicle network company shall provide to each passenger an opportunity to indicate whether the passenger requires transportation in a fully autonomous vehicle that is wheelchair accessible. If the company cannot provide the passenger with transportation services in a fully autonomous vehicle that is wheelchair accessible, the company must direct the passenger to an alternative provider or means of transportation that is wheelchair accessible, if available.

 


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      Sec. 14.74. For each instance in which an autonomous vehicle network company uses a fully autonomous vehicle to provide transportation services to a passenger, the company shall provide to the passenger, before the passenger enters the fully autonomous vehicle, the license plate number of the fully autonomous vehicle. The information required by this section must be provided to the passenger:

      1.  On an Internet website maintained by the company; or

      2.  Within the software application or other digital means used by the company to connect passengers to fully autonomous vehicles.

      Sec. 14.75. An autonomous vehicle network company which connected a passenger to a fully autonomous vehicle shall, within a reasonable period following the provision of transportation services to the passenger, transmit to the passenger an electronic receipt, which must include, without limitation:

      1.  A description of the point of origin and the destination of the transportation services;

      2.  The total time for which transportation services were provided;

      3.  The total distance traveled; and

      4.  An itemization of the fare, if any, charged for the transportation services.

      Sec. 14.76. An autonomous vehicle network company may enter into a contract with any agency of the Department of Health and Human Services to provide assistance in transportation pursuant to the programs administered by the agency.

      Sec. 14.77. 1.  An autonomous vehicle 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) 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 fully autonomous vehicle and was reported to the company.

      2.  Each autonomous vehicle 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 records provided to the Authority are confidential and must not be disclosed other than to employees of the Authority.

      Sec. 14.78. 1.  Each autonomous vehicle network company shall:

      (a) Keep uniform and detailed accounts of all business transacted in this State and provide such accounts to the Authority upon request;

      (b) On or before May 15 of each year, provide an annual report to the Authority regarding all business conducted by the company in this State during the preceding calendar year; and

      (c) Provide the information determined by the Authority to be necessary to verify the collection of money owed to the State.

      2.  The Authority shall adopt regulations setting forth the form and contents of the information required to be provided pursuant to subsection 1.

      3.  If the Authority determines that an autonomous vehicle network company has failed to include information in its accounts or the report required pursuant to subsection 1, the Authority shall notify the company to provide such information.

 


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to provide such information. A company which receives a notice pursuant to this subsection shall provide the specified information within 15 days after receipt of such a notice.

      4.  All information required to be provided pursuant to this section must be signed by an officer or agent of, or other person authorized by, the autonomous vehicle network company under oath.

      Sec. 14.79. Except as otherwise provided in this section, an autonomous vehicle network company shall not disclose to any person the personally identifiable information of a passenger who received services from the company unless:

      1.  The disclosure is otherwise required by law;

      2.  The company determines that disclosure is required to protect or defend the terms of use of the services or to investigate violations of those terms of use; or

      3.  The passenger consents to the disclosure.

      Sec. 14.8. Each autonomous vehicle network company shall:

      1.  Provide notice of the contact information of the Authority on an Internet website maintained by the company or within the software application or other digital means used by the company to connect passengers to fully autonomous vehicles; and

      2.  Create a system to receive and address complaints from consumers which is available during normal business hours in this State.

      Sec. 14.82. 1.  Each autonomous vehicle network company shall provide to the Authority reports containing information relating to motor vehicle crashes which occurred in this State while a fully autonomous vehicle was providing transportation services. The reports required by this subsection must contain the information identified in subsection 2 and be submitted:

      (a) For all crashes that occurred during the first 6 months that the company operates within this State, not later than 7 months after the date the company was issued a permit.

      (b) For all crashes that occurred during the first 12 months that the company operates within this State, not later than 13 months after the date the company was issued a permit.

      2.  The reports submitted pursuant to subsection 1 must include, for the period of time specified in subsection 1:

      (a) The number of motor vehicle crashes which occurred in this State involving such a fully autonomous vehicle;

      (b) The highest, lowest and average amount paid for bodily injury or death to one or more persons that occurred as a result of such a crash; and

      (c) The highest, lowest and average amount paid for damage to property that occurred as a result of such a crash.

      3.  Except as otherwise provided in this subsection, any records provided to the Authority are confidential and must not be disclosed other than to employees of the Authority. The Authority shall collect the reports submitted by autonomous vehicle network companies pursuant to subsection 1 and determine whether the limits of coverage required pursuant to section 14.9 of this act are sufficient. The Authority shall submit a report stating whether the limits of coverage required pursuant to section 14.9 of this act are sufficient and containing the information, in an aggregated format which does not reveal the identity of any person, submitted by autonomous vehicle network companies pursuant to subsection 1 since the last report of the Authority pursuant to this subsection:

 


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      (a) To the Legislative Commission on or before December 1 of each odd-numbered year.

      (b) To the Director of the Legislative Counsel Bureau for transmittal to the Legislature on or before December 1 of each even-numbered year.

      Sec. 14.84. 1.  With respect to a passenger’s destination when using a fully autonomous vehicle provided by the company, an autonomous vehicle network company shall not:

      (a) Deceive or attempt to deceive any passenger who rides or desires to ride in the vehicle.

      (b) Convey or attempt to convey any passenger to a destination other than the one directed by the passenger.

      (c) Take a longer route to the passenger’s destination than is necessary, unless specifically requested to do so by the passenger.

      2.  The Authority shall not consider any action taken by a fully autonomous vehicle which is consistent with its operational design domain, as defined in section 3 of this act, or technological capabilities as a violation of subsection 1.

      3.  As used in this section, “longer route to the passenger’s destination” means any route other than that which would result in the lowest fare to the passenger.

      Sec. 14.86. 1.  If the Authority determines that an autonomous vehicle network company has violated the terms of a permit issued pursuant to this chapter or any other provision of this chapter or any regulations adopted pursuant thereto, the Authority may, depending on whether the violation was committed by the company or a fully autonomous vehicle used by the company, or both:

      (a) If the Authority determines that the violation is willful and endangers public safety in a manner unrelated to the provisions of chapter 482A of NRS, suspend or revoke the permit issued to the company;

      (b) If the Authority determines that the violation is willful and endangers public safety in a manner unrelated to the provisions of chapter 482A of NRS, impose against the company an administrative fine in an amount not to exceed $100,000 per violation; or

      (c) Impose any combination of the penalties provided in paragraphs (a) and (b).

      2.  To determine the amount of an administrative fine imposed pursuant to paragraph (b) or (c) of subsection 1, the Authority shall consider:

      (a) The size of the company;

      (b) The severity of the violation;

      (c) Any good faith efforts by the company to remedy the violation;

      (d) The history of previous violations by the company; and

      (e) Any other factor that the Authority determines to be relevant.

      3.  Notwithstanding the provisions of NRS 193.170, a person who violates any provision of this chapter is not subject to any criminal penalty for such a violation.

      Sec. 14.88. 1.  Except as otherwise provided in subsection 2, a local governmental entity shall not:

      (a) Impose any tax or fee on an autonomous vehicle network company operating within the scope of a valid permit issued by the Authority pursuant to this chapter or a fully autonomous vehicle used by such a company to provide transportation services.

 


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      (b) Require an autonomous vehicle network company operating within the scope of a valid permit issued by the Authority pursuant to this chapter to obtain from the local government any certificate, license or permit to operate within that scope.

      (c) Impose any other requirement upon an autonomous vehicle network company which is not of general applicability to all persons who operate a motor vehicle within the jurisdiction of the local government.

      2.  Nothing in this section:

      (a) Prohibits a local governmental entity from requiring an autonomous vehicle network company to obtain from the local government a business license or to pay any business license fee in the same manner that is generally applicable to any other business that operates within the jurisdiction of the local government.

      (b) Prohibits an airport or its governing body from requiring an autonomous vehicle network company to:

             (1) Obtain a permit or certification to operate at the airport;

             (2) Pay a fee to operate at the airport; or

             (3) Comply with any other requirement to operate at the airport.

      (c) Exempts a fully autonomous vehicle used by a company from any tax imposed pursuant to NRS 354.705, 371.043 or 371.045.

      3.  The provisions of this chapter do not exempt any person from the requirement to obtain a state business license issued pursuant to chapter 76 of NRS.

      Sec. 14.9. Each autonomous vehicle network company shall maintain insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State or a broker licensed pursuant to chapter 685A of NRS, procured directly from a nonadmitted insurer, as defined in NRS 685A.0375, or a program of self-insurance which meets criteria established by the Authority in an amount of $1,500,000 or more for bodily injury to or death of one or more persons and injury to or destruction of property of others in any one accident or motor vehicle crash that occurs while providing transportation services using a fully autonomous vehicle pursuant to this chapter.

      Sec. 15. Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 to 34, inclusive, of this act.

      Sec. 16.  (Deleted by amendment.)

      Sec. 17. “Fully autonomous vehicle” has the meaning ascribed to it in section 2.5 of this act.

      Secs. 18-20.  (Deleted by amendment.)

      Sec. 21.  1.  The Authority shall authorize a common motor carrier or contract motor carrier to use one or more fully autonomous vehicles to transport passengers if:

      (a) The fully autonomous vehicles comply with the provisions of chapter 482A of NRS and the regulations adopted pursuant thereto;

      (b) The motor carrier holds a permit issued pursuant to section 14.55 of this act as an autonomous vehicle network company and a permit to use autonomous vehicles to provide transportation services pursuant to section 14.5 of this act; and

      (c) The fully autonomous vehicles will comply with the requirements of NRS 706.011 to 706.791, inclusive, and sections 16 to 25, inclusive, of this act, and any regulations adopted pursuant thereto.

 


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      2.  A common motor carrier or contract motor carrier may use one or more fully autonomous vehicles to transport property if the fully autonomous vehicles:

      (a) Comply with the provisions of chapter 482A of NRS and the regulations adopted pursuant thereto; and

      (b) Will comply with the applicable requirements of NRS 706.011 to 706.791, inclusive, and sections 16 to 25, inclusive, of this act, and any regulations adopted pursuant thereto.

      Secs. 22-26.  (Deleted by amendment.)

      Sec. 27. “Fully autonomous vehicle” has the meaning ascribed to it in section 2.5 of this act.

      Secs. 28-30.  (Deleted by amendment.)

      Sec. 31.  The Taxicab Authority shall authorize a certificate holder to use one or more fully autonomous vehicles if:

      1.  The fully autonomous vehicles comply with the provisions of chapter 482A of NRS and the regulations adopted pursuant thereto;

      2.  The certificate holder holds a permit issued pursuant to section 14.55 of this act as an autonomous vehicle network company and a permit to use autonomous vehicles to provide transportation services pursuant to section 14.5 of this act; and

      3.  The fully autonomous vehicles will comply with the requirements of sections 706.881 to 706.885, inclusive, and sections 26 to 34, inclusive, of this act, and any regulations adopted pursuant thereto.

      Secs. 32-34.  (Deleted by amendment.)

      Sec. 35. NRS 706.011 is hereby amended to read as follows:

      706.011  As used in NRS 706.011 to 706.791, inclusive, and sections 16 to 25, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, and sections 16 to 20, inclusive, of this act have the meanings ascribed to them in those sections.

      Secs. 36-39. (Deleted by amendment.)

      Sec. 40. NRS 706.881 is hereby amended to read as follows:

      706.881  1.  The provisions of NRS 372B.160 and 706.8811 to 706.885, inclusive, and sections 26 to 34, inclusive, of this act apply to any county:

      (a) Whose population is 700,000 or more; or

      (b) For whom regulation by the Taxicab Authority is not required, if the board of county commissioners of the county has enacted an ordinance approving the inclusion of the county within the jurisdiction of the Taxicab Authority.

      2.  Upon receipt of a certified copy of such an ordinance from a county for whom regulation by the Taxicab Authority is not required, the Taxicab Authority shall exercise its regulatory authority pursuant to NRS 706.8811 to 706.885, inclusive, and sections 26 to 34, inclusive, of this act within that county.

      3.  Within any such county, the provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the Nevada Transportation Authority do not apply.

      Sec. 41. NRS 706.8811 is hereby amended to read as follows:

      706.8811  As used in NRS 706.881 to 706.885, inclusive, and sections 26 to 34, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 706.8812 to 706.8817, inclusive, and sections 26 to 30, inclusive, of this act have the meanings ascribed to them in those sections.

 


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ê2017 Statutes of Nevada, Page 4480 (Chapter 608, AB 69)ê

 

      Secs. 42-47. (Deleted by amendment.)

      Sec. 48. Chapter 706A of NRS is hereby amended by adding thereto the provisions set forth as sections 49 to 57, inclusive, of this act.

      Secs. 49-53.  (Deleted by amendment.)

      Sec. 54. Nothing in this chapter shall be construed to prohibit a transportation network company from obtaining a permit to act as an autonomous vehicle network company pursuant to section 14.55 of this act and providing, within the scope of such a permit, the services authorized by sections 14.2 to 14.9, inclusive, of this act.

      Secs. 55-69.  (Deleted by amendment.)

      Sec. 69.3. The Department of Motor Vehicles and the Nevada Transportation Authority shall, on or before January 1, 2018, adopt any regulations which are required by or necessary to carry out the provisions of this act.

      Sec. 69.5.  1.  Notwithstanding the provisions of section 14.55 of this act to the contrary and any regulation adopted by the Nevada Transportation Authority pursuant to sections 14.2 to 14.9, inclusive, of this act, the Nevada Transportation Authority shall issue a permit to operate an autonomous vehicle network company to any person who, on or before January 1, 2018, demonstrates to the Nevada Transportation Authority that the person meets the requirements of sections 14.2 to 14.9, inclusive, of this act to operate an autonomous vehicle network company, regardless of whether such a person has submitted a completed application, and may commence operations in this State immediately upon being issued a permit.

      2.  Notwithstanding the effective date of any regulation adopted by the Nevada Transportation Authority pursuant to sections 14.2 to 14.9, inclusive, of this act on or before January 1, 2018, an autonomous vehicle network company issued a permit pursuant to subsection 1 must not be required to comply with the provisions of the regulation until 180 days after the regulation is filed with the Secretary of State.

      3.  A permit issued pursuant to subsection 1 expires on the date 180 days after a regulation adopted by the Nevada Transportation Authority to carry out the provisions of sections 14.2 to 14.9, inclusive, of this act is filed with the Secretary of State. If a person who holds such a permit wishes to continue to operate an autonomous vehicle network company, the person must apply for and be issued a permit pursuant to sections 14.2 to 14.9, inclusive, of this act and the regulations adopted pursuant thereto.

      4.  As used in this section, “autonomous vehicle network company” has the meaning ascribed to it in section 14.24 of this act.

      Sec. 69.7. 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. 70.  This act becomes effective upon passage and approval.

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